Spencer Fane attorney Andrew Brought recently authored an article featured in Engineered Systems on a federal appellate court ruling related to the Occupational Safety and Health Administration (OSHA) interpretation of its process safety management (PSM) standard.
“Recently, the U.S. Court of Appeals for the Tenth Circuit affirmed OSHA’s interpretation and jurisdiction of its PSM program in ruling that a vessel does not actually need to contain a highly hazardous chemical to be subject to PSM — in this case a steam boiler — as long as the vessel is interconnected to a process that is subject to the standard,” Andrew wrote, adding OSHA could potentially further expand the types of activities, vessels, and units that the agency believes are covered by the PSM standard due to “interconnectedness.”
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