PSM STANDARD – Recent Fifth Circuit opinion limits OSHA's power to issue citations for failing to address PHA and audit findings.
PSRG Inc. will hold a special PSM/RMP Forum Luncheon Series from January 18, 2017 to February 22, 2017 in various locations. You are cordially invited to attend the program that is most convenient for you. There is no fee to attend this event. A complimentary buffet lunch will be provided.
After more than three years of review and iterations on proposed modifications to the RMP Rule (40 CFR 68), EPA announced on December 21 the long-awaited FINAL RULE. The 372-page final rule bolsters new requirements for third party audits, incident investigations, emergency preparedness and response, and information sharing which will affect every covered facility.
In a recent decision, the Fifth Circuit vacated OSHA citations issued to Delek Refining Co. in 2008 for the alleged failure to correct PHA and audit findings that had been conducted by the prior owner of the facility prior to its acquisition by Delek. The PHAs at issue were completed in 1994, 1998, 1999, and 2004, and the audits dated back to 2001 and 2004. In vacating the citation items, the Court unanimously rejected OSHA's argument that the alleged failures were continuing violations that extended the six month statute of limitations contained in the OSH Act.
The guest speaker will be Mr. Mark S. Dreux, a nationally recognized expert attorney in occupational safety and health law and partner at Arent Fox LLP in Washington, DC. Mr. Dreux's presentation will discuss the EPA's new RMP Rule, how it impacts your business, and the necessary steps and timeline to comply.
PSRG Inc. will hold a special PSM/RMP Forum Luncheon Series from January 18, 2017 to February 22, 2017 in various locations. You are cordially invited to attend the program that is most convenient for you. There is no fee to attend this event. A complimentary buffet lunch will be provided.
After more than three years of review and iterations on proposed modifications to the RMP Rule (40 CFR 68), EPA announced on December 21 the long-awaited FINAL RULE. The 372-page final rule bolsters new requirements for third party audits, incident investigations, emergency preparedness and response, and information sharing which will affect every covered facility.
In a recent decision, the Fifth Circuit vacated OSHA citations issued to Delek Refining Co. in 2008 for the alleged failure to correct PHA and audit findings that had been conducted by the prior owner of the facility prior to its acquisition by Delek. The PHAs at issue were completed in 1994, 1998, 1999, and 2004, and the audits dated back to 2001 and 2004. In vacating the citation items, the Court unanimously rejected OSHA's argument that the alleged failures were continuing violations that extended the six month statute of limitations contained in the OSH Act.
The guest speaker will be Mr. Mark S. Dreux, a nationally recognized expert attorney in occupational safety and health law and partner at Arent Fox LLP in Washington, DC. Mr. Dreux's presentation will discuss the EPA's new RMP Rule, how it impacts your business, and the necessary steps and timeline to comply.
