Court Denies Rehearing on Process Safety Management

This week, the District Court in Washington D.C. ruled unanimously to deny the petition by OSHA to revisit the Court's earlier decision that stopped OSHA from moving forward with the Process Safety Management (PSM) rule on ag retailers who store anhydrous ammonia.  This decision by the court ends the appeal process for OSHA, unless they Agency decides to appeal the decision to the US Supreme Court.  One possible thing OSHA could still consider is repealing their original letter in 1992 that removed ag retail facilities from the original PSM rule.  IFCA thanks the Ag Retailers Association and The Fertilizer Institute for all their efforts on this issue and for keeping us all informed.  

In looking at all of the ups and downs of PSM, the one element of the program that remains a good compliance tool is the Piping & Instrumentation Design (P&ID) sheet that illustrates the ammonia storage system, piping and appurtenances.  Ag retail facilities are still under OSHA jurisdiction, and if you have an accident where an employee is admitted to a hospital, OSHA will come out to see you.  The P&ID is a good document to have, because if an OSHA inspector shows up, it demonstrates that you have evaluated your ammonia storage system and documented its mechanical design and operation.  OSHA officers in Illinois have indicated to us that the P&ID is one of things that gives them a good sense of your overall level of compliance when it comes to your ammonia operations.  IFCA can assist you in obtaining a P&ID drawing of your ammonia system.  Just give us a call at (309) 827-2774.