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

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun.

Teresa Arellanes

EHS Manager

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

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

Steven Erlandson

Environmental Coordinator

Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider.

Francisco Gallardo

HES Technician

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.