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 https://www.osha.gov.

December 10, 1993

Mr. David W. Spencer
Baker Performance Chemicals, Incorporated
3920 Essex Lane
Houston, Texas 77027-7714

Dear Mr. Spencer:

This is in response to your September 2 letter, requesting interpretation of the Process Safety Management (PSM) of Highly Hazardous Chemicals (HHC's), 29 CFR 1910.119, standard. Specifically, you requested clarification on the applicability of the PSM standard to end use applications of acrolein (2-Propenal) from containers, that is, 370 pound (167.8 kg) cylinders or 2300-3000 pound (1043.3-1360.8 kg) skid tanks supplied to your customers.

The PSM Standard applies to workplace process containing 150 pounds (68.0 kgs) or greater amounts of acrolein (2-Propenal). In your letter, you specifically inquired whether the "normally unoccupied remote facilities" exception of 1910.119(a)(2)(ii) would apply to your customers. The PSM standard applies to the customers to whom you supply the aforementioned acrolein, when these customers are employers with employees who may be exposed to the acrolein. The normally unoccupied remote facilities exception would not apply to the application by employees of acrolein to irrigation canals for weed control.

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


Roger A. Clark, Director
Directorate of Compliance Programs