Search

OSHA Delays Enforcement of PSM Standards for “Retail” Employers

Posted on 1/4/2016 by Roger Marks

In a new Interim Enforcement Policy dated December 23, 2015, OSHA extended the deadline for newly covered “retail” facilities to address elements under OSHA’s Process Safety Management (PSM) Standard. The new deadline for these retail facilities is September 30, 2016.  

The extended deadline replaces the initial deadline announced on July 22, 2015 (and later extended) in a memo titled Process Safety Management of Highly Hazardous Chemicals and Application of the Retail Exemption (29 CFR 1910.119(a)(2)(i). In this policy, OSHA revised its definition of “retail” facilities subject to PSM requirements to clarify that the PSM retail exemption applies only to facilities that fall in NAICS Codes 44 and 45, “retail trade.” 

Timeline of New PSM Requirements for “Retail Facilities”

July 22, 2015—OSHA announces that some “retail” facilities are no longer exempt from meeting the requirements of the Process Safety Management Standard. OSHA gives newly covered retail establishments six months to comply.

October 20, 2015—OSHA extends the deadline for newly covered retail facilities to comply with the PSM Standard until July 22, 2016.

December 23, 2015—OSHA again extends the deadline, this time giving newly covered retail facilities until September 30, 2016 to comply with the PSM Standard. 

OSHA Process Safety Management or PSM

Who the Retail PSM Exemption Affects

Businesses in NAICS Codes 44 and 45 that may be subject to PSM requirements include gas stations, retail, auto parts dealers, and building materials vendors.

The 2015 interpretation replaces OSHA’s 1992 definition of retail facility exempt from PSM requirements as an “establishment which would otherwise be subject to the PSM standards 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 requirements for OSHA’s Process Safety Management Standard are covered if facilities are already in compliance with US EPA’s Risk Management Planning (RMP) requirements at 40 CFR 68. Programs already in place for RMP compliance may need to be expanded to address any OSHA PSM element or sub-element not already covered.

Expert OSHA Training

Make sure your new employees and workers taking on new jobs are trained to protect themselves and keep your workplace injury-free. Convenient, 24/7 OSHA online courses at Lion.com will prepare your employees to identify, avoid, and mitigate hazards to keep your site in compliance. With courses like GHS Hazard Communication, Lithium Battery Safety, and even a complete 10-Hour OSHA General Industry online course, protecting employees with effective training has never been easier. 

Tags: new, osha, retail, rules

Find a Post

Compliance Archives

Lion - Quotes

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

The instructor was very engaging and helped less experienced people understand the concepts.

Steve Gall

Safety Leader

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

I really enjoy your workshops. Thank you for such a great program and all the help Lion has provided me over the years!

George Chatman

Hazardous Material Pharmacy Technician

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

Download Our Latest Whitepaper

Spot and correct 4 of the most common universal waste errors before they result in a notice of violation during a Federal or state inspection.

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.