The U.S. Court of Appeals for the Fifth Circuit recently published an opinion ruling on key process safety management ('PSM') issues under appeal in the Delek Refining case. Delek Refining Ltd. v. Occupational Safety and Health Review Comm'n, 2016 WL 7480236 (5th Cir. 2016) (Delek III). Last year, the Occupational Safety and Health Review Commission ('OSHRC') heard arguments from the Occupational Safety and Health Administration ('OSHA') and Delek related to six citations received at an oil refinery in Texas. Sec'y of Labor v. Delek, 2015 WL 1957889 (OSHRC Apr. 23 2015) (Delek II) and see KSAG Alerts 2015-20 and 2015-21. After receiving some unfavorable rulings, the company appealed three of the citations to the Fifth Circuit. The Court of Appeals' decision delivered mixed holdings, vacating two of the citations and upholding a third....