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

I really enjoy your workshops. Thank you for such a great program and all the help Lion has provided me over the years!

George Chatman

Hazardous Material Pharmacy Technician

As always, Lion never disappoints

Paul Resley

Environmental Coordinator

I have been to other training companies, but Lion’s material is much better and easier to understand.

Mark Abell

Regional Manager

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

This is a very informative training compared to others. It covers everything I expect to learn and even a lot of new things.

Quatama Jackson

Waste Management Professional

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow.

Steven Erlandson

Environmental Coordinator

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

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.