Bergeson L.L.,Esquire Bergeson and Campbell |
Auerbach B.,Esquire Bergeson and Campbell
AIChE Annual Meeting, Conference Proceedings | Year: 2012
The Occupational Safety and Health Administration's (OSHA) November 29, 2011, National Emphasis Program (NEP) for Chemical Facilities for the first time extends nationwide a new and more targeted approach to the enforcement of its 1992 Process Safety Management (PSM) Standard. The elements of this approach, which are modeled on a similar NEP initiated in 2007 for petroleum refining facilities, mark a change from the previous, open-ended enforcement approach, to one that relies on more focused investigative questions. OSHA's objective is to better use its limited resources in the face of still-recurring catastrophic accidents. While focusing its inspections on how inplant programs actually are implemented, OSHA inspectors still seek to review an extensive range of written materials. A recent Occupational Safety and Health Review Commission (OSHRC) decision extends the attorney-client privilege to certain documents prepared by non-attorney third-party experts, a welcome development in working internally toward assuring compliant PSM systems. © 2012 Bergeson & Campbell, P.C. All Rights Reserved.