June 3, 2020
Best Practices for Surviving an OSHA PSM Audit/Investigation
Taylor White, Senior Counsel, and Dan Kaplan, Partner, Foley Gardere/Foley & Lardner, LLP
PSM is nuanced, flexible, and touches all aspects of any facility with enough HHCs. So, of course, OSHA loves it. In 2017, OSHA began a NEP for PSM, noting significant incidents at refineries and chemical facilities. Since then, all OSHA offices (and, yes, we mean “all”) focus on PSM issues during incident investigations or routine audits. Frequently, COs will respond to an incident and immediately call in an OSHA industrial hygienist and/or PSM “expert” to conduct a contemporaneous, but separate, PSM audit. And because of OSHA’s NEP and (cough, cough) the ease with which OSHA can assert alleged violations of the PSM regs, it behooves you to be ready for OSHA taking a peak under your PSM hood. Thus, we’ll focus both on the legal requirements of PSM and on what to do when OSHA knocks on your door to assess your PSM compliance. The presentation will also discuss preparing for OSHA PSM audits, asserting your legal rights, dealing with OSHA officers, and avoiding common pitfalls.