OSHA’s PSM standard excludes retail facilities. Calling a plant “retail” does not prove it qualifies. Section 1910.119(a) otherwise covers a process with a Category 1 flammable gas at 10,000 pounds or more at one location, subject to its conditions. Ask a qualified reviewer to match the site’s work to the rule.
By Bill Stomp · Last updated:
Which exceptions are in the rule?
29 CFR 1910.119(a) lists retail facilities. It also lists oil or gas well drilling or servicing. A third exception is for normally unoccupied remote facilities.
It also excepts hydrocarbon fuel used solely as fuel in the workplace. That fuel must not be part of a process with another highly hazardous chemical covered by the standard. The separate atmospheric-tank exception concerns flammable liquids. Do not treat it as a blanket propane-storage exception.
What would I ask the reviewer?
Describe what the site does, what it holds, how much it holds and who it serves. Ask which part of the rule fits those facts. Get the reason for the decision, not just a note that says “we are retail.”
Keep the answer with the facts used to reach it. Ask what changes would call for another look. These are steps I suggest for your review file. The page does not prescribe a new form.
What about EPA?
The EPA RMP fuel exclusion has its own terms. Get a separate answer if both programs are being reviewed. An EPA conclusion does not establish the OSHA exception.
Questions and answers
Does 10,000 pounds mean every plant is covered?
No. Read the scope and exceptions against the actual process. The company’s label alone does not establish which exception applies.
Can our office settle this from an article?
Use the article to prepare your questions. A qualified safety or legal reviewer needs to check the actual site and process.
Next step
Put the site’s process and quantity records in front of your reviewer. For the separate plant document, see operations and maintenance manuals.
Related: EPA’s fuel exclusion and sales test. Return to the manuals and records questions.
General information, not legal advice. Check what applies with the responsible regulator and a qualified safety or legal reviewer. This page does not replace training or the procedures for your equipment.