Most of the letters of interpretation issued by OSHA over the years have dealt with PSM applicability issues. However, this newsletter will focus on several interpretations dealing with pre-startup safety review (PSSR). There has been very little interpretative guidance by OSHA in the area of PSSR.

Most facilities have combined the PSSR element with management of change. Although the triggers for performing a PSSR and MOC are different (for PSSR the change to the process must alter the PSI; for MOC the change to the process must be other than replacement-in-kind), there are very few changes in a PSM-covered process that would not require both PSSR and MOC. Therefore, most site procedures for managing change have combined these two elements. However, it is not mandatory that they be combined, and OSHA has not issued any written or verbal guidance that suggests that they should be combined.

Interpretations of PSM Standard With Respect to Pre-Startup Safety Review

Question: When must the PSI from a modification of the process be updated?
Answer: For equipment that has been modified to the extent that a change to the process safety information is required, the employer must ensure that the process safety information has been modified prior to startup. [OSHA Instruction CPL 2-2.45A CH-1 9-13-94]

Question: What does “…equipment is in accordance with design specifications mean?”
Answer: The employer is responsible for ensuring that process equipment meets design specifications prior to startup. [OSHA Instruction CPL 2-2.45A CH-1 9-13-94] Editor’s note: this provision of the PSM regulation, paragraph (i)(2)(i) has also been interpreted to mean that the PSSR should confirm that the installation conforms to the approved design of the project.

Although verbal interpretations have no official standing and federal employees rarely speak for attribution, there have been a number forums following the adoption of the PSM Standard where OSHA representatives have made themselves available to speak about PSM and to answer questions. These verbal interpretations contain some interesting information on OSHA’s thinking (or at least the thinking of the person answering the question). Also, OSHA has published guidance on PSM issues in OSHA Publication 3133 (the “purple booklet”). This guidance is also unofficial and is not mandatory. The following clarification published in OSHA 3133 is pertinent to PSSR:

• Any incident investigation, compliance audit, and PHA recommendations must be reviewed to determine their affect prior to startup.

To see a specific letter or other interpretive document published by OSHA, visit OSHA’s website at http://www.osha-slc.gov/OshDoc/toc_interps.html. 

As a service to our clients and readers, AcuTech has included many of these documents, including the letters of interpretation discussed above, in a continuous Word® file. This file allows for easier searching for keywords that might be of interest and makes it easier to determine if an interpretative document has been published on a particular topic or if any of them address a specific PSM-related issue. 

Note to our readers who have downloaded or used the interpretations file in the past: This file has been updated and now includes interpretations from the OSHA regulations that form the requirements for an emergency response plan, including alarm system and HAZWOPER training requirements. The updated file may be found at http://www.acusafe.com/psm/process-safety-management-interp_letters.html 

In the next month’s issue of the AcuSafe newsletter, we will include additional discussions of interpretations related to compliance audits. 

If you have an interpretation that you would like to share with AcuSafe or feedback about this feature, please email us at editor@acusafe.com.  To go back to the OSHA Interpretations Feature Index, click here or go back to AcuSafe.