First, let me state that this construction standard has never been cited. This is based on my personal knowledge and the OSHA database; however, it is still in effect and could be cited. Last year, OSHA revised their standards and they simply did away with the duplicate language in 1926.64 and said to follow the requirements in 29 CFR 1910.119. But the bigger question to ask is when would a construction company fall under the PSM standard? Well earlier this year, I finally came across the situation where the contractor who built the process, also received the first delivery of the HHC, and during this delivery, there was a release of the HHC and this brought both OSHA and EPA to the site. Here is what went down and how OSHA and EPA viewed this situation…
UPDATE: I have also seen this scenario play out with NH3 in the power generation industry where NH3 was used in an SCR process and the build contractor received the first shipment of NH3 and ran the process for several weeks before the official “hand-over” to the host.