OSHA’s Process Safety Management (PSM) Standard states that its requirements do not apply to “retail facilities.” 29 CFR 1910.119(a)(2)(i). On July 22, 2015, OSHA issued a memorandum entitled “Process Safety Management of Highly Hazardous Chemicals and Application of the Retail Exemption (29 CFR 1910.119(a)(2)(i))” (Memorandum). In the Memorandum, OSHA interpreted the term “retail,” as used in the PSM standard, to apply to facilities “engaged in retail trade as defined by the current and any future updates to sectors 44 and 45” of the North American Industry Classification System Manual. This reflected a change from OSHA’s prior interpretation of “retail” to apply to facilities that obtain more than half of their income from direct sales to end users.
The July 22 Memorandum has, from its issuance, been subject to interim enforcement policies delaying active enforcement of the interpretation stated therein through July 22, 2016.
This new policy rescinds all prior interim enforcement policies, including the PSM Retail Exemption Interim Enforcement Policy dated October 20, 2015, and replaces it with the following:
Through September 30, 2016, OSHA will NOT cite employers for violations of the PSM standard at facilities that it would not have cited applying the interpretation of the term “retail” that was in place prior to July 22, 2015.
CLICK HERE for the Official Document
CLICK HERE to see how the Budget Bill in Congress CHANGED everything