ArticlesOSHRC case discusses the legality of OSHA’s Com Dust NEP
Respondent contends that it was improperly cited pursuant to OSHA’s National Emphasis Program (NEP). Specifically, Respondent contends that the NEP, in effect, creates a substantive rule that requires employers to comply with the National Fire Protection Association’s “Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids” (hereinafter “NFPA 654"). This, Respondent contends, was promulgated by OSHA without complying with the Administrative Procedure Act’s (“APA”) notice and comment requirements. Accordingly, it claims, that Citation 1, Item 1 should be vacated. PLEASE NOTE that this case squares off two industry experts who show how Com Dust Assessment can be done differently and with different results! If you have Com Dust this is a MUST read decision. |
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