On Nov. 29, 2011, OSHA announced the nationwide expansion of its process safety enforcement program for the chemical industry. Formally known as the PSM Covered Chemical Facilities National Emphasis Program (Chemical NEP), the national program is based on a previously piloted program in OSHA Regions I, VII, and X. The origin of the program has its roots in the Texas City disaster of 2005 and the resulting increased scrutiny towards process safety enforcement in the refining industry, which culminated in the Refining NEP.

Under the Chemical NEP, OSHA will target chemical facilities for inspection based on four sources of information: 1) data derived from the EPA’s Risk Management Program, 2) explosives manufacturing industry classification codes, 3) the agency’s own inspection database, and 4) regional office knowledge of local facilities. OSHA compliance officers performing inspections under the program will focus on a “dynamic list of questions” to review a facility’s compliance with process safety management standards and will request access to a number of safety-related documents, including injury and illness logs, unit process flow diagrams, piping and instrumentation diagrams, and process hazard analyses, among other things.

This webinar is designed to help you:

• Know what to expect in an OSHA Chemical NEP inspection
• Anticipate what OSHA will be looking for in an inspection
• Prepare your programs and records for OSHA
• Understand your rights to manage the inspection process
• Gain insight from experience with the Refinery NEP
• Evaluate the risks of citations, characterizations, and penalties

Register easily and securely to reserve your space now for BNA's upcoming EHS Webinar and get a $75 discount as a BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:30 a.m. to 7:00 p.m. ET, excluding most federal holidays.

Don’t miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with Bloomberg BNA you also get:

• Quality. Count on it. Nothing is canned.
• Objectivity. Bloomberg BNA provides you with the best and most objective information. Unlike other companies, we don’t use our Webinars as a forum to sell outside solutions.
• Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
• Convenience. No airlines. No travel. No time out of the office.

In addition, you’ll receive:

• Personal attention. Once you’ve registered, send your questions in advance to annebrown@bna.com and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
• Follow-up materials. You need no materials upfront to follow along to our live conference. But Bloomberg BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
• CLE credits will be available for this EHS Webinar.

Mark. L. Farley, Michael T. Taylor, and Joseph R. Herbster, Pillsbury Winthrop Shaw Pittman LLP

Mark. L. Farley is a partner at Pillsbury Winthrop Shaw Pittman LLP, where he heads the Houston office's environmental and safety practice. He routinely advises clients on process safety compliance and enforcement. Mark was one of the lead partners supporting the work of the BP U.S. Refineries Independent Safety Review Panel, which investigated corporate process safety culture and oversight at BP's North American refineries on behalf of an independent panel of experts chaired by former U.S. Secretary of State James A. Baker III. After the release of the Panel’s report, Mark worked with energy companies to implement the lessons from the BP Texas City accident, and prepare and manage inspections by OSHA under the refining process safety national emphasis program. Mark has extensive experience in the chemical manufacturing industry having worked as in-house environmental and safety counsel for a chemical manufacturer and also having counseled chemical company clients for more than 20 years.


Michael T. Taylor is counsel in the Washington D.C. office of Pillsbury Winthrop Shaw Pittman LLP. Mike focuses on all aspects of occupational safety and health law. He represents employers and trade associations during federal and state OSHA enforcement litigation and rulemaking proceedings. He also provides OSHA inspection counseling, safety and health compliance counseling, catastrophe management, safety and health audits, safety and health due diligence reviews, and whistleblower representation for clients. In addition, Mike represents employers and trade associations in a wide range of industries, including, but not limited to, chemical, petrochemical, electric utility, manufacturing, construction, health care, and food services. Mike has previously served as acting general counsel of the Occupational Safety and Health Review Commission, which is the federal administrative agency in charge of adjudicating safety and health workplace disputes between OSHA and private industry.


Joseph R. Herbster is an attorney in the Houston office of Pillsbury Winthrop Shaw Pittman LLP. He advises chemical, energy, technology, and manufacturing companies on a broad array of environmental, health, and safety issues, in both the regulatory and litigation context. Joe has assisted multiple petrochemical and refining companies in environmental litigation and agency enforcement matters from chemical and oil spills to hazardous air pollutant releases. In addition to counseling clients on major environmental laws in the areas of air, water, and waste, Joe dedicates a significant portion of his practice to representing clients in compliance and enforcement matters under process safety laws, including the OSHA's Process Safety Management standards and EPA’s Risk Management Plan.