Announcing Conn Maciel Carey LLP’s 2023 OSHA Webinar Series!

December 16, 2022December 16, 2022Eric J. Conn Leave a comment

ANNOUNCING CONN MACIEL CAREY LLP’S
2023 OSHA WEBINAR SERIES

Two years into the Biden Administration, with senior political leadership now firmly entrenched at federal OSHA, the agency is making good on its promise to “use all of the tools available” in its regulatory and enforcement toolbox to protect workers. In part, that has taken the form of increasingly aggressive enforcement (more inspections, more significant penalties, etc.), hiring more compliance officers, launching new special emphasis enforcement programs, and expanding its enforcement policies like its Severe Violator Enforcement Program. It has also taken the form of a broad-based rulemaking agenda that includes work on a new heat illness rule, pushing out a permanent COVID-19 standard for healthcare, expanding its E-Recordkeeping requirements, among other high priority rulemakings.

Accordingly, it is more important now than ever before for employers to stay attuned to developments at OSHA. To help you do so, Conn Maciel Carey LLP is pleased to present our complimentary 2023 OSHA Webinar Series, which includes monthly programs (sometimes more often, if events warrant) put on by the OSHA-specialist attorneys in the firm’s national OSHA Practice Group. The webinar series is designed to arm employers with the insight into developments at OSHA that they need during this period of unpredictability and significant change.

To register for an individual webinar in the series, click on the link in the program description below, or to register for the entire 2023 series, click here to send us an email request so we can get you registered. If you missed any of our programs over the past eight years of our annual OSHA Webinar Series, here is a link to a library of webinar recordings. If your organization or association would benefit from an exclusive program presented by our team on any of the subjects in this year’s webinar series or any other important OSHA-related topic, please do not hesitate to contact us.

2022 Year in Review and 2023 Forecast

Thursday, January 26th

Mid–Year Review of OSHA Developments

Thursday, July 20^th

Annual Cal/OSHA Update

Thursday, February 16^th

OSH State Plan Update

Thursday, August 10^th

Responding to Whistleblower Complaints

Tuesday, March 21^st

Powered Industrial Trucks

Thursday, September 14^th

Repeat, Willful, Egregious and SVEP

Thursday, April 13^th

Investigations and Audit Reports

Thursday, October 5^th

OSHA Rulemaking Update

Thursday, May 18^th

OSHA’s PSM Standard & EPA’s RMP Rule

Tuesday, November 14^th

Preparing for OSHA Inspections

Thursday, June 8^th

Combustible Dust

Thursday, December 7^th

See below for the full schedule with program descriptions,
dates, times and links to register for each webinar event.

Continue reading →

[Webinar] Process Safety Update: The Latest with OSHA PSM & EPA RMP

December 9, 2022Theresa Green Leave a comment

On Tuesday, December 13, 2022 at 1 p.m. EST, join us for a webinar in Conn Maciel Carey’s 2022 OSHA Webinar Series regarding a Process Safety Update: The Latest with OSHA PSM & EPA RMP.

Presented by:
Eric Conn, Micah Smith, and Beeta Lashkari
of Conn Maciel Carey’s OSHA Practice Group

And Special Guest Clyde Trombettas
(former head of Cal/OSHA’s PSM Unit)

Nearly two full years in, and the Biden Administration has been making its mark in the process safety arena, rolling back the rollbacks of the RMP Rule promulgated during the Obama Administration, and dusting off the PSM reform rulemaking that had begun at that same time. The CSB has also been changing the process safety landscape with new guidance about its Accidental Release Reporting Rule and other investigation activities.

We are also pleased to announce that we will be joined by a special guest co-presenter, Mr. Clyde Trombettas. Mr. Trombettas recently-retired from Cal/OSHA as the Program Manager for Cal/OSHA’s Process Safety Management Unit. He will be providing an update regarding Cal/OSHA’s PSM team, enforcement trends, and other PSM regulatory developments.

This process safety regulatory update will: Continue reading →

Process Safety Update: The Latest on EPA’s RMP and OSHA’s PSM Rulemakings

September 27, 2022September 27, 2022Beeta B. Lashkari Leave a comment

By Eric J. Conn, Micah Smith, and Beeta Lashkari

EPA RMP Public Hearing

This week, on September 26-28, 2022, EPA has been hosting virtual public hearings related to its Risk Management Program (RMP) rulemaking. Specifically, the hearings are addressing the RMP Safer Communities by Chemical Accident Prevention (SCCAP) proposed rule, which was signed by EPA Administrator Michael S. Regan on August 18, 2022, and proposes revisions to the RMP Rule to further protect vulnerable communities from chemical accidents, especially those living near facilities with high accident rates. Per the EPA, “The proposed rule would strengthen the existing program and includes new safeguards that have not been addressed in prior RMP rules.”

The virtual public hearings will provide the opportunity to present information, comments or views pertaining to the SCCAP proposed rule. In addition, EPA is accepting written comments during the public comment period, which closes on October 31, 2022.

For background, the RMP Rule has had a long and tortured rulemaking and litigation history. EPA amended the RMP Rule on January 13, 2017, in the final days of the Obama Administration, following President Obama’s Executive Order (EO) 13650, “Improving Chemical Facility Safety and Security,” which directed EPA and other federal agencies to modernize policies, regulations, and standards to enhance safety and security in chemical facilities. More details on the EO in the “OSHA PSM Stakeholder Meeting” section below.

EPA then received three petitions for reconsideration of the 2017 rule, and in December 2019, EPA issued a final rule reconsidering the changes made in January 2017. There are petitions for judicial review of both the 2017 amendments and the 2019 reconsideration rules. Specifically, the 2019 reconsideration rule challenges are being held in abeyance until October 3, 2022, by which time the parties must submit motions to govern, and the case against the 2017 amendments rule is in abeyance pending resolution of the 2019 reconsideration rule case.

So far as the SCCAP proposed rule is concerned, EPA issued a Continue reading →

U.S. Chemical Safety Board Issues Guidance to Clarify its Accidental Release Reporting Rule

September 19, 2022September 19, 2022Beeta B. Lashkari Leave a comment

By Beeta Lashkari, Eric J. Conn, and Micah Smith

Earlier this month, on September 1, 2022, the U.S. Chemical Safety Board (CSB) announced the release of a new guidance document about the agency’s still-relatively new Accidental Release Reporting Rule. The Accidental Release Reporting Rule, which went into effect in March 2020, requires owners and operators of stationary sources to report accidental releases that result in a fatality, a serious injury, or substantial property damage to the CSB within eight hours. Just a few months ago, the CSB published its first list of incidents that had been reported to the agency pursuant to the rule.

Of the new guidance document, CSB Interim Executive Steve Owens said:

“Our goal is to make sure that owners and operators report chemical releases to the CSB as required by law. While many companies already have been complying with the rule and submitting their required reports, this guidance should help resolve any uncertainties about the reporting requirement. If someone is unsure about what to do, they should report, rather than risk violating the rule.”

The new guidance has been a long time coming. Indeed, the agency Continue reading →

CSB Releases Accidental Release Reporting Rule Data

June 30, 2022July 1, 2022Beeta B. Lashkari Leave a comment

By Darius Rohani-Shukla and Beeta B. Lashkari

Last month, the Chemical Safety Board (“CSB”) published its first list of incidents that had been reported to the agency pursuant to its Accidental Release Reporting Rule.

The CSB’s Reporting Rule was published in the Federal Register on February 21, 2020, and took effect a month later, on March 23, 2020. As we previously reported, the rule requires that owners and operators of stationary sources report accidental releases that result in a fatality, serious injury, or substantial property damage to the CSB within eight hours. That accidental release report must indicate:

The name and contact information for the owner/operator;
The name and contact information for the person making the report;
The location information and facility identifier;
The approximate time of the accidental release;
A brief description of the accidental release;
An indication whether one or more of the following has occurred:

- (1) Fire;
- (2) Explosion;
- (3) Death;
- (4) Serious injury; or
- (5) Property damage.

Continue reading →

OSHA’s 2021 Year in Review and 2022 Forecast [Webinar Recording]

January 14, 2022Theresa Green Leave a comment

On January 12, 2022, the Partners in Conn Maciel Carey’s national OSHA Practice Group on presented the kickoff event in Conn Maciel Carey’s 2022 OSHA Webinar series. This first program of the year, as is tradition, was OSHA’s 2021 Year in Review and 2022 Forecast.

As we kickoff Year 2 of the Biden Administration, it is time to look back and take stock of what we learned from and about OSHA during the very eventful year that just concluded. And more importantly, it is time to look ahead and assess what to expect from OSHA now that OSHA’s full senior leadership team is in place and ready to put its stamp on the agency.

In this webinar, the Partners in Conn Maciel Carey’s national OSHA Practice Group reviewed OSHA enforcement, rulemaking, and personnel developments from 2021. We also discussed the top OSHA issues employers should monitor and prepare for in the New Year.

Participants in this webinar learned about: Continue reading →

Conn Maciel Carey’s 2022 OSHA Webinar Series

January 4, 2022January 5, 2022Theresa Green Leave a comment

ANNOUNCING CONN MACIEL CAREY’S
2022 OSHA WEBINAR SERIES

A full year into the Biden Administration, the senior leadership team at federal OSHA is set, the agency’s new regulatory agenda has been revealed, and the enforcement landscape has begun to take shape, revealing a dramatic shift in priorities, including stronger enforcement, higher budgets and more robust policies protecting workers, and a renewed focus on new rulemaking. Following an Administration that never installed an Assistant Secretary of Labor for OSHA, relied almost exclusively on the General Duty Clause to enforce COVID-19 safety measures, drastically curtailed rulemaking, and declined to issue an emergency COVID-19 standard, the pendulum swing at OSHA has already been more pronounced than during past transitions. Accordingly, it is more important now than ever before for employers to stay attuned to developments at OSHA.

Conn Maciel Carey LLP’s complimentary 2022 OSHA Webinar Series, which includes monthly programs (sometimes more often, if events warrant) put on by the OSHA-focused attorneys in the firm’s national OSHA Practice Group, is designed to give employers insight into developments at OSHA during this period of unpredictability and significant change.

To register for an individual webinar in the series, click on the link in the program description below, or to register for the entire 2022 series, click here to send us an email request so we can get you registered. If you missed any of our programs over the past seven years of our annual OSHA Webinar Series, here is a link to a library of webinar recordings. If your organization or association would benefit from an exclusive program presented by our team on any of the subjects in this year’s webinar series or any other important OSHA-related topic, please do not hesitate to contact us.

2022 OSHA Webinar Series – Program Schedule

Continue reading →

Process Safety Update: The Latest with OSHA PSM & EPA RMP [Webinar Recording]

November 18, 2021Theresa Green Leave a comment

On Tuesday, November 16, 2021, Micah Smith and Beeta Lashkari presented a webinar regarding Process Safety Update: The Latest with OSHA PSM & EPA RMP.

After the Obama/Biden Administration’s efforts to “modernize” the way the federal government regulates chemical process safety, we saw much that rolled back, stalled, or amended as the Trump Administration implemented a de-regulatory agenda. As the regulatory ping-pong ball bounces back the other direction, the regulated community is left in limbo to see what will become of OSHA’s and EPA’s plans for process safety.

As the Biden Administration begins to make its mark in this arena, we are tracking rulemaking and enforcement from OSHA, EPA and the CSB, and whether and how far these agencies will go back to the previous policies to modernize the applicable regulations.

This webinar reviewed Continue reading →

Update about the Chemical Safety Board [Webinar Recording]

March 18, 2021March 24, 2021Theresa Green Leave a comment

On March 16, 2021, Eric J. Conn, Micah Smith and Beeta B. Lashkari presented a webinar regarding “Update about the Chemical Safety Board.”

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 →

[Webinar] Update about the Chemical Safety Board

March 12, 2021March 12, 2021Theresa Green Leave a comment

On Tuesday, March 16, 2021 from 1:00 P.M. to 2:15 P.M., join Eric J. Conn, Micah Smith and Beeta B. Lashkari for a webinar regarding “Update about the Chemical Safety Board.”

Participants in this webinar will learn about: Continue reading →

Announcing Conn Maciel Carey’s 2021 OSHA Webinar Series

January 7, 2021August 9, 2021Theresa Green Leave a comment

ANNOUNCING CONN MACIEL CAREY’S
2021 OSHA WEBINAR SERIES

As the Trump Administration hands over the keys to President-Elect Biden and a new Democratic Administration, OSHA’s enforcement and regulatory landscape is set to change in dramatic ways, from shifting enforcement priorities, budgets and policies, to efforts to reignite OSHA’s rulemaking apparatus. Following an Administration that never installed an Assistant Secretary of Labor for OSHA, handled COVID-19 enforcement with a light touch, pumped the brakes on almost all rulemaking in general, and declined to issue an emergency COVID-19 standard in particular, the pendulum swing at OSHA is likely to be more pronounced than during past transitions. Accordingly, it is more important now than ever before to pay attention to OSHA developments.

Conn Maciel Carey’s complimentary 2021 OSHA Webinar Series, which includes (at least) monthly programs put on by the attorneys in the firm’s national OSHA Practice, is designed to give employers insight into developments at OSHA during this period of flux and unpredictability.

To register for an individual webinar in the series, click on the link in the program description below. To register for the entire 2021 series, click here to send us an email request, and we will register you. If you missed any of our programs from the past seven years of our annual OSHA Webinar Series, click here to subscribe to our YouTube channel to access those webinars.

2021 OSHA Webinar Series – Program Schedule

OSHA’s 2020 in Review
and 2021 Forecast

Thursday, January 14^th

Respiratory Protection Rules –
Top 5 Risks and Mistakes

Wednesday, May 12th

Cal/OSHA’s COVID-19
Emergency Temporary Standard

Tuesday, January 26^th

What to Expect from DOL Under
a Biden Administration

Wednesday, June 16^th

What Employers Need to Know
About the COVID-19 Vaccine

Thursday, February 11^th

Mid-Year Review of OSHA Developments

Thursday, July 22^nd

COVID-19 Vaccine Distribution and Administration: OSHA Considerations

Thursday, February 18^th

OSHA VPP and other Cooperative Programs

Tuesday, August 24^th

Update About the
Chemical Safety Board

Tuesday, March 16^th

Update about OSHA’s Electronic Recordkeeping Rule

Wednesday, September 8^th

Annual Cal/OSHA Enforcement
and Regulatory Update

Tuesday, March 23^rd

OSHA Issues During
Acquisitions and Divestitures

Thursday, October 7^th

COVID-19 OSHA Enforcement
and Regulatory Update

Wednesday, April 20^th

Updates about OSHA’s PSM
Standard EPA’s RMP Rule

Tuesday, November 16^th

Recap of Year One of the Biden Administration

Tuesday, December 14^th

See below for the full schedule with program descriptions,
dates, times and links to register for each webinar event.

Continue reading →

[Bonus Webinar] Conversation with the Director of NIOSH about COVID-19 in the Workplace

December 11, 2020December 11, 2020Theresa Green Leave a comment

On Monday, December 21, 2020 at 1 p.m. ET, join Kate McMahon, a Partner in Conn Maciel Carey’s national OSHA Practice, and special guest Dr. John Howard, the Director of the National Institute for Occupational Safety and Health (NIOSH), for a one-on-one Q&A event regarding COVID-19 in the workplace.

Cases continue to spike throughout the United States, while employers try to keep pace with ever-shifting guidance from the CDC, OSHA, and state and county health departments, and face several new COVID-19 emergency regulations around the country. NIOSH works closely with the CDC to develop its COVID-19 guidance and to help educate Industry on effective infection control and response strategies. NIOSH also provides support to the White House Coronavirus Taskforce and assists states and local health departments develop effect strategies and policy to address COVID-19 in the workplace.

Through this Q&A session, Dr. John Howard, the Director of NIOSH for 17 years and counting, provides detailed insight and advice on the workplace safety and health implications of COVID-19 and what employers can expect next and how they can protect their workers from this pandemic. Participants in this webinar will learn: Continue reading →

3rd Annual (Virtual) Process Safety Summit – December 8-9, 2020

December 1, 2020Theresa Green Leave a comment

Register today for the 3rd Annual (Virtual) Process Safety Summit on December 8-9, 2020.

Like so many other aspects of our lives, our Annual Process Safety Summit in Washington, DC will look a little different in the year of COVID-19. Rather than gathering together in person in our Nation’s Capital for two full days in October, the 3rd Annual Process Safety Summit will be a virtual event, and it will take place in shorter segments on December 8-9, 2020.

But what will not change is the Summit’s one-of-a-kind opportunity to convene safety and legal professionals from chemical manufacturing, petroleum refining, paper, and other process industries with the senior government officials responsible for regulating process safety. Check out our working agenda and register today.

What is the Process Safety Summit in Washington, DC?

The Process Safety Summit in Washington, DC is an annual event, typically based in our nation’s Capital. The 2nd Annual Summit last Fall welcomed more than 175 safety, process safety, and legal professionals from stakeholders in the chemical, petrochemical, paper, and petroleum refining industries, and other industries with operations covered by OSHA’s PSM Standard and EPA’s RMP Rule. The Summit focuses on the process safety regulatory landscape and industry best practices, with programming that covers rulemaking, enforcement programs, significant cases, trends as we move through the Trump Administration and into a Biden Administration, best practices, and other key process safety regulatory issues impacting Industry.

This Summit fills an important gap for employers operating the process safety regulatory environment.

Continue reading →

[Webinar Recording] Process Safety Update: The Latest with OSHA PSM & EPA RMP

November 27, 2020November 30, 2020Theresa Green Leave a comment

On November 17, 2020, Eric J. Conn, Micah Smith and Beeta Lashkari presented a complimentary webinar: Process Safety Update: The Latest with OSHA PSM & EPA RMP.

Following the 2013 West Fertilizer explosion, then-President Obama issued Exec. Orders directing OSHA, EPA and other agencies to “modernize” the chemical process safety regulatory landscape. OSHA and EPA took sweeping actions, from enforcement initiatives (like a new PSM National Emphasis Program) to rulemakings and interpretation letters.

Then President Trump took office with a de-regulatory agenda. But rather than unwavering deregulation, Trump Admin. initiatives in this area have been splintered, with some deregulatory work proceeding (e.g., rollback of RMP amendments), others coming to a complete halt (e.g., PSM reform rulemaking), and still others moving forward like business as usual (e.g., the Chem/REF PSM NEP inspections and the CSB’s new accidental release reporting rule). And now, with the Presidential Election behind us (sort of), and a new Biden Administration looming, we could see another significant shake-up of the regulatory landscape.

This webinar reviews the status and likely future of OSHA’s PSM Standard and EPA’s RMP Rule, CSB developments, and other process safety issues, such as the recent 10^th Cir. Decision on PSM application to interconnected and co-located vessels.

We are pleased to share links to a copy of the slides and a recording of the webinar . Continue reading →

[Webinar Recording] Process Safety Update: The Latest with OSHA PSM & EPA RMP

November 25, 2020November 25, 2020Theresa Green Leave a comment

On November 17, 2020, Eric J. Conn, Micah Smith and Beeta Lashkari presented a complimentary webinar: Process Safety Update: The Latest with OSHA PSM & EPA RMP.

This webinar reviewed Continue reading →

[Webinar] Process Safety Update: The Latest with OSHA PSM & EPA RMP

November 11, 2020November 11, 2020Theresa Green Leave a comment

On Tuesday, November 17th at 1 PM Eastern, join Eric J. Conn, Micah Smith and Beeta Lashkari for a complimentary webinar: Process Safety Update: The Latest with OSHA PSM & EPA RMP.

Click here to register for the November 17th webinar. Continue reading →

BREAKING – CSB Issues Final Accidental Release Reporting Rule

February 10, 2020February 10, 2020Beeta B. Lashkari 2 Comments

By Eric J. Conn and Beeta Lashkari

Last week, on the day of a federal district court-mandated deadline — Wednesday, February 5, 2020 — the Chemical Safety and Hazard Investigation Board (the CSB) announced its Final Rule on Accidental Release Reporting. The CSB posted a prepublication version of the Final Rule last week, on February 5th. The official version should be published in the Federal Register within the next few days.

As we previously reported, on December 12, 2019, the CSB issued a Notice of Proposed Rulemaking for its new reporting rule, which set out the circumstances when facility owners and operators are required to file reports with the CSB about certain accidental chemical releases and what must be communicated in the reports.

As stated in the NPRM, the purpose of the rule is “to ensure that the CSB receives rapid, accurate reports of any accidental release that meets established statutory criteria.”

The rule requires owners and operators of stationary sources to report accidental releases that result in a fatality, a serious injury, or substantial property damage to the CSB within eight hours. The specific information required to be provided in the accidental release report includes:

A brief description of the accidental release;
Whether the release resulted in a fire, explosion, death, serious injury, or property damage;
The number of fatalities and/or serious injuries, and the estimated property damage at or outside the stationary source;
The name of the material involved;
The amount of the release; and
Whether the accidental release resulted in an evacuation order impacting members of the general public and other details associated with the evacuation.

Issuance of the CSB’s reporting rule has been a long time coming. Although the CSB did not become operational until 1998, its enabling legislation – the Clean Air Act Amendments – was enacted in 1990. That statute, from nearly thirty years ago, expressly required the agency to issue a rule governing the reporting of accidental releases to the CSB. Although the CSB submitted an Advanced Notice of Proposed Rulemaking for Chemical Release Reporting in 2009, that effort died on the vine. Accordingly, the CSB has never had its own reporting rule, relying instead on other sources to receive incident information. In February 2019, however, Continue reading →

Announcing Conn Maciel Carey’s 2020 OSHA Webinar Series

December 20, 2019January 28, 2020Eric J. Conn 4 Comments

We are three years into the Trump Administration, and we have seen a mixed bag of change and business as usual at OSHA in enforcement and rulemaking. We watched late Obama-era OSHA rules get repealed, delayed, or amended and a modest boost in compliance assistance—the sort of policy shifts you expect to see in a transition from a Democratic to a Republican Administration. However, we have seen plenty of the unexpected, such as increases in virtually every enforcement metric, including record numbers of $100K+ enforcement actions. And most surprising of all, OSHA still does not have an Assistant Secretary—the longest ever vacancy for the top job at OSHA—and it seems highly likely the Agency will remain without a Senate-approved leader for the entirety of this presidential term. As we move into an election year, the final year of President Trump’s current term, we expect more reshuffling of OSHA enforcement policies and rulemaking priorities, and surely more surprises, so it is critical to stay abreast of OSHA developments.

Conn Maciel Carey’s complimentary 2020 OSHA Webinar Series includes monthly webinars presented by OSHA-specialist attorneys in the firm’s national OSHA Practice designed to give employers insight into developments at OSHA during this remarkable time in OSHA’s history.

To register for an individual webinar, use the registration links in the program descriptions below. To register for the entire 2020 Series, click here to send an email request, and we will register you. If you miss a program this year or missed any in prior years, click here for our webinar archive.

We are exploring CLE approval for this series. If you are interested in CLE or other forms of Continuing Education credits, click here to complete a survey.

2020 OSHA Webinar Series – Program Schedule

OSHA’s 2019 in Review
and 2020 Forecast

Thursday, January 23^rd

All You Need to Know About
OSHA’s General Duty Clause

Thursday, July 23^rd

OSHA Settlement
Tips And Strategies

Tuesday, February 25^th

Employee Discipline – OSHA
and Labor & Employment Issues

Wednesday, August 19^th

Strategies for Responding to Whistleblower Complaints

Wednesday, March 25^th

Privileged Audits and Investigations and OSHA’s Self-Audit Policy

Tuesday, September 22^nd

Annual Cal/OSHA Update

Thursday, April 16^th

Impact of the Election on OSHA

Thursday, October 22^nd

E-Recordkeeping and
Injury Reporting Update

Wednesday, May 20^th

Updates about OSHA’s PSM
Standard and EPA’s RMP Rule

Tuesday, November 17^th

OSHA’s PPE Standards –
Top 5 Risks and Mistakes

Tuesday, June 16^th

Impact of America’s Aging Workforce on OSHA and Employment Law

Wednesday, December 16^th

See below for the full schedule with program descriptions,
dates, times and links to register for each webinar event. Continue reading →

Coalition to Comment on CSB’s Proposed Accidental Release Reporting Rule

December 17, 2019Eric J. Conn Leave a comment

Last week, the CSB issued a Notice of Proposed Rulemaking for its accidental release reporting rule, which establishes the criteria for when facility owners and operators are required to report to CSB accidental chemical release incidents and what must be included in those reports. Here is a link to an article we posted that summarizes the CSB’s proposal and background about the situation. If promulgated, the rule would require owners and operators of stationary sources to report to the CSB within four hours any accidental chemical releases that results in a:

Fatality;
Serious injury; or
Substantial property damage.

A release reporting rule was mandated by the CSB’s enabling statute (decades ago), but the Agency had never issued such a rule. In February of this year, however, a federal court ordered the CSB to promulgate a final reporting rule within 12 months of the court’s ruling—by mid-February 2020. With CSB waiting until the 11^th hour to publish this NPRM, interested stakeholders have only a very small window to make sure their concerns about the proposed rule are heard. Comments are due to the CSB by January 13, 2020, and because the deadline to promulgate the rule is court-mandated, there likely will be no extension of the comment period.

Although the proposal indicated that CSB contemplated some of the duplicative effort that a separate CSB reporting rule would require, the proposed rule does not come close to addressing employers’ legitimate concerns about the burden this reporting requirement will place on employers at a time when their attention should be focused on emergency response. To compound the problem, the scope of reportable incidents and criteria for reportability aligns neither with CSB’s investigative jurisdiction nor with other agencies’ already-existing reporting requirements, and, as formulated, could create disincentives for robust internal reporting of incidents.

Conn Maciel Carey’s national OSHA • Workplace Safety Practice Group is coordinating an ad hoc coalition of employers to prepare a set of comments to submit to the CSB. Continue reading →

CSB Issues Notice of Proposed Rulemaking for New Accidental Release Reporting Rule

December 14, 2019January 2, 2020Beeta B. Lashkari Leave a comment

By Eric J. Conn and Beeta B. Lashkari

Earlier this week, on December 12, 2019, the U.S. Chemical Safety and Hazard Investigation Board (CSB) issued a Notice of Proposed Rulemaking (NPRM) for its long-awaiting chemical incident reporting rule, which sets out the circumstances when facility owners and operators are required to file reports with the CSB of accidental chemical releases and what must be communicated in the reports.

As stated in the NPRM, the purpose of the rule is “to ensure that the CSB receives rapid, accurate reports of any accidental release that meets established statutory criteria.”

If promulgated, the rule would require owners and operators of stationary sources (chemical facilities) to report accidental releases that result in a fatality, serious injury, or substantial property damage to the CSB within four hours. The proposed rule also identifies the specific information required to be included in the accidental release report:

A brief description of the accidental release;
Whether the release resulted in a fire, explosion, death, serious injury, or property damage;
The number of fatalities and/or serious injuries, and the estimated property damage at or outside the stationary source;
The name of the material involved;
The amount of the release; and
Whether the accidental release resulted in an evacuation order impacting members of the general public and other details associated with the evacuation.

Importantly, recognizing that some or all of this information may not be known within four hours of an accidental release, the CSB decided to include the qualifier — “if known” — for much of the information that would be required in the report.

If, however, the owner/operator submits a report to Continue reading →

[Webinar] Process Safety Update: The Latest with OSHA’s PSM Standard and EPA’s RMP Rule

November 11, 2019November 23, 2019Eric J. Conn Leave a comment

On Tuesday, November 19, 2019 at 1:00 PM Eastern, join Eric J. Conn, Amanda Walker, and Micah Smith of Conn Maciel Carey’s national OSHA Practice for a complimentary webinar regarding “Process Safety Update: The Latest with OSHA’s PSM Standard and EPA’s RMP Rule.”

Following the tragic West Fertilizer explosion in 2013, then-President Obama issued an Executive Order directing OSHA, EPA and other agencies to “modernize” the way the government regulates chemical process safety. OSHA and EPA took (or at least initiated) sweeping actions in response to the Executive Order, from enforcement initiatives (like a new wave of Refinery and Chemical Facility PSM National Emphasis Program inspections) to rulemaking and interpretation letters to overhaul OSHA’s PSM and EPA’s RMP regulatory landscape.

When President Trump took office with a de-regulatory agenda, the regulated community was left wondering what this meant for these changes to process safety regulations. But rather than a continued wave of action, the momentum splintered, with some initiatives proceeding, others coming to a halt, and others still being pared back. We saw immediate delays and the beginning of rollbacks of new process safety regulations, yet enforcement initiatives appeared to move forward unhindered. And now, with two years of the Trump Administration in the books, it is still unclear where the regulatory landscape will settle.

This webinar will review the status and likely future of OSHA’s PSM Standard and EPA’s RMP Rule, as well as other major process safety developments from the federal government, state governments, and industry groups.

Specifically, participants in this webinar will learn about: Continue reading →

2nd Annual Process Safety Summit in Washington, DC – October 15-16, 2019

September 23, 2019September 23, 2019Eric J. Conn Leave a comment

Register today for the 2nd Annual Process Safety Summit in Washington, DC on October 15-16, 2019.

What is the Process Safety Summit in Washington, DC?

The Process Safety Summit in Washington, DC is an annual event in our nation’s Capital. The Inaugural Summit last Fall welcomed more than 175 safety and legal professionals from stakeholders in the chemical, petrochemical, paper, and petroleum refining industries and other industries with operations covered by OSHA’s PSM Standard and EPA’s RMP Rule. The Summit focuses on the process safety regulatory landscape and industry best practices, with programming that covers rulemaking, enforcement programs, significant cases, trends as we move through the Trump Administration, best practices, and other key process safety regulatory issues impacting Industry.

The Agenda and format for the 2nd Annual Process Safety Summit in Washington, DC will include one-of-a-kind line-up of speakers and panels of senior government officials and industry experts, as well as moderated round table sessions. The event is broken into two parts:

A half-day of confidential breakout sessions with Industry stakeholders and a networking cocktail reception on October 15th; followed by
A full-day of panels and speakers from OSHA, EPA, the OSH Review Commission, Former Heads of OSHA, the CSB, and others on October 16th.

This Summit Continue reading →

EPA Sends Final RMP Rollback Rule to OMB for Review

September 17, 2019September 17, 2019Beeta B. Lashkari 1 Comment

By Micah Smith, Eric J. Conn and Beeta Lashkari

Last week, on September 12, 2019, EPA sent its Final RMP Rollback Rule to the White House Office of Management & Budget (OMB) for pre-publication review. The rule is expected to roll back many of the Obama-era RMP Amendment Rule that added to and enhanced numerous RMP requirements, which was finalized and published in the Federal Register three days before President Trump’s Inauguration.

This new near-final RMP Rollback Rule comes after a long and tortured rulemaking and litigation history in which President Obama’s EPA rushed out the RMP Amendments Rule, President Trump’s EPA attempted to delay the RMP Amendments Rule, those attempts were defeated in federal court, and then EPA quickly finalized the current rulemaking with anticipated roll-backs. Here is a quick summary of that history: Continue reading →

OSHRC Dramatically Expands Interpretation of “Interconnected” for PSM-Coverage

April 1, 2019April 2, 2019Eric J. Conn 2 Comments

By Eric J. Conn and Micah Smith

On March 28, 2019, the OSH Review Commission released its decision in Sec’y of Labor v. Wynnewood Refining, OSHRC, Nos. 13-0644 & 13-0791. In a fairly brief opinion, the Commission affirmed the decision of the ALJ on two significant issues:

the PSM standard applied to a utilities boiler; and
OSHA inappropriately relied upon the citation history of a prior owner in characterizing citations as Repeat.

Expanding PSM Coverage

With regard to PSM applicability, the decision is framed as a response to the arguments raised in the refinery’s brief, but it does not directly address the arguments raised by the amicus brief filed by AFPM and API. The Commission began its discussion of PSM applicability by evaluating the meaning of the definition of “process,” in particular how to interpret this phrase:

“For purposes of this definition, any group of vessels which are interconnected and separate vessels which are located such that a highly hazardous chemical (HHC) could be involved in a potential release shall be considered a single process.”

The Commission held that, in order to prove a group of vessels qualify as a process, OSHA may prove either that a) the group of vessels are interconnected or b) separate vessels are located such that an HHC could be involved in a potential release. With surprisingly little analysis, the Commission held that this was the plain meaning of the terms of the standard, and the Commission did not evaluate at all whether OSHA’s interpretation deserved deference. (Note: Chairwoman MacDougall disagreed that this was the plain meaning of the terms, but she agreed that OSHA’s interpretation of the definition deserved deference.)

This decision gave no credence to the arguments made by the refinery and the amici, which both urged the Commission to find that interconnected vessels be considered a single process only if there is a reasonable probability that an event such as an explosion would affect the interconnected vessels. Continue reading →

Announcing Conn Maciel Carey’s 2019 OSHA Webinar Series

November 26, 2018November 21, 2018Eric J. Conn Leave a comment

We are now two years into the Trump Administration, and we have seen a mixed bag of changes in the OSHA enforcement and regulatory landscape. We have watched some late Obama-era OSHA rules get repealed by the Congressional Review Act or delayed and amended through deregulatory rulemaking. We have seen some efforts to boost up the VPP Program and other cooperative programs—the sorts of policy shifts at OSHA many expect in a transition to a republican administration. However, we have also been surprised by OSHA increasing the number of inspections, setting records for the number of $100K+ enforcement actions, and continuing to issue hard hitting press releases. And most surprising of all, OSHA still does not have a Senate-approved Assistant Secretary—the longest ever wait for a permanent OSHA Administrator.

As we move into the out years of Pres. Trump’s first term, we expect more reshuffling of OSHA’s enforcement priorities and policies, and more surprises, so it is critical to stay abreast of OSHA developments. This complimentary 2019 OSHA Webinar Series, presented by the OSHA-specialist attorneys in Conn Maciel Carey’s national OSHA Practice Group, is designed to give employers insight into changes and developments at OSHA during this unpredictable time.

To register for an individual webinar, click the registration link in the program descriptions below. To register for the entire 2019 Series, click here to send an email request, and we will get you registered. If you missed any of our OSHA programs, here is a link to our webinar archive.