PSM OSHA Citations and the Litigation Process: What Are the Risks?

Global Congress on Process Safety
AIChE Spring Meeting and Global Congress on Process Safety
April 29, 2013 - 11:30am-12:00pm

Many process safety professionals do not fully understand the risks associated with receiving PSM OSHA citations and the litigation process before the federal Occupational Safety and Health Review Commission, the federal administrative agency in charge of adjudicating workplace safety and health dispute between OSHA and private industry. Without this knowledge, process safety professionals cannot effectively evaluate whether to contest the citations and litigate before the OSHRC. It is important that process safety professionals have this knowledge because there is a limited period of time for making a decision whether to contest the citations and litigate before the OSHRC.

Attendees will learn how to evaluate their risks regarding PSM OSHA citations and provide guidance about the litigation process before the OSHRC. The risks regarding PSM OSHA citations are administrative liability, civil liability, criminal liability, abatement costs, negative press releases, follow-up inspections, being placed in the Severe Violator Enforcement Program; increasing Workers' Compensation costs; inability to gain contract work; impacting the collective bargaining process, enterprise or company-wide relief being sought, and creating a negative image of your workplace safety and health program.

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