OSHA issued an updated Enforcement Policy to clarify the retail exemption in its Process Safety Management standard. In light of the 2016 DC Circuit Court of Appeals decision in ARA v. Dep’t. of Labor, OSHA’s new PSM enforcement policy clearly exempts specific NAICS codes from PSM, including NAICS code 424910—Farm Supplies Merchant Wholesalers.
Despite being exempt from PSM, the policy states that businesses in the specified NAICS codes are expected to continue to comply with other applicable OSHA standards such as, storage of ammonium nitrate (29 CFR 1910.109(i)), storage and handling of anhydrous ammonia (29 CFR 1910.111), hazardous communications (29 CFR 1910.1200), and others.
This most recent policy from OSHA should bring certainty the industry that ag retailers are not subject to PSM, since all previous OSHA guidance on the PSM retail exemption have been archived. ARA will continue to advocate for language in the Farm Bill to make the retail exemption permanent in statute and prevent future administrations from attempting to subject ag retailers to PSM in the future.
Read the full document here.