Division of Labor and Industry


MOSH Instruction 09-09 - Maryland Occupational Safety and Health (MOSH) Instructions

Subject: PSM Covered Chemical Facilities NEP
Effective Date: October 26, 2009
Issuance Date: May 3, 2010
Expiration Date: October 25, 2010
Purpose: This instruction provides guidelines for using OSHA's dynamic list (s) of questions (referred to in CPL 02-09-06 as the dynamic list) when conducting inspections in facilities with highly hazardous chemicals (HHCs) in amounts at or greater than the threshold quantities listed in 1910.119 that are in the following 5 categories: PSM General, Ammonia Refrigeration, Water and/or Wastewater Treatment, Storage, and Chemical Processing. The Directorate of Enforcement Programs (DEP) will periodically change the questions on the dynamic lists.
Scope: This instruction applies MOSH-wide
References: OSHA Instruction, Directive CPL 02-09-06 PSM Covered Chemical Facilities National Emphasis Program
Contact: Chief of MOSH Compliance Services
312 Marshall Avenue, Room 602
Laurel, Maryland 20707
(410) 880-4886 x312
By and Under the Authority of: Roger Campbell, Assistant Commissioner


This instruction provides guidance to MOSH compliance personnel for implementing the use of OSHA's dynamic lists when conducting programmed planed or unprogrammed inspections in PSM covered facilities. Prior to the effective date of this instruction MOSH did not have a PSM emphasis program or an inspection procedure.


  1. Compliance and Consultation supervisors shall ensure compliance with Paragraph X. Sections D., E. and H. of OSHA Instruction, Directive Number CPL 02-09-06 - PSM Covered Chemical Facilities National Emphasis Program, July 27, 2009.
  2. Supervisors shall ensure that this instruction is reviewed with all compliance officers.
  3. Supervisors shall evaluate all programmed and unprogrammed inspection activity that may involve an application of the PSM standard prior to assignment to a CSHO.
  4. Supervisors shall ensure the use of current Chemical NEP Dynamic Lists maintained at the OSHA Intranet website, for PSM facilities covered by this instruction.
  5. This instruction will expire one year after date of issue.

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings

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