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 Brent I. Clark and Craig B. Simonsen
Seyfarth Synopsis: New OSHA guidance documents may provide employers in these industries with another tool for carefully measuring compliance with the PSM standards.
OSHA recently released guidance documents on Process Safety Management for Explosives and Pyrotechnics Manufacturing (PSM Explosive Pyrotechnics Guidance) (OSHA 3912-03 2017), and the Process Safety Management for Storage
Continue Reading OSHA Releases PSM Guidance for Explosives and Pyrotechnics Manufacturing and for Storage Facilities
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 Benjamin D. Briggs, Adam R. Young, and Craig B. Simonsen
Seyfarth 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 Andrew H. Perellis and Craig B. Simonsen
The 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
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 Mark A. Lies II and Ilana R. Morady
As most employers are aware, OSHA inspections typically involve a request for the employer to produce certain documents. In many cases, employers are unsure of what documents the compliance officer is entitled to see and copy. Employers can also be unsure of how long to retain certain documents required under OSHA.
Continue Reading OSHA-Related Documents: Creation And Retention