Effective November 29, 2011 the U.S. Department of Labor, Occupational Safety and Health Administration (“OSHA”) published directive number CPL 03-00-014 regarding Process Safety Management (“PSM”) of Highly Hazardous Chemicals (which are identified on a list found in Appendix A of 29 CFR 1910.119).  This directive covers chemical facilities and it is intended to reduce or eliminate the workplace hazards associated with the catastrophic release of highly hazardous chemicals.  Under the directive, there will be both programmed and unprogrammed inspections of facilities which “will begin immediately in all regions.”  (See Directive Executive Summary, Abstract-2).

There are two categories of Covered Chemical Facilities (“CCFs”) that have been delineated by OSHA.  The first CCF category consists of facilities that are likely to have ammonia used for refrigeration as the only highly hazardous chemical, and the second CCF category consists of “all other facilities.”  Accordingly, if a client is engaged in the chemical industry with a “process safety management covered process” they should anticipate being inspected.

Programmed inspections will be conducted in facilities that are known to OSHA as having a risk of catastrophic releases.  Unprogrammed inspections will also take place in other CCFs described in the directive; however, the National Emphasis Program does not apply to petroleum refineries.  The scope of this notice is OSHA-wide.

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