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D.C. Court of Appeals Sides with Ag Retailers on PSM Lawsuit Brought by ARA and TFI

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WASHINGTON, D.C. — The D.C. Court of Appeals today ruled the Occupational Safety and Health Administration (OSHA) violated the Occupational Safety and Health Act when it issued an enforcement memorandum on July 22, 2015, redefining the “retail facility” exemption to the Process Safety Management Standard. 

AAI would like to thank the Ag Retailers Association (ARA) and The Fertilizer Institute (TFI) for their leadership on this issue, and for taking appropriate legal action against OSHA. Unfortunately, sometimes legal actions are our only alternative to protect our members. We value the efforts of AAI’s Agronomy Committee for its continued involvement and highlighting the problematic issues and economic costs to our members with OSHA’s proposal. Many members weighed in on this issue in different ways to oppose OSHA’s actions.

“This is a great victory for our ag retailers that handle anhydrous ammonia,” says Reilly Vaughan, AAI Membership Director. “AAI will continue our engagement with ARA and TFI to ensure that an appropriate rule making process is utilized before any changes are made to the retailer exemption already in place.”

Ag retailers are exempt from PSM until OSHA completes a notice-and-comment rulemaking process regarding PSM, which could take several years to finalize.

See full ruling by the United States Court of Appeals 



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