OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

June 3, 1993

Ms. Shelly Howard
Tyson Foods, Inc.
P.O. Box 2020
Springdale, Arkansas 72765

Dear Ms. Howard:

This is in response to the February 12 letter from Tyson Foods, Inc., signed by Ms. Shannon Weather, to Mr. James F. Foster, Director Office of Information and Consumer Affairs of the Occupational Safety and Health Administration (OSHA). Your letter was forwarded to the Directorate of Compliance Programs for response. In the April 27 telephone call between you and Mr. Ronald Davies of my staff, you disclosed that Ms. Weather no longer is employed by Tyson Foods, Inc., and you asked that this response be addressed to you. Please accept our apology for the delay in responding.

In the February 12 letter, clarification was requested on the 1910.119(e) deadlines for completion of process hazard analysis (PHA's). Specifically, does the percentage requirement pertain even if one or two processes are present at a worksite? Also, should 100% of the PHA be completed by May 26, 1994, if one process is present?

Normally, if only one process (covered by the PSM standard) is present, the PHA for the covered process must be completed in its entirety as soon as possible but no later than May 26, 1994. If there are only two covered processes then a PHA on the higher priority process must be completed in its entirety as soon as possible but not later than May 26, 1994, and a PHA on the second process must be completed in its entirety as soon as possible but no later than May 26, 1995.

Thank you for your interest in occupational safety and health. If we may be of further assistance please contact us.

Sincerely,



Roger A. Clark, Director
Directorate of Compliance Programs