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By Benjamin D. Briggs, Adam R. Young, and Craig B. Simonsen

bottleSeyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard.

The U.S. Court of Appeals for the District of Columbia Circuit recently ruled against OSHA on…
Continue Reading DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a “Standard” Subject to Rulemaking Process

By James L. Curtis, Adam R. Young, and Craig B. Simonsen

iStock_000011623330_MediumSeyfarth Synopsis: U.S. Chemical Safety Board offers recommendations and best practices for chemical facilities regarding emergency planning and response programs.

The U.S. Chemical Safety Board (the “Board”) is an independent federal agency charged with investigating significant chemical accidents. According to the Board, inadequate or poor emergency…
Continue Reading U.S. Chemical Safety Board Provides Recommendations to Upgrade Employers’ Emergency Planning and Response Programs

By Brent I. Clark, Adam R. Young, and Craig B. Simonsen

iStock_000011623330_MediumThe Occupational Safety and Health Administration has recently released a draft Guidance on Data Evaluation for Weight of Evidence Determination: Application to the 2012 Hazard Communication Standard.

We had previously blogged about OSHA’s 2012 Hazard Communication Standard (HCS), including an Enforcement Guidance,  and a Directive …
Continue Reading Hazard Communication Update: OSHA Releases Draft Guidance on “Data Evaluation for Weight of Evidence Determination”

By Mark A. Lies, II, Patrick D. Joyce, and Adam R. Young

Safety at workINTRODUCTION

The New Year is here and with that comes yet another year of enhanced OSHA enforcement and new OSHA regulations. Further, due to the upcoming end of President Obama’s time in office , questions exist as to whether OSHA will continue with its aggressive agenda

…
Continue Reading What To Expect From OSHA In 2016 And Beyond …

By Patrick D. Joyce, Philip L. Comella, and Craig B. Simonsen

bottleThe U.S. Senate yesterday passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Chemical Safety Act).

Sen. David Vitter (R-La.), in an announcement, indicated that the legislation creates a “predictable and transparent federal system to regulate the safety of chemicals based on the latest…
Continue Reading Senate Passes Long Awaited Chemical Safety Bill

By Patrick D. Joyce, Jeryl L. Olson, and Craig B. Simonsen

shutterstock_178475264The U.S. Environmental Protection Agency this week released a pre-publication copy of a proposed rule on pharmaceutical hazardous wastes in healthcare and related industries that will significantly affect our healthcare clients. 80 Fed. Reg. 58014 (Sept. 25, 2015).

Under the proposed rule, aimed at hospitals, clinics, nursing…
Continue Reading EPA Says “Stop” – Don’t Dump Those Drugs Down the Drain

By Andrew H. Perellis and Craig B. Simonsen

Power Lines and Pulp Mill PollutionThe U.S. Government Accountability Office (GAO) has just issued a report on Critical Infrastructure Protection with a finding that Department of Homeland Security (DHS) action is needed to verify chemical facility information and to better manage its compliance process. Report to Congress, GAO-15-614 (July 2015).

Risk Level for Facilities

The Report states…
Continue Reading DHS Chemical Facilities Take Note GAO Suggested Need For Enhanced Enforcement

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

iStock_000060649768MediumOSHA has just announced a compliance Directive on “Inspection Procedures for the Hazard Communication Standard,” CPL 02-02-079 (July 9, 2015).

We had previously blogged that June 1, 2015 was the deadline for compliance with the all new hazardous communication (HazCom) standard (29 CFR section 1910.1200) (HCS 2012)…
Continue Reading OSHA Directive on Inspection Procedures for the Hazard Communication Standard

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

bottleThe Occupational Safety and Health Administration issued yesterday an enforcement memo (Memo) and an interim policy (Policy) on the PSM retail exemption.

Tho Memo revised OSHA’s interpretation of the exemption of retail facilities from coverage of the Process Safety Management of Highly Hazardous Chemicals (PSM) standard (29 CFR …
Continue Reading OSHA Enforcement Memo and Interim Policy on the Process Safety Management Retail Exemption

By Patrick D. Joyce and Craig B. Simonsen

Blog - Fracking WaterThe U.S. Environmental Protection Agency released a draft assessment study last week showing that hydraulic fracturing (“fracking”) activities in the U.S. may have potential impacts on the water lifecycle, affecting drinking water resources. 80 Fed. Reg. 32111 (June 5, 2015).

The report, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil …
Continue Reading EPA Finds Low Potential Impacts on Drinking Water from Hydraulic Fracturing