OSHA PSM Letter – Agricultural Retailers Association, et al. v. United States Department of Labor
VIA ELECTRONIC FILING May 5, 2016 Mark J. Langer, Clerk The United States Court of Appeals District of Columbia Circuit 333 Constitution Ave., NW Washington, DC 20001 Re. 28(j) Letter – Agricultural Retailers Association, et al. v. United States Department of Labor, et al., Nos. 15-1326 and 15-1340 Dear Mr. Langer: Respondents write to advise the Court that earlier today OSHA initiated Small Business Regulatory Enforcement Fairness Act proceedings, the first step in a comprehensive rulemaking to update its 20-year-old Process Safety Management (PSM) Standard (see attached representative letter to Mr. Auger). As part of this rulemaking, OSHA is considering whether to codify its current interpretation of the term “retail,” i.e., the interpretation contained in the July 22, 2015, memorandum that is the subject of this litigation, in the text of the PSM Standard. |
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