Apx L-3 Determining Applicability of PSM

Approved Form

OMB Number: 1218-XXXX

Expiration Date: XX-XX-2026

Paperwork Reduction Act Notice

Persons are not required to respond to this collection of information unless it displays a valid OMB control number. The Occupational Safety and Health Administration (OSHA) developed the Worksheet for Determining the “Applicability of the Process Safety Management of Highly Hazardous Chemicals Standard (PSM) to an Establishment” for State On-Site Consultation program Consultants to apply before conducting a consultation visit, when there is reason to suspect that a process(es) in the workplace is subject to the standard.

In accordance with 29 CFR 1908.6(h)(1) and (2), Consultants must preserve the confidentiality of information obtained as a result of a consultative visit, including information that contains or might reveal a trade of secret of the employer.

OSHA estimates that a Consultant will take an average of 2 hours to use the worksheet to assess workplace processes and determine if the PSM standard applies to an establishment.

A determination that the PSM standard applies to a process in a workplace will enable the Consultant to gather appropriate safety and health information before a consultation visit and be adequately prepared to provide technical assistance to the employer during the on-site evaluation.

Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Small Business Assistance, Occupational Safety and Health Administration, Room N-3660, 200 Constitution Avenue, NW, Washington, DC 20210.

Appendix L-3: Determining the Applicability of the Process Safety Management Standard to an Establishment

1. Chemical Inventory Table: Gather Information on the chemicals used at the establishment.

List of Chemicals1 Used at the Establishment covered by the Process Safety Management (PSM) Standard, 29 CFR 1910.119	Intended Inventory (according to the employer; 29 CFR 1910.119(d)(2)(i)(C))	Specify OSHA threshold quantity	Quantity of Chemical at Establishment	Where in the Process is the Chemical Used?	Comments

2. Review Any Claimed Exemptions such as:

• Retail facilities (29 CFR 1910.119(a)(2)(i));

• Oil or gas well drilling or servicing operations (29 CFR 1910.119(a)(2)(ii);

• Normally Unoccupied Remote Facilities – NURF Decision (i.e., OSHA Letter of Interpretation, Evaluation of scenarios regarding PSM requirements related to normally unoccupied remote facilities and natural gas processing plants (gas plant), February 16, 2005; 29 CFR 1910.119(a)(2)(iii));

• Aggregations (i.e. OSHA Letter of Interpretation, Remote distance, close proximity and other PSM questions, February 15, 1994);

• Hydrocarbon fuels used solely for workplace consumption as a fuel if such fuels are not part of a process containing another highly hazardous chemical covered by 29 CFR 1910.119(a)(1)(ii)(A);

• Flammable liquids with a flashpoint below 100^oF (37.8^oC) stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit of chilling or refrigeration - MEER Decision (i.e., OSHA Letter of Interpretation, OSHA enforcement policy of the PSM standard distilleries and related facilities in SIC 2085, March 14, 2003; 29 CFR 1910.119(a)(1)(ii)(A)&(B));

• Appropriations exemptions (farming, employer size) – Enforcement Exemptions and Limitations under the Appropriations Act, CPL 02-00-051; and

• Distillery exemption (OSHA Letter of Interpretation, OSHA enforcement policy of the PSM standard distilleries and related facilities in SIC 2085, March 14, 2003).

Findings:

3. Review PSM Guidance in Applicable OSHA Enforcement Memos (see: www.osha.gov/enforcement; select the Enforcement Memos tab).

Findings:

4. Verify PSM Applicability – Provide details on the scope and applicability of the PSM standard to the establishment.

Findings:

1 Chemicals listed in 29 CFR 1910.119, Appendix A, at or above the threshold quantity set by OSHA; or a flammable liquid or gas in a quantity of 10,000 pounds or more; or used in the manufacture of explosives or pyrotechnics as defined in 29 CFR 1910.109.