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OSHA Engineering Guidelines Will Hit Energy Industry Hard

Published in Law360
Article | June 24, 2015

Workplace Safety partner Greg Dillard and associate Scott Elliott discuss the US Occupational Safety and Health Administration's (OSHA) expansion of the meaning of "recognized and generally accepted good engineering practices" (RAGAGEP). Greg and Scott explain that the new memorandum, "RAGAGEP in Process Safety Management (PSM) Enforcement," modifies employers' safety obligations and will raise more questions about the future of RAGAGEP enforcement than it answers. They note that employers now face greater uncertainty when addressing the questions raised by the memorandum, and that "OSHA faces a daunting burden in implementing the enforcement guidance." Greg and Scott conclude by noting that subsequent scrutiny from both employers and the courts will ensure that RAGAGEP "remains one of the most controversial aspects of the PSM standard for years to come."

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