Standard Interpretations - Table of Contents|
| Standard Number:||1910.119; 1910.109(k)(2); 1910.109(k)(3)|
February 4, 1998
Mr. Frank A. White, Vice President
Organization Resources Counselors, Inc.
1910 Sunderland Place, N.W.
Washington, DC 20036
Dear Mr. White:
The following is a response to your letter dated December 23, 1996, related to various activities involving explosives and whether the activities are covered by OSHA's Process Safety Management of Highly Hazardous Chemicals; Explosives and Blasting Agents Standard (PSM) (29 CFR 1910.119). We apologize for the delay in responding to your request.
In your letter you ask whether OSHA intended to apply the PSM standard to certain pre-manufacture and post-manufacture research and testing activities involving explosives and pyrotechnics, or products containing explosives. Further, you listed and asked whether specific activities related to research and product testing of explosives were covered by the PSM standard, 1910.119.
The manufacturing of explosives and pyrotechnics is covered by the PSM standard, 29 CFR 1910.119 as set forth in OSHA standards 29 CFR 1910.109(k)(2) and (k)(3), respectively. OSHA considers the manufacturing of explosives to mean: mixing, blending, extruding, synthesizing, assembling, disassembling and other activities involved in the making of a chemical compound, mixture or device which is intended to explode. Unlike other highly hazardous chemicals (HHC) covered by PSM, explosive materials do not have a listed threshold quantity. If any quantity of explosives is manufactured as discussed above, then the manufacturing process is covered by the PSM standard.
Activities outside the scope of the manufacturing of explosives would not be covered by the PSM standard if those activities: occur in a separate, non-production research or test area or facility; and do not have the potential to cause or contribute to a release or interfere with mitigating the consequences of a catastrophic release from the explosive manufacturing process. OSHA does not intend that the PSM standard cover certain pre-manufacture and post-manufacture research and testing activities involving explosives, pyrotechnics or products containing explosives.
Activities OSHA considers outside the scope of the explosives manufacturing process if conducted in a separate, non-production research or test area or facility; and do not have the potential to cause or contribute to a release or interfere with mitigating the consequences of a catastrophic release from the explosive manufacturing process include:
Although the above listed activities when conducted in their given conditions are not part of the manufacturing process of explosives and therefore are not covered by the PSM standard, each activity would be subject to the requirements of OSHA's 1910.109, Explosives and Blasting Agents Standard because the activities involve keeping, having or storing explosives or pyrotechnics as set forth in 1910.109(k)(1).
If you have any questions, please contact Mike Marshall of my staff at 202-219-8118 ext. 12.
John B. Miles, Jr., Director
Directorate of Compliance Programs
|Standard Interpretations - Table of Contents|
The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.