Previously Exempt Retailers Must Now Comply with OSHA Process Safety Management Standards

OSHA revises retailer exemption for the Process Safety Management of Highly Hazardous Chemicals Standard

Retail facilities once exempt from Occupational Safety and Health Administration standards regarding the management of highly hazardous chemicals may now have to comply due to a revision of the exemption.

OSHA’s Process Safety Management of Highly Hazardous Chemicals (PSM) standard previously exempted retail facilities that derived more than 50 percent of their income from direct sales of highly hazardous chemicals to end users.

Under the revision, only those defined as “retail trade” facilities are eligible for the retail exemption. Retailers outside this definition formerly covered by OSHA’s exemption must now comply with PSM standards requirements.

Ohio AgriBusiness Association encourages its member retailers to look closely at business operations to identify what changes may be necessary moving forward.

OSHA believes that nearly all affected facilities are currently regulated by EPA as Risk Management Program (RMP) level 2 facilities. These facilities must undergo new activities to become PSM-compliant and will now be considered RMP level 3 facilities.

Activities necessary to comply with PSM may be minimal, but individual employers must ensure that they have addressed all OSHA PSM elements and sub-elements. OSHA has allowed facilities six months to comply with PSM standards, though action may be taken if OSHA determines there is an immediate threat of danger.

Details on OSHA’s memorandum and the new requirements are available here.