For a small agency, a lot happened at the U.S. Chemical Safety and Hazard Investigation Board (the CSB) last year – and not all related to the COVID-19 pandemic. For example, the CSB promulgated an accidental release reporting rule, requiring employers to report certain chemical incidents to the CSB. Although the rule went into effect last Spring, the CSB set a 1-year enforcement “grace period” to allow time for the regulated community to become familiar with the rule, and for the Agency to develop guidance about the new rule. With the grace period ending later this month, on March 23, 2021, it is critical for employers to understand their new compliance obligations.
In addition, with expired terms, early departures, and the swearing in of a new Chairperson (but no other Board members), the CSB’s Board became a “quorum of one” for the first time, begging questions about its authority to vote on mission-critical work product, such as investigation reports, and its ability to conduct the agency’s business. Although Pres. Biden will likely nominate new Board Members, the Senate confirmation process can be a slog, meaning the CSB may maintain a quorum of one for an extended period.
Participants in this webinar learned about: Continue reading