June 6, 2019
OSHA Does Not Specify RAGAGEP - OSRC's Recent Decision in BP Products North America - Underscores that Point and More
Bob Gombar, Sr., Esq., BakerRisk
In an interpretation letter issued in March, 2000, OSHA explained that PSM is a 'performance oriented standard' and the 'employer has flexibility in complying with the requirement of PSM, Including [RAGAGEP]....OSHA does not specify or benchmark [any specific code of standard] as the only [RAGAGEP for dealing with a given engineering, inspection, or mechanical integrity situation]." Nevertheless, in the BP Products case, OSHA specified that a specific engineering practice was the only RAGAGEP for dealing with a particular enginnering situation involving pressure relief valves. The Occupational Safety and Health Review Commission disagreed, stating that because the 'PSM standard is a performance-oriented standard...the most relevant source of RAGAGEP is the one on which the employer relied....'. This presentation will explore the importance of the OSHRC's BP Products decision on compliance with the PSM Standard.