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Chemical Industry Council of California

Cal/OSHA Proposes Revision to PSM Std.


Posted 2/28/07

 

The following information was provided to CICC by Tom Mitchell at Cal/OSHA

 

#####

 

The following underlined text is a proposed draft amendment to Cal/OSHA's Process Safety Management Standard to add a definition for "retail facility".

 

§5189. Process Safety Management of Acutely Hazardous Materials.

 

 

(c) Definitions.

Retail facility:  A facility organized to resell merchandise in small quantities to the general public and engaged in the final step in the distribution of merchandise, generally without transformation, and rendering services incidental to the sale of merchandise.

The proposed definition for retail facility is substantially the same as the definition of retail trade contained in the 2002 edition of the U.S. North American Industrial Classification System (NAICS) Manual. The Division of Occupational Safety and Health requested the Occupational Safety and Health Standards Board define retail facility in the standard because the standard exempts retail facilities and some facilities that handle anhydrous ammonia in excess of the threshold quantity of 10,000 pounds and sell to farms. [These persons or companies] assert that their facility is exempt from the PSM standard as a retail facility since it sells directly to end users.

According to the NAICS Manual this type of establishment is engaged in wholesale trade rather than retail trade. Exempting this type of facility from the PSM standard as a retail facility is inconsistent with federal OSHA's statement in the preamble to the federal PSM rule that chemicals in retail facilities are in small volume packages, containers and allotments making a large release unlikely.

Information regarding the process for amending Cal/OSHA standards is available on the Board's website at:

 

http://www.dir.ca.gov/oshsb/rolesandresponsiblities.html

The complete text of the PSM standard is also available from links posted on the Board's website. We are currently developing draft language and informally soliciting comments from parties that may be affected by the proposal. When a rule making package is completed the proposal will be noticed for public comment ~45 days before the public hearing, which is tentatively scheduled for May 2007.

If you have questions or comments, e-mail Tom Mitchell, Cal/OSHA, TMitchell@dir.ca.gov  or phone 916-274-5730. 

 

 

CICC Comment:  CICC needs to hear from our members if this rule will have a deleterious impact on your operations.  Please e-mail comments to jrulrich@comcast.net   or phone (916) 989-9692.  Tom Mitchell from Cal/OSHA will participate on our CICC Members' Call-In Conference on March 16th at 8:30 a.m.  Please mark your calendars.

 


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