By Jeryl L. Olson, Ilana R. Morady, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law, including provisions for adding certain per- and polyfluoroalkyl substances (PFAS) to the EPA’s Toxic Release Inventory (TRI) list of reportable chemicals under
Continue Reading NDAttention – National Defense Authorization Act (NDAA) Adds Per- and Polyfluoroalkyl Chemicals to TRI
By Jeryl L. Olson, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: EPA, in an Advance Notice of Proposed Rulemaking, requests comments on adding certain per- and polyfluoroalkyl substances (PFAS) to the TRI chemical list.
The U.S. Environmental Protection Agency (EPA) has asked industry stakeholders to provide comments on a proposal to add per- and polyfluoroalkyl
Continue Reading EPA Advance Notice of Proposed Rulemaking on Per- and Polyfluoroalkyl Chemicals
By James L. Curtis, Brent I. Clark, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration we anticipate that OSHA is likely to pivot away from the enforcement heavy agenda to a more business friendly agency.
As we try to anticipate the President-Elect
Continue Reading What to Expect From OSHA in a President-Elect Trump Administration
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
The 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 Brent I. Clark and Craig B. Simonsen
OSHA has just published a Standard Interpretation (Interpretation) to provide guidance on the enforcement of the Process Safety Management (PSM) Standard’s “recognized and generally accepted good engineering practices” (RAGAGEP) requirements, including how to interpret “shall” and “should” language in published codes, standards, published technical reports, recommended practices, and similar documents.
By Mark A. Lies, II, James L. Curtis, and Craig B. Simonsen
In a decision last week, the Occupational Safety and Health Review Commission (OSHRC) found that the six month statute of limitations for OSHA to cite an employer does not apply to Process Safety Management (PSM) violations that present a continuing hazard. Secretary of Labor v. Delek
Continue Reading OSHRC Rules Process Safety Violations NOT Barred By OSHA’s Six Month Statute of Limitations
By Brent I. Clark and Kerry M. Mohan
In a continued report from last week’s ABA Occupational Safety and Health Law Meeting in Naples, Florida. On Wednesday the Assistant Secretary of Labor for OSHA, Dr. David Michaels, addressed OSHA’s policy issues and enforcement.
Dr. Michaels reiterated OSHA’s goal to issue a silica standard, which he hopes will be finalized
Continue Reading Update from the ABA OSHA/MSHA Conference
By James L. Curtis and Craig B. Simonsen
In response to an August 1, 2013 Executive Order 13650, OSHA has requested comments (78 Fed. Reg. 73756) on potential revisions to its Process Safety Management (PSM) standard, its Explosives and Blasting Agents standard, its Flammable Liquids standard, its Spray Finishing standard, and potential changes to its PSM enforcement policies.
Continue Reading OSHA Request for Information on “Modernization” of its PSM Standard
By James L. Curtis, Jeryl L. Olson, and Craig B. Simonsen
OSHA has recently announced a new local emphasis program for health inspections of facilities known to have reported the use and “release” of chemicals defined by the U.S. Environmental Protection Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 as “toxic chemicals”.
Under EPCRA
Continue Reading New OSHA Emphasis Program For EPA Toxic Chemicals Release Reporting Industries
By James L. Curtis and Craig B. Simonsen
The U.S. Occupational Safety and Health Administration released its 2014 Budget Justification this week, indicating implementation of its new “weighted inspection system” to target the most serious hazards such as those found in refineries, trenching, shipbreaking, falls, chemical plants and industries that use crystalline silica, lead, and hexavalent chromium.
The Agency plans
Continue Reading OSHA 2014 Budget Justification Will Implement Its New “Weighted Inspection System”