Mr. Jeremy Williams
AR Training Solutions LLC
110 Suffolk Ct
Garden City, Kansas 67846
Dear Mr. Williams:
Thank you for your letter to the Occupational Safety and Health
Administration's (OSHA) Directorate of Enforcement Programs. You
have requested clarifications on the terms used in OSHA's standard,
29 CFR §1910.119, Process Safety Management (PSM) of Highly
Hazardous Chemicals (HHC). This letter constitutes OSHA's
interpretation of the requirements discussed in the letter and may
not be applicable to other questions not delineated within your
original correspondence.
The information in this letter does not constitute official
definitions of terms in the PSM standard. The following information
provides clarification on some of the terms used in the PSM
standard. Adding new definitions to Section 1910.119 requires
rulemaking changes. The PSM rulemaking is currently in the pre-rule
stage, and you may submit comments requesting definitions or
additional guidance in the future. Please check the Unified Agenda
on Reginfo.gov for status updates on the rulemaking.
Employer
- The term "employer" means "a person engaged in a
business affecting commerce who has employees but does not include
the United States (not including the United States Postal Service)
or any State or political subdivision of a State." (OSH Act 1970
SEC. 3)
Employee
- The term "employee" means "an employee of an
employer who is employed in a business of his or her employer which
affects commerce." (OSH Act 1970 SEC. 3)
Access referenced in Section 1910.119(c)(3)
- The term "access" in Section 1910.119(c)(3) means
that employees and their representatives have the ability or rights
to view paper or electronic copies of information pertaining to all
elements of the PSM standard. "Access" was first used in the Clean
Air Act Amendments of 1990 (CAAA), which states that the employer
must "consult with employees and their representatives on the
development and conduct of hazard assessments and the development
of chemical accident prevention plans and provide access to these
and other records required under the standard." The preamble to the
PSM final rule elaborates:
- "OSHA believes that employers must consult with
employees and their representatives on the development and conduct
of hazard assessments (OSHA's process hazard analyses) and consult
with employees on the development of chemical accident prevention
plans (the balance of the OSHA required elements in the process
safety management standard). And, as prescribed by the CAAA, OSHA
is requiring that all process hazard analyses and all other
information required to be developed by this standard be
available to employees and their representatives." [emphasis added]
(57 FR 6356)
Accessible in Section 1910.119(f)(2)
- The term "accessible" in Section 1910.119(f)(2)
means that employees responsible for operating a PSM-covered
process must have the ability or rights to view paper or electronic
copies of operating procedures. The preamble to the final rule
states, "These [operating] procedures must also be available for
ready reference and review during production to make sure the
process is operated properly." [emphasis added] (57 FR 6356)
Maximum intended inventory in Section 1910.119(d)(2)(i)(C)
- The term "maximum intended inventory" in Section
1910.119(d)(2)(i)(C) is the maximum quantity of each highly
hazardous chemical (HHC) expected in the covered process (i.e., as
defined in Section 1910.119(b)) at any time.
Electrical classification in Section 1910.119(d)(3)(i)(C)
- "Electrical classification" in Section
1910.119(d)(3)(i)(C) addresses locations within a facility wherein
the design requirements for electric equipment and wiring are
specified because of the presence or potential presence of
"flammable vapors, liquids or gases, or combustible dusts or
fibers" with "the likelihood that a flammable or combustible
concentration or quantity is present." See 29 CFR 1910.307(a)(1)
for Hazardous (classified) locations.
Initial startup in Section 1910.119(f)(1)(i)(A)
- The term "initial startup" in Section
1910.119(f)(1)(i)(A) refers to the startup of a new facility or
equipment when HHCs are being introduced for the first time.
Certify in Sections 1910.119(f)(3) and 1910.119(o)(1)
- The term "certify" in Section 1910.119(f)(3)
refers to the requirement for the employer to confirm in writing
that the operating procedures have been reviewed annually and are
current and accurate. The preamble to the final rule explains this
certification, "OSHA has added a precaution to guard against the
use of outdated or inaccurate operating procedures by requiring
that an employer verify annually that the operating procedures are
current and accurate." (57 FR 6356). Likewise, the term "certify"
in Section 1910.119(o)(1) refers to the requirement for the
employer to confirm in writing that they have evaluated compliance
with the PSM standard at least every three years.
Reviewed in Section 1910.119(f)(3)
- The term "reviewed" in Section 1910.119(f)(3)
refers to the employer's requirement to provide a formal
examination of the operating procedures "to assure that they
reflect current operating practices and any changes to the process
or facility" as often as necessary. (57 FR 6356). If procedures do
not reflect current operating practice, such as changes in process
chemicals, technology, and equipment, and changes to facilities,
employers must make updates to operating procedures.
Provided in Section 1910.119(g)(2)
- The term "provided" means that the employer must
deliver refresher training at least every three years, and more
often, if necessary, to each employee involved in operating a PSM
covered process.
Thank you for your interest in occupational safety and health.
We hope you find this information helpful. OSHA's requirements are
set by statute, standards, and regulations. Our letters of
interpretation do not create new or additional requirements but
rather explain these requirements and how they apply to
circumstances. This letter constitutes OSHA's interpretation of the
requirements discussed. From time to time, letters are affected
when the Agency updates a standard, a legal decision impacts a
standard, or changes in technology affect the interpretation. To
assure that you are using the correct information and guidance,
please consult OSHA's website at https://www.osha.gov. If you have
further questions, please feel free to contact the Directorate of
Enforcement Programs at (202) 693-2100.
Sincerely,
Kim Stille, Director
Directorate of Enforcement Programs