Presented by Eric J. Conn, Micah Smith and Beeta B. Lashkari
For a small agency, a lot happened at the U.S. Chemical Safety and Hazard Investigation Board (the CSB) last year – and not all related to the COVID-19 pandemic. For example, in February, the CSB promulgated its long-anticipated accidental release reporting rule, creating broad new requirements for employers to report chemical incidents to the CSB. Although the rule went into effect in March of last year, the CSB set a one-year enforcement “grace period” to provide time for the regulated community to become familiar with the rule, and for the Agency to develop explanatory guidance about the new rule. With the grace period approaching its end on March 23, 2021, it is critical for employers to understand their compliance obligations to avoid violations, which may include administrative penalties, and civil or criminal actions.
Additionally, with expired terms, early departures, and the swearing in of a new Chairperson (but no other Board members), the CSB’s Board became a “quorum of one” for the first time in its history, begging questions about its authority to vote on mission-critical work product, such as investigation reports, and its ability to conduct business generally. Although President Biden will likely nominate new candidates early in his term, the Senate confirmation process can be a slog, especially for lower priority agency nominations, meaning the Board may maintain a quorum of one for an extended period.
Participants in this webinar will learn:
• Requirements of the CSB’s Accidental Release Reporting Rule
• Board governance with a quorum of one
• Impact of new Board member nominees
• Status of staffing and hiring efforts
• New investigation reports, case studies, and other work product