Frequent Questions

Process that meets Program 1 requirements and Program 3 applicability

Program 3 applies to processes in certain NAICS codes as well as any process subject to the OSHA Process Safety Management (PSM) standard, unless the process is eligible for Program 1.  If a process meets the requirements of Program 1, but is also in NAICS code 32211 (one of those identified for Program 3 applicability), is that process subject to the Program 1 or Program 3 requirements?

The Program 1 eligibility criteria are found at 40 CFR §68.10(b). If a process meets the criteria for Program 1, that process is subject only to the Program 1 requirements, regardless of the applicable NAICS code or whether the process is subject to OSHA's PSM.  Program 3 requirements do not apply to processes which meet the Program 1 eligibility criteria (40 CFR §68.10(d)).

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