PSM - Prescriptive Regulation vs. Performance Standard. Did OSHA get it right?

​Many MIOSHA/OSHA Standards are prescriptive.  They provide detail about the actions that must be taken and the documentation that must be maintained.  In this way, OSHA tells us (the employer) exactly what has to be done.

But then we complain, we gripe, we grumble.  We ask, “Why do we have to keep all these records?  Why do we have to do an inspection every week?  We have a small shop, this regulation is too cumbersome.  It should only apply to a big company with lots of employees and complicated manufacturing processes.” ​

So, OSHA listened.  Because One Size Doesn’t Fit All, the Agency developed Performance Standards.  Performance Standards are not prescriptive, they don’t tell us exactly what to do.  Instead they identify what we need to achieve.  The PSM Standard (29 CFR 1910.119) is one such Standard.

Performance Standards don’t list out all the steps of a procedure.  They just tell you that you must have a procedure and you need to decide how much information to include in it.  They don’t tell you that you have to conduct weekly inspections, instead they require periodic inspections, and you have to determine the appropriate frequency. 
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So, we got what we wanted; and yet we still complain.  We complain that the regulation isn’t clear.  We ask questions like what does periodic mean?  What steps are supposed to be included in a procedure?  (Answers provided in Answer Box).  We complain that the Agency didn’t tell us what they want! 

Additional Help
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When reading regulations, be sure to check Appendices, OSHA interpretation letters and even the preamble to the Federal Register for good guidance on what the regulation is calling for. ​

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Answer Box 

What steps are supposed to be included in a procedure?  

​There are some varying schools of thought to the answer to this question but a simple approach is to provide enough detail that a new, but trained, employee can accomplish the task alone.  The best procedures tend to be brief, readable and accurate.

OSHA wants employers to provide a workplace that is safe for employees.
 
But because One Size Does Not Fit All, the agency expects you to spend some time and think about how best to achieve a safe working environment and to implement safety precautions that work for your operations.  They don’t want to inhibit your operations, but they do want you to work safely. 
 
So it is up to each employer, EHS department, manager, supervisor and safety team, to implement and enforce a safety program so that it becomes part of the company’s culture.

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