By: Beeta B. Lashkari, Eric J. Conn, and Valerie Butera
As we begin the new year, we wanted to look back and report out on a rather remarkable year at the US Chemical Safety and Hazard Investigation Board (the “CSB”). Most notably, the CSB set and met a goal of clearing out its investigations backlog before the end of CY 2023. By any measure, the CSB just closed its most productive year ever, issuing a record-setting eleven investigation reports. For context, the CSB issued only six reports in 2022, three in 2021, none in 2020, and four in 2019. Currently, the CSB has only two open investigations for incidents that just occurred within the last year and a half.
As we discussed in our December 13, 2022 Process Safety Update Webinar, on May 20, 2021, the Congressional Committee on Energy and Commerce sent the CSB a letter, calling on the CSB to clear out its “investigations backlog,” which, at that time, included 20 open investigations, including at least one that was more than five years old. The letter specifically instructed the CSB to:
“Provide a copy of the CSB’s most recent investigation plan, including the status of all open investigations, the expected timeframe for completing each investigation, and the number of investigators assigned to each investigation.”
A day later, the CSB released one investigation report, so that, by the time the agency replied to Congress’ letter on June 10, 2021, it reported that there were 19 open investigations, and provided a status for each one: five were noted as being in the early investigation report-writing phase, and 14 were in a mid- or advanced phase. However, the CSB did not at that time provide a specific timeframe for completing each report, stating only that:
“[t]he timeframe for completing investigations is a dynamic re-assessment based on numerous factors. The Agency plans to continue closing investigations with increased transparency through the public board meeting process . . . and to improving the timelines as the Agency rebuilds our staff and processes.”
Three months later, on September 24, 2021, the CSB issued a couple more investigation reports, and a few days after that, on September 29, 2021, then-CSB Chairperson Katherine Lemos testified before the Subcommittee on Oversight and Investigations of the Committee on Energy and Commerce, emphasizing the progress the CSB was making on the release of investigation reports. Specifically, Chairperson Lemos testified that the CSB had completed three investigations in 2021, compared to only one in 2020.
Then, on October 7, 2021, the CSB sent another letter to Congress, this time providing a specific timeline for all remaining open investigations. Per the (very ambitious) timeline, with older investigations prioritized, all open CSB investigations of incidents occurring prior to calendar year 2020 would be completed in fiscal year 2022. Although the CSB was not able to meet its initial timeline, it updated its investigations closure plan in October 2022, committing to another very ambitious timeline to complete all of its then-remaining fourteen open investigations by the end of calendar year 2023. With a new and nearly full slate of Board Members and renewed life at the agency under the Biden Administration, including the hiring of additional staff, the CSB met that timeline, barely. Continue reading