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 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”
By James L. Curtis and Craig B. Simonsen
The Occupational Safety and Health Administration (OSHA) recently announced a new National Emphasis Program (NEP) for chemical facilities. The NEP is intended to protect workers from catastrophic releases of highly hazardous chemicals. The NEP replaces OSHA’s 2009 pilot Chemical Facility National Emphasis Program (Pilot Program) which established policies and procedures for inspecting…
Continue Reading OSHA National Emphasis Program for Chemical Facilities
By Mark A. Lies II and Elizabeth Leifel Ash
Under the Obama Administration, many federal agencies, including the Occupational Safety and Health Administration (OSHA) and the U.S. Environmental Protection Agency (EPA) have redoubled their efforts to enforce existing laws and regulations. OSHA and EPA, in particular, have seen significant increases in their inspection and enforcement budgets, including the hiring of…
Continue Reading Environmental And Workplace Safety Audits: Creating And Preserving Legal Privileges
