1926.64(a)(1)(ii)(B)

Coverage of Stored Flammables Under the Process Safety Management Standard.

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.

MEMORANDUM FOR:     Regional Administrators

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

Subject:            Coverage of Stored Flammables Under the Process Safety
                    Management Standard

In a recent decision,1 the judge ruled that coverage under OSHA's Process Safety Management Standard (1910.119) does not extend to stored flammables in "atmospheric tanks," even if they were connected to a "process" within the definition of the standard.

Applicability of the PSM standard to a flammable liquid manufacturing process.

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.

 

OSHA enforcement policy of the PSM standard distilleries and related facilities in SIC 2085.

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.

March 14, 2003

Ms. Kembra Sexton Taylor
Deputy Secretary and General Counsel
Commonwealth of Kentucky Labor Cabinet
1047 US Hwy. 127 S. - Suite 4
Frankfort, KY 40601-4381

Dear Ms. Taylor: