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Standard Interpretations - Table of Contents
• Standard Number: 1910.119(a)(2)(i)

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

Interim Enforcement PolicyDecember 23, 2015

OSHA’s Process Safety Management (PSM) Standard states that its requirements do not apply to “retail facilities.” 29 CFR 1910.119(a)(2)(i). On July 22, 2015, OSHA issued a memorandum entitled “Process Safety Management of Highly Hazardous Chemicals and Application of the Retail Exemption (29 CFR 1910.119(a)(2)(i))” (Memorandum). In the Memorandum, OSHA interpreted the term “retail,” as used in the PSM standard, to apply to facilities “engaged in retail trade as defined by the current and any future updates to sectors 44 and 45” of the North American Industry Classification System Manual. This reflected a change from OSHA’s prior interpretation of “retail” to apply to facilities that obtain more than half of their income from direct sales to end users.

The July 22 Memorandum has, from its issuance, been subject to interim enforcement policies delaying active enforcement of the interpretation stated therein through July 22, 2016. This new policy rescinds all prior interim enforcement policies, including the PSM Retail Exemption Interim Enforcement Policy dated October 20, 2015, and replaces it with the following:

Through September 30, 2016, OSHA will not cite employers for violations of the PSM standard at facilities that it would not have cited applying the interpretation of the term “retail” that was in place prior to July 22, 2015.

Standard Interpretations - Table of Contents

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