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

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

The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry.

Frances Mona

Shipping Manager

I love that the instructor emphasized the thought process behind the regs.

Rebecca Saxena

Corporate Product Stewardship Specialist

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

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 course is well thought out and organized in a way that leads to a clearer understanding of the total training.

David Baily

Hazmat Shipping Professional

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

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

Cynthia L. Logsdon

Principal Environmental Engineer

Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms.

David Hertvik

Vice President

I have attended other training providers, but Lion is best. Lion is king of the hazmat jungle!!!

Henry Watkins

Hazardous Waste 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.