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 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

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

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 online course was well thought out and organized, with good interaction between the student and the course.

Larry Ybarra

Material Release Agent

Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider.

Francisco Gallardo

HES Technician

I will never go anywhere, but to Lion Technology.

Dawn Swofford

EHS Technician

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

Rebecca Saxena

Corporate Product Stewardship Specialist

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

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

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

This report details major changes for hazardous waste generators from US EPA’s Generator Improvements Rule, as well as the latest updates from states that are still working to adopt new, stricter Federal requirements.

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.