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Fifth Circuit Declines to Determine PSM Liability of Contractors, Refines Scope of "Process Equipment"

Prepared for the Katten Safety Advisory Group
Advisory | September 6, 2016

On August 19, 2015, in an unpublished decision, the Fifth Circuit denied Jacobs Field Services North America, Inc.'s ("Jacobs") petition for review, rendering good law the Occupational Safety and Health Review Commission's ("OSHRC") determination that (1) contractor employers may be subject to the Occupational Safety and Health Act ("OSH Act") process safety management ("PSM") mechanical integrity requirements, and (2) ancillary equipment may properly be considered "process equipment...."

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