The Occupational Safety and Health Review Commission ("OSHRC") is poised to decide a case that could result in an expansion of the scope of the Process Safety Management ("PSM") program. The case arises out of a 2012 incident at an Oklahoma refinery, where a boiler detonated while employees were attempted to light it, resulting in two deaths. The Secretary of Labor ("SOL") issued citations alleging violations of the PSM rule, and the respondent employer challenged the citations before an Administrative Law Judge ("ALJ"). Secretary of Labor v. Wynnewood Refining Co., Decision and Order, No. 13-0644 (Feb. 5, 2016). The ALJ held that a boiler that was not itself a PSM-covered process was still subject to the PSM standard based on an expansive theory of interconnectivity to covered processes....
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