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Occupational Safety and Health Administration › Process Safety Management

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Conn Maciel Carey LLP

[Webinar] Process Safety Update: The Latest with OSHA's PSM Standard, EPA's RMP Rule, the Chemical Safety Board, and their...

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After years of stagnation, we’ve finally seen movement on updating process safety regulations during the Biden administration. But the revamped PSM standard and RMP rules have yet to see the light of day. We’ll discuss when...more

Conn Maciel Carey LLP

OSHA Releases a New Process Safety Management “Enforcement Manual”

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For a relatively quiet 2023, 2024 is starting off with a bang. While we are keeping our eyes and ears open on these and any other relevant developments, we wanted to provide a summary of the key highlights from Fed OSHA’s new...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Updates Its Process Safety Management of Highly Hazardous Chemicals Instruction

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On January 26, 2024, the Occupational Safety and Health Administration (OSHA) issued its updated Process Safety Management of Highly Hazardous Chemicals Instruction, providing enforcement guidance related to compliance with...more

Cozen O'Connor

OSHA Updates Process Safety Management Enforcement Manual

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On January 26, 2024, OSHA published a revised enforcement manual for Process Safety Management of Highly Hazardous Chemicals (“Manual”). The Manual reflect OSHA’s first revisions to its prior directive issued in 1994 which is...more

Jackson Lewis P.C.

Will Trend Of Favorable Decisions From Occupational Safety And Health Review Commission Last?

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The Occupational Safety and Health Review Commission (OSHRC) has issued three new decisions that appear to continue a favorable trend. On December 31, 2020, the quasi-judicial body overseeing enforcement actions by the...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: An OSHA PSM Case, State Litigation Unmoved, New EPA Funding and Special Safety Standards for New Passenger Rail

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This roundup of recent environmental and regulatory law rulings and rulemakings includes an EPA deadline extended, a NEPA exclusion and PSM application upheld, and an unsuccessful appeal to the federal officer removal...more

Bracewell LLP

10th Circuit expands PSM coverage

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The Tenth Circuit Court of Appeals (covering Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah) issued an opinion on Tuesday (10/27/2020) that expands the applicability of OSHA’s process-safety-management standard to...more

Jackson Lewis P.C.

Federal Appeals Court Deals Blow To OSHA’s Ability To Cite Repeat Violations

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On Tuesday, October 27, 2020, the U.S. Court of Appeals for the Tenth Circuit issued a long- awaited decision in Sec’y of Labor v. Wynnewood Refining Co., LLC. That case originated in 2012 when OSHA inspected the company...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Process Safety Management/OSHA Enforcement: Philadelphia, Pennsylvania Refinery Cited for Alleged Violations

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The Occupational Safety and Health Administration (“OSHA”) issued a January 17th news release stating that Philadelphia Energy Solutions (“PES”) has been cited for violations of safety and health hazards related to process...more

ArentFox Schiff

OSHRC Decision in Wynnewood Dramatically Expands Scope of PSM Standard

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Recently, the Occupational Safety and Health Commission (OSHRC or Commission) issued a decision in Secretary of Labor v. Wynnewood Refining Co., LLC (Wynnewood) that constitutes a dramatic expansion of the Occupational Safety...more

ArentFox Schiff

Properly Evaluating an OSHA Citation: Should You Contest the Citation?

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For the last thirty years, I have defended companies in OSHA enforcement actions. No matter how large or small the action, employers should always begin by evaluating the potential financial impact the OSHA citation could...more

Beveridge & Diamond PC

EPA Proposes to Rescind RMP Provisions Amended Under Obama Administration, Seeks Comments

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On May 30, 2018, the U.S. Environmental Protection Agency (EPA) published a proposed rule (Proposed Rule) that would rescind the majority of the amendments to the RMP rule that were finalized in January 2017 in the final days...more

Jackson Lewis P.C.

PSM “Retail Exemption” In Farm Bill May Fall Victim To Politics

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In an April 30th memorandum to Regional Administrators, Tom Galassi (Director for OSHA’s Directorate of Enforcement Programs) announced that OSHA’s process safety management (PSM) standard, which establishes requirements for...more

Beveridge & Diamond PC

Washington OSHA Issues Draft PSM Rule for Refineries

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The Washington Department of Labor and Industries’ Division of Occupational Safety and Health (DOSH) recently released a new draft safety rule that would increase existing Process Safety Management (PSM) requirements for...more

Seyfarth Shaw LLP

OSHA Releases PSM Guidance for Explosives and Pyrotechnics Manufacturing and for Storage Facilities

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Seyfarth Synopsis: New OSHA guidance documents may provide employers in these industries with another tool for carefully measuring compliance with the PSM standards....more

Beveridge & Diamond PC

EPA Stays RMP Rule Amendments and Grants Petition for Reconsideration

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The U.S. Environmental Protection Agency has stayed the implementation of a significant revision of the Risk Management Program (RMP) rule pending the receipt of additional comments. Simultaneously, EPA has granted a request...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA’s New Chemical NEP: Serious Violations Preferred and EPA Referrals Encouraged

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On January 17, 2017, the outgoing administration left one last gift for the Process Safety Management (PSM) community: a new national emphasis inspection program. As the compliance directive notes, “Any violation of the PSM...more

Beveridge & Diamond PC

EPA Releases Final RMP Amendments, Awaits Response of New Administration

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The U.S. Environmental Protection Agency has released a final rule updating the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section112(r)(7) risk management planning program. ...more

Seyfarth Shaw LLP

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a...

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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....more

BakerHostetler

Regulated Industry Successfully Challenges New OSHA Process Safety Management Enforcement Policies

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On September 23, 2016, the D.C. Court of Appeals ruled that the Occupational Safety and Health Administration (OSHA) wrongfully adopted new safety requirements for fertilizer dealers who have to comply with the Process Safety...more

Alston & Bird

CSB Report calls for Preventative Inspections at Petroleum Refineries, Bolstering EPA and OSHA Efforts

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Earlier this month, the U.S. Chemical and Safety Hazard Investigation Board (CSB) issued a report calling for preventative inspections at petroleum refineries to prevent accidents and injuries. The report highlights the...more

Conn Maciel Carey LLP

OSHA Settles Legal Challenge to Process Safety Management Chemical Mixtures Enforcement Memo

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In March 2015, the U.S. Supreme Court issued its decision in the closely watched Perez v. Mortgage Bankers. The Court’s decision killed a longstanding doctrine, set by the D.C. Circuit, that changes to federal agency rules,...more

Beveridge & Diamond PC

EPA Issues Proposal to Amend RMP Rule

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The U.S. Environmental Protection Agency (EPA) has released a long awaited proposal to update the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section 112(r)(7) risk management...more

Williams Mullen

Environmental Notes - January 2016

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Dominion Virginia Power (Dominion) operates a coalfired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

Williams Mullen

OSHA Extends Process Safety Management Standard Compliance Date for Bulk Chemical Distributors

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OSHA has come full circle…almost. In a December, 2015 revised interim enforcement memorandum, the agency indicated it will not enforce the Process Safety Management (PSM) Standard for “highly hazardous chemicals” (HHC)...more

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