Search

Some “Retail Facilities” No Longer Exempt from OSHA PSM Requirements

Posted on 7/23/2015 by Roger Marks

Update 12/23/15: From a new OSHA Process Safety Management (PSM) interim enforcement policy: "Through September 30, OSHA will not cite employers for violations of the PSM standard at facilities that it would not have cited applying interpretation of the term "retail" that was in place prior to July 22, 2015." 

Update 10/21/15: On October 20, 2015, OSHA extended the compliance deadline for retail facilities covered under the July 2015 Process Safety Management (PSM) Interim Enforcment Policy. These facilities will now have twelve months—until July 22, 2016—to address the OSHA PSM elements and sub-elements. 

In a new Interim Enforcement Policy, the Occupational Health and Safety Administration (OSHA) announced on July 22, 2015 that certain employers will no longer be exempted from compliance requirements under the Process Safety Management (PSM) standard for highly hazardous chemicals at 29 CFR 1910.119.

In the PSM regulations, OSHA grants an exemption for “retail facilities.” [29 CFR 1910.119(a)(2)(i)] Under the new PSM enforcement policy, the “retail facilities” exemption applies only to facilities that fall in NAICS Codes 44 and 45, “retail trade.”

The new interpretation replaces the 1992 OSHA PSM interpretation that defines a retail facility as “An establishment, which would otherwise be subject to the PSM standard, at which more than half of the income is obtained from direct sales to end users.”

Facilities Already Covered Under EPA RMP Rules

Many of the now non-exempt facilities already face similar requirements under US EPA’s Risk Management Planning (RMP) requirements at 40 CFR 68. Even so, these facilities may have to undertake new activities to achieve compliance with the PSM rules. The EPA RMP rules require employers to develop and execute a safety management strategy that covers a majority of the OSHA PSM requirements. Programs already in place may need to be expanded in order to address the remaining OSHA PSM elements and sub-elements.

PSM Enforcement Under the Interim Policy

OSHA states that enforcement personnel will exercise discretion during this period and, except in cases of immediate, severe danger and a lack of a good-faith effort to control the hazard, will “refrain from citing employers for violations of the PSM standard at facilities that (they) would not have cited under former PSM retail exemption policy.”

Protect Your Team with Expert Training

When your company commits resources to employee training, you expect results. Interactive, engaging training at Lion.com is a convenient, effective way to train employees on a number of OSHA safety standards. View a demo of Lion's online training to see how we can help you keep your team safe on the job every day.

Tags: new, osha, process safety management, rules

Find a Post

Compliance Archives

Lion - Quotes

Lion is at the top of the industry in compliance training. Course content and structure are updated frequently to make annual re-training enjoyable. I like that Lion has experts that I can contact for 1 year after the training.

Caroline Froning

Plant Chemist

This is the best RCRA training I've experienced! I will be visiting Lion training again.

Cynthia L. Logsdon

Principal Environmental Engineer

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

Download Our Latest Whitepaper

Four key considerations to help you maximize the convenience and quality of your experience with online training.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.