AFPM Reacts to OSHA Enforcement Memo Revision

WASHINGTON, May 13, 2016 -- The Occupational Safety & Health Administration (OSHA) agreed to revise a controversial enforcement memorandum as part of a settlement agreement resolving a lawsuit brought by the American Fuel & Petrochemical Manufacturers (AFPM), the American Petroleum Institute (API), and the American Chemistry Council (ACC). In return, the AFPM and the other industry petitioners agreed to dismiss their lawsuit, filed in the D.C. Circuit.

The OSHA enforcement memorandum addresses the agency's Process Safety Management Program, and more specifically the application of "recognized and generally accepted good engineering practices" or "RAGAGEP." AFPM challenged the June 8, 2015 memorandum, arguing that it unlawfully expanded and misinterpreted RAGAGEP requirements, and, if left in place, would undermine industry safety efforts. OSHA published a revised memo on its website on May 11, 2016, addressing AFPM's, API's, and ACC's concerns.

"We are pleased that OSHA and the Department of Justice were willing to engage us in settlement negotiations and ultimately to address all of our primary concerns with the revised enforcement memo. Settlements of this nature are pretty rare, and thus speaks to the strength of our case. Regardless, this settlement is good for AFPM's members and the government, as our collective resources are better spent on actual efforts to improve safety rather than litigation," said AFPM President Chet Thompson.

"AFPM and its members devote substantial time and resources to ensuring safe and reliable operations through compliance with numerous regulations, standards, safety programs, training, and public outreach. Working cooperatively with government and industry partners we will continue to strive toward the goal of zero incidents."

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