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ARTICLE · 03 OCTOBER 2006

Major Victory On Coverage Under OSHA’s Chemical Process Safety Regulation

McDermott Will & Emery
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McDermott Will & Emery’s OSHA, MSHA & Catastrophe Response Group secured an important victory when it convinced a unanimous U.S.

United StatesEmployment and HR
Robert Gombar
Robert Gombar
James Lastowka
James Lastowka
Arthur Sapper
Arthur Sapper
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McDermott Will & Emery’s OSHA, MSHA & Catastrophe Response Group secured an important victory when it convinced a unanimous U.S. Occupational Safety and Health Review Commission that a distribution terminal owned by client Motiva Enterprises LLC was not covered by a major chemical process safety regulation of the Occupational Safety and Health Administration (OSHA).

The regulation, known as the Process Safety Management (PSM) Standard (29 C.F.R. § 1910.119), was adopted in the wake of several chemical plant tragedies in the 1980s that involved releases of hazardous chemicals. Compliance with the regulation is onerous, and its precise coverage is unclear and controversial. Not only chemical plants but any business with more than 10,000 pounds of flammable liquids or gases "on site in one location" in a single "process" may fall within its reach.

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