Managing OSHA

Critical but practical advice for when OSHA comes knocking.

Managing OSHA

ALJ Rejects OSHA’s Attempt to Create Requirements Not Found in the Text of the PSM Standard


ALJ Rejects OSHA’s Attempt to Create Requirements Not Found in the Text of the PSM Standard

In a recent initial decision by an Administrative Law Judge from the Occupational Safety and Health Review Commission, the ALJ rejected OSHA’s attempt to specify how process safety information must be maintained by an employer. 

Among the issues before the judge in Sec. of Labor v. BP Products North America, Inc. et al. was whether 29 C.F.R. § 1910.119(d)(3)(i) requires process safety information for equipment in a PSM covered process to be presented in a specific format, specifically whether 119(d)(3)(i) requires an ASME Form U-1 for a covered pressure vessel.  In its opinion vacating the citation, the ALJ criticized OSHA for “impermissibly creat[ing] a significant requirement not found in the cited standard.”

The decision reinforces the position that in a performance based standard like PSM, an employer has significant latitude regarding how process safety information should be maintained.

For more information, please contact Mark Dreux, Head of the Arent Fox OSHA Group, at 202-857-6405.


Add this blog to your RSS feed reader.

Arent Fox In Your Inbox
To subscribe to Arent Fox Alerts and other news, click here.


Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.