PSM Retail Exemption Interim Enforcement Policy
Employer(s) with employee(s) exposed to PSM-covered processes formerly exempted under OSHA’s 1992 interpretation of “retail facility” now must comply with the requirements of 29 CFR 1910.119 if the facility, or portion of the facility processing the highly hazardous chemical, does not fall into the North American Industrial Classification System definition of retail trade (NAICS 44 and 45). OSHA understands that these facilities, although currently regulated by the EPA under the Risk Management Program (RMP) regulation 40 CFR 68, must undertake some new activities to become PSM-compliant. OSHA also understands that the actions involve initiating administrative programs and undertaking hazard identification and corrective actions that may require some lead time. With these factors in mind, OSHA offers this additional guidance when inspecting facilities formerly exempted from PSM because of the 1992 retail interpretation.