1. Speaker Firms and Organization:
Genova Burns LLC
Douglas Solomon, Esq.
Partner
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Presented By:
April 21, 2015
1
Partner Firms:
Connell Foley LLP
Steve Barnett
Partner
Krugliak, Wilkins, Griffiths & Dougherty,
Co. L.P.A.
Jacqueline Bollas Caldwell
Attorney

2. Brief Speaker Bios:
Jacqueline Bollas Caldwell
Jackie is a director of Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A. Jackie joined the law firm in 1985, immediately after
matriculation from law school. She was elected shareholder in 1991. She served on the Management Committee of the Firm from
1998-2005. Jackie serves as counsel for numerous businesses in all phases of business and corporate representation, including
corporate and business formation; contract negotiating, advising, and drafting; bank loan negotiation; buying and selling businesses;
handling disputes between minority and majority business owners.
April 21, 2015
2
Douglas Solomon, Esq.
Douglas E. Solomon, a Partner in the firm’s Newark, New Jersey office, is the Director of the OSHA Practice Group and is also a
member of the firm’s Labor Law Practice Group.
Mr. Solomon concentrates his practice in the area of traditional labor law on behalf of management clients in both the private and
public sector. His labor law experience spans a wide variety of industries, including transportation, entertainment, law enforcement,
hospitals, retail, restaurants, charter schools and service industries. His transportation industry experience includes an expertise in
representing clients under the Railway Labor Act and the Occupational Safety & Health Act (“OSHA”).
► For more information about the speakers, you can visit: http://theknowledgegroup.org/event_name/osha-rules-and-regulations-what-you-need-to-know-live-webcast/
Steve Barnett
Steve Barnett is a Partner in Connell Foley LLP’s Environmental Law Group. Prior to his law career, Mr. Barnett practiced as a
Certified Industrial Hygienist and Professional Engineer in the United States Air Force. He frequently counsel clients in OSHA
compliance and enforcement matters. Mr. Barnett is Chairman of the OSHA-New Jersey Industry Communication Alliance, member
of the New Jersey Industrial Safety Council appointed by the New Jersey Commissioner of Labor and Workforce Development, former
President of the New Jersey Industrial Hygiene Association, and holds a Master of Science in Public Health. His legal practice is
devoted to health, safety, security and environment (HSSE) matters in contracts and transactions, regulatory compliance, and
litigation.

3. Under the US Occupational Health & Safety Act (1970) employers are required to provide a safe and healthful
working environment. OSHA enforces established standards with which all employers must comply. Employers
must also comply with the General Duty Clause of the Act which requires them to keep the workplaces free of
recognized serious hazards.
Employers can face dauntingly complex tasks and confusing language in complying with OSHA’s numerous and
extensive federal and state occupational safety and health standards and regulations. Many employers and their
legal advisors often are un-aware of many of the legal requirements that must be met to ensure the safety of their
workers – such as training.
With the growth of temporary employment status in the US, the Occupational Safety and Health Administration is
focusing upon employers skirting the laws regarding such issues as Injury and Illness prevention and reporting,
safety training deficiencies, and placement of new employees in hazardous positions. In April OSHA announced
the final rule revising and enhancing the standards for electric power generation, transmission, and distribution.
In this webinar, our panel of speakers will review the fundamentals of the Occupational Health & Safety Act (1970)
and, the extent of the authority of the Occupational Safety and Health Review Commission.
April 21, 2015
3

4. Specifically, the panel speakers will address the statutes involved in OSHA legal practice, the enforcement of and
compliance with the statutes, the regulations promulgated, and the role of the Commission and the courts in
appeals relating to OSHA citations and practices. Other issues addressed will include NFPA changes, the SVE
Program, and practices putting your organization at risk. Whether you are an employment lawyer or a lawyer
representing industrial employees or employers this webinar will be of value.
Agenda:
• OSHA Rules and Regulations: Changes and Implications
• OSHA Injury and Illness Prevention Program (I2P2) Rule, Recording, and Reporting
• OSHA Inspectors: Avoidance and Preparation
• Regulatory Compliance: The Necessary Evil
• Severe Violator Enforcement Program (SVEP)
• 2015 NFPA: Potential Changes
• Role of Courts and the Commission
• Industry View-point: Oil and Gas Safety
• OSHA and United Nation’s Globally Harmonized System of Classification and Labeling of Chemicals
• Practices Putting Your Firm at Legal Risk: Reporting and Training
April 21, 2015
4

5. Featured Speakers:
April 21, 2015
5
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP
SEGMENT 2:
Douglas Solomon, Esq.
Partner
Genova Burns LLC
SEGMENT 1:
Jacqueline Bollas Caldwell
Attorney
Krugliak, Wilkins, Griffiths & Dougherty, Co. L.P.A.

6. Introduction
Steve Barnett is a Partner in Connell Foley LLP’s Environmental Law Group. Prior to his law career, Mr. Barnett practiced
as a Certified Industrial Hygienist and Professional Engineer in the United States Air Force. He frequently counsel clients in
OSHA compliance and enforcement matters. Mr. Barnett is Chairman of the OSHA-New Jersey Industry Communication
Alliance, member of the New Jersey Industrial Safety Council appointed by the New Jersey Commissioner of Labor and
Workforce Development, former President of the New Jersey Industrial Hygiene Association, and holds a Master of Science
in Public Health. His legal practice is devoted to health, safety, security and environment (HSSE) matters in contracts and
transactions, regulatory compliance, and litigation.
April 21, 2015
6
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

7. Chemical Facilities Practice – Manufacturers, Importers, Distributors,
Employers and Retailers
April 21, 2015
7
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

8. Process Safety Management (PSM) Standard, 29 CFR 1910.119
• Bhopal, India chemical release 1984
• Clean Air Act Amendments of 1990 required OSHA to issue chemical process safety standard
• Standard issued 1992
April 21, 2015
8
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

9. Incidents
• October 23, 1989, Phillips Petroleum, Pasadena, Texas
• July 19, 1990, BASF, Cincinnati, Ohio
• May 1, 1991, IMC, Sterlington, Louisiana
• March 23, 2005, BP Refinery, Texas City, Texas
• April 2, 2010, Tesoro Refinery, Anacortes, Washington
• April 20, 2010, Deepwater Horizon
• April 17, 2013, West Fertilizer, West, Texas
• June 13, 2013, Williams Olefins, Geismar, Louisiana
• November 15, 2014, DuPont, LaPorte, Texas
April 21, 2015
9
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

10. Petroleum and chemical facilities emphasis
• 2007 OSHA Petroleum Refinery PSM National Emphasis Program
• 2011 OSHA PSM-Covered Chemical Facility National Emphasis Program
• 645 inspections, 3,100 violations
• August 1, 2013 Executive Order 13650 Improving Chemical Facility Safety and Security
April 21, 2015
10
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

11. PSM Applicability
• Process which involves threshold quantities listed in Appendix A, or
• Process which involves 10,000 pounds of Category 1 flammable gas or flammable liquid with
flashpoint below 100°F on site in one location
April 21, 2015
11
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

12. PSM Applicability (Cont’d)
Process means any activity involving a highly hazardous chemical including any use, storage,
manufacturing, handling, or the on-site movement of such chemicals, or combination of these activities.
For purposes of this definition, any group of vessels which are interconnected and separate vessels which
are located such that a highly hazardous chemical could be involved in a potential release shall be
considered a single process.
April 21, 2015
12
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

13. PSM Applicability (Cont’d)
Not applicable to:
 Retail facilities
 Oil or gas well drilling or servicing
 Normally unoccupied remote facilities
April 21, 2015
13
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

14. PSM Requirements
• Process Hazard Analysis
• Written operating procedures
• Employee training and participation
• Pre-startup safety reviews
• Evaluation of mechanical integrity of equipment
• Contractor requirements
• Written procedures for management of change
• Permit system for hot work
• Investigation of incidents involving releases or near misses
• Emergency actions plans
• Compliance audits at least every 3 years
• Trade secret protection
April 21, 2015
14
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

15. Globally Harmonized System of Classification and Labeling of Chemicals (GHS)
• In 2012, OSHA revised its Hazard Communication Standard (HCS or “Hazcom’) 29 CFR 1910.1200 to
align with the United Nations’ Globally Harmonized System of Classification and Labeling of
Chemicals (GHS)
• published it in the Federal Register in March 2012 (77 FR 17574)
• Hazcom 2012 replaced Hazcom 1994
April 21, 2015
15
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

16. GHS Compliance Dates
April 21, 2015
16
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP
Effective Completion
Date
Requirement(s) Who
December 1, 2013 Train employees on the new label elements
and SDS format.
Employers
June 1, 2015*
December 1, 2015
Comply with all modified provisions of this
final rule, except:
Distributors may ship products labeled by
manufacturers under the old system until
December 1, 2015.
Chemical
manufacturers,
importers,
distributors and
employers
June 1, 2016 Update alternative workplace labeling and
hazard communication program as necessary,
and provide additional employee training for
newly identified physical or health hazards.
Employers
Transition Period Comply with either 29 CFR 1910.1200 (this
final standard), or the current standard, or
both
All chemical
manufacturers,
importers,
distributors and
employers

17. GHS Requirements
Hazard classification: Chemical manufacturers and importers required to determine and classify
hazards.
 Class: Health, physical, and hazards not otherwise classified.
 Category: 1, 1A, 1B, 2, etc.
 Chemical mixtures.
April 21, 2015
17
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

18. GHS Requirements (Cont’d)
• Labels: Chemical manufacturers and importers must provide a label that includes a signal word,
pictogram, hazard statement, and precautionary statement for each hazard class and category.
• Safety Data Sheets (SDS’s): New format requires 16 specific sections
• Information and training: Workers trained by December 1, 2013 on new label elements and safety
data sheet format
April 21, 2015
18
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

19. SDS Sixteen Sections
1. Identification
2. Hazard(s) identification
3. Composition/information on ingredients
4. First-aid measures
5. Fire-fighting measures
6. Accidental release measures
7. Handling and storage
8. Exposure controls/personal protection
9. Physical and chemical properties
10. Stability and reactivity
11. Toxicological information
12. Ecological information
13. Disposal considerations
14. Transport information
15. Regulatory information
16. Other information including date of preparation or last revision
April 21, 2015
19
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

20. Recent OSHA Guidance on Upcoming Compliance Dates
• February 9, 2015 OSHA Enforcement Guidance for June 1, 2015 and December 1, 2015 compliance
dates
http://www.osha.gov/dep/enforcement/hazcom_enforcement-memo.html
April 21, 2015
20
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

21. Recent OSHA Guidance on Upcoming Compliance Dates (Cont’d)
• Manufacturer, importer, distributor has not received classification and SDS information from upstream
supplier(s)
• OSHA will determine of the manufacturer, importer, distributor has exercised “reasonable diligence”
and “good faith efforts”
April 21, 2015
21
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

22. OSHA’s Severe Violator Enforcement Program
• OSHA Instruction CPL 02-00-149, June 18, 2010
April 21, 2015
22
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

23. SVEP Criteria
• Fatality or catastrophe inspection with one or more willful or repeated violations or failure-to-abate
notices (SVEP-fatality).
• Non-fatality/catastrophe inspection with two or more willful or repeated violations or failure-to-abate
notices that are high gravity violations related to High-Emphasis Hazards (SVEP-HEH).
• Fatality/catastrophe inspection with three or more willful or repeated violations or failure-to-abate
notices that are high gravity violations related to the potential release of a highly hazardous chemical
(SVEP-PSM).
• Egregious (e.g., per-instance citations) case (SVEP-egregious).
April 21, 2015
23
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

24. High Emphasis Hazards
• Fall hazards
• Amputation hazards
• Combustible dust hazards
• Crystalline silica hazards
• Lead hazards
• Excavation/trenching hazards
• Shipbreaking hazards
• Oil and gas (NAICS code 211111, 213111 and 213112 (Oil and Gas Production Services, Drilling and
Well Servicing/"Upstream Oil and Gas Industry"))
• Grain handling
• Petroleum Refinery PSM
• Chemical Facilities PSM
April 21, 2015
24
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

25. SVEP Procedures
• Enhanced Follow-up Inspections
• Nationwide Inspections of Related Workplaces/Worksites
• Increased Company Awareness of OSHA Enforcement
• Enhanced Settlement Provisions
• Federal Court Enforcement under Section 11(b) of the OSH Act
April 21, 2015
25
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

26. SVEP Enhanced Settlement Provisions
• safety training
• inform OSHA of current and future worksites
• use OSHA’s consultation services
• regular safety and health audits
April 21, 2015
26
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

27. Self-audits
• OSHA Policy Concerning OSHA’s Treatment of Voluntary Employee Safety and Health Self-Audits,
July 28, 2000
 “the Agency will not use self-audit reports as a means of identifying hazards upon which to focus
during an inspection.”
April 21, 2015
27
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

28. Secretary of Labor v. BP Products North America,
OSHRC Docket No. 10-0637, August 12, 2013
“The majority of the items at issue were self-identified by BPP and BP-Husky in documentation provided
to OSHA. OSHA’s use of BPP and BP-Husky’s self-audit reports is in blatant contravention of its Final
Policy. Although the undersigned is troubled by the Secretary’s ill-advised use of the Middough reports, I
am not using the Middough reports as a basis for vacating the alleged violations self-identified in the
reports.”
April 21, 2015
28
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

29. Audit Documentation
• Preparation
 Team members
 Text, photos, findings, conclusions, recommendations
• Distribution
• Retention
• Attorney client and attorney work product privileges
April 21, 2015
29
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP

30. ► You may ask a question at anytime throughout the presentation today. Simply click on the question mark icon located on the floating tool bar on the bottom right side of your screen. Type
your question in the box that appears and click send.
► Questions will be answered in the order they are received.
Q&A:
April 21, 2015
30
SEGMENT 3:
Steve Barnett
Partner
Connell Foley LLP
SEGMENT 2:
Douglas Solomon, Esq.
Partner
Genova Burns LLC
SEGMENT 1:
Jacqueline Bollas Caldwell
Attorney
Krugliak, Wilkins, Griffiths & Dougherty, Co. L.P.A.

31. April 21, 2015
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