June 23, 2023

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