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.

August 19, 1994

The Honorable Richard E. Neal Member, U.S. House of Representatives Federal Building 1550 Maine Street Springfield, MA. 01103

Dear Congressman Neal:

We have received your July 25 letter regarding the request for assistance by Ms. Catherine Benjamin, Safety Coordinator for Flexcon Company, Inc. Ms. Benjamin requested an interpretation and clarification of the Process Safety Management (PSM) of Highly Hazardous Chemicals (HHCs) standard, 29 CFR 1910.119 as it may apply to processes containing HHCs at one of her company's work sites.

This matter requires further research. We are attempting to respond as quickly as possible, taking into consideration the need for a thoughtful and responsive reply. We expect to provide you a full response shortly.

We appreciate your interest in Occupational Safety and Health Administration programs. Thank you for your patience.

Sincerely,

John B. Miles, Jr., Director Directorate of Compliance Programs