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 and Craig B. Simonsen

iStock_000042612884_MediumSeyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection.

A District Court Magistrate Judge recently recommended that the Court quash a warrant “improvidently granted” to OSHA to expand an accident investigation into a broader
Continue Reading Federal Magistrate Finds OSHA Warrant to Expand Incident Inspection “Improvidently Granted”

By Brent I. Clark and Ilana R. Morady

iStock_000009254156LargeSeyfarth Synopsis: The proposed MSHA rule would require mine operators to examine their mines and to notify miners of dangerous conditions.

MSHA announced today that it has formally submitted a proposed mine examination rule for publication in the June 8, 2016 Federal Register.  81 Fed. Reg. 36818.

The proposed
Continue Reading MSHA Announces Proposed Rule on Mine Examinations

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 Alexander J. Passantino, Richard L. Alfred, Loren Gesinsky, James L. Curtis, and Meagan Noel Newman

In anticipation of a long, stormy winer, Seyfarth Shaw has prepared a Client Alert to help employers navigate wage & hour issues arising from potential closures, as well as workplace safety issues related to severe winter weather.

In the wake
Continue Reading Winter Storms: Helping Employers Anticipate Wage & Hour and Workplace Safety Concerns

By James L. Curtis and Craig B. Simonsen

The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rulemaking (ANPR) intended to “mature” the Chemical Facility Anti-Terrorism Standards (CFATS) program, and to identify ways to make the program more effective in achieving its regulatory objectives. 79 Fed. Reg. 48693 (August 18, 2014).

The CFATS program was intended
Continue Reading DHS Proposing to “Mature” Chemical Facility Anti-Terrorism Standards Program

By Jeryl L. Olson and Craig B. Simonsen

The U.S. Environmental Protection Agency, in response to Executive Order 13650, Improving Chemical Facility Safety and Security (EO), is publically, through a Federal Register notice, requesting public comments on “potential revisions” to its Risk Management Program. 79 Fed. Reg. 44604 (July 31, 2014).

This request is part of an effort highlighted in
Continue Reading EPA Request for Information on Clean Air Act Accidental Release Prevention Program

By James L. Curtis and Craig B. Simonsen

Representatives from the U.S. Environmental Protection Agency, the Occupational Safety and Health Administration, and the Department of Homeland Security spoke today at the Air and Waste Management Association’s Annual Conference, on their  collaboration on chemical facility safety and security.

The conference session speakers included Mathy Stanislaus, EPA’s Office of Solid Waste
Continue Reading EPA, OSHA, and DHS are Collaborating on Chemical Facility Safety and Security

By James L. Curtis and Craig B. Simonsen

The U.S. Environmental Protection Agency, the U.S. Department of Labor, and the Department of Homeland Security recently published their first joint Report for the President, “Actions to Improve Chemical Facility Safety and Security – A Shared Commitment.” June 6, 2014.

The Report was issued after recent catastrophic chemical facility incidents
Continue Reading Federal Report on “Actions to Improve Chemical Facility Safety and Security – A Shared Commitment”

By Philip L. Comella

In a just-issued Federal Register notice, EPA states that it is making available a proposed framework for identifying and evaluating lead-based paint hazards from renovation, repair and painting activities in public and commercial buildings.

This proposed framework, in contrast to the approach the agency took with regard to target housing (i.e., housing constructed before 1978)
Continue Reading EPA is Considering Scenario-Specific Approach for Lead-Based Paint Hazards in Public & Commercial Buildings