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

The course was very well structured and covered the material in a clear, concise manner.

Ian Martinez

Hazmat Shipping Professional

Attending Lion Technology classes should be mandatory for every facility that ships or stores hazmat.

Genell Drake

Outbound Lead

No comparison. Lion has the best RCRA training ever!!

Matt Sabine

Environmental Specialist

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

I was able to present my scenario to the instructor and worked thru the regulations together. In the past, I attended another training firm's classes. Now, I have no intention of leaving Lion!

Diana Joyner

Senior Environmental Engineer

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

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

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus.

John Brown, CSP

Director of Safety & Env Affairs

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

Download Our Latest Whitepaper

Ace hazmat inspections. Protect personnel. Defend against civil and criminal penalties. How? See the self-audit "best practices" for hazardous materials shippers.

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.