A&WMA ONLINE: January 2021 Monthly Meeting – Reevaluating OSHA Chemical Process Safety Management Compliance Following the Wynnewood Decision

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Date(s) - 01/21/2021
12:00 pm - 1:30 pm
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Program details

12:00 pm – Presentation via Zoom

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Reevaluating OSHA Chemical Process Safety Management Compliance Following the Wynnewood Decision

Compliance with OSHA’s chemical Process Safety Management (PSM) standard may have just gotten harder to satisfy.  This is because recently a federal court affirmed OSHA’s interpretation of its PSM program and concluded 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.  The impacts affiliated with this court ruling present a dilemma for facility owners and operators which have previously concluded certain activities or processes, such as steam boilers or other utilities, are not part of the “covered process” for the PSM or EPA’s RMP standard.

During this presentation, Andrew Brought (Spencer Fane LLP) and Nancy Liang (Trinity Consultants) will discuss this case and potential ramifications stemming therefrom.  The presenters intend to address the following questions that will assist facilities with PSM compliance:

  • What did the federal court hold and how did it come to its conclusion?
  • Where will this federal court ruling be applied and what does it mean for my facility?
  • What are the considerations and factors my facility needs to reconsider in light of the Wynnewood decision?
  • How can my facility go about taking next steps to maintain PSM compliance?


Andrew Brought counsels manufacturers, industrial clients, and businesses with complex environmental and workplace safety / OSHA matters.  Andrew has extensive experience helping companies with workplace safety incidents and industrial accidents that involve the intersection of health, safety, and environmental regulations and government agencies including OSHA, the EPA, the U.S. Chemical Safety and Hazard Board, and the Justice Department.  From complex workplace fatalities and injuries to more routine compliance inspections, Andrew is frequently called upon by a variety of industrial sectors to assist in handling crisis management situations, strategic response, and incident investigations.  He has a particular focus on chemical accident prevention programs, including EPA’s RMP program and OSHA’s PSM program and cases involving chemical releases.

Nancy Liang serves as a Managing Consultant in Trinity’s Kansas City office, serving clients since 2011 in environmental and process safety consulting. Ms. Liang assists clients in the chemical, petroleum refining, and general manufacturing facilities with RMP / PSM applicability determinations, Process Hazard Analysis (PHA), and compliance audits. Ms. Liang also received formal training on HAZOP studies and other PHA techniques.


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