June 3, 2020
PSM Compliance Audits: Best Practice or Regulatory Requirement?
Michael Taylor, Esq, Greenberg Traurig
The PSM standard requires employers to certify that they have evaluated compliance at least every three years and retain the two most recent compliance audit reports. When conducting a PSM inspection, OSHA will ask for a copy of the two most recent compliance audit reports. OSHA will attempt to use one or both compliance audit reports as a basis for issuing citations and penalties, particularly if a finding has yet to be corrected. It is crucial, therefore, that a compliance audit report contain findings of violations of the PSM standard, not findings of non-compliance with best practices in the industry. Yet leading PSM experts throughout the country continue to mistakenly equate best practices with findings of non-compliance with the PSM standard, which can expose an employer to a significant legal risk. This presentation will discuss how to minimize that risk and at the same time uncover both findings of noncompliance and best practices.