The Board found that “Reactive incidents are a significant chemical safety problem,” but that OSHA’s Process Safety Management standard “has significant gaps in coverage of reactive hazards.” The Board therefore unanimously recommended that OSHA “Amend the Process Safety Management (PSM) Standard, 29 CFR 1910.119, to achieve more comprehensive control of reactive hazards that could have catastrophic consequences.” In case OSHA didn’t get the hint, a number of labor unions representing workers in industrial facilities that use reactive chemicals had petitioned OSHA twice for a standard, and the Clinton administration was in the early stages of rulemaking before the Bush administration pulled the action off of OSHA’s regulatory agenda.
More than five years after the CSB’s recommendation was issued, OSHA has refused to act. In typical Bush Administration fashion, instead of revising the PSM regulation, OSHA established an “Alliance” of chemical industry associations and published a reactive chemical webpage. The Alliance involved setting up booths at chemical industry conferences, occasional presentations about Alliance activities, and two actual training workshops that trained a total of 36 students. In 2004, the CSB evaluated OSHA’s response and judged it “unacceptable,” and the Alliance was terminated in March 2007.
One week after the CSB’s preliminary report on the Jacksonville explosion, Representatives George Miller (D-CA), Chair of the House Committee on Education and Labor, and Lynn Woolsey (D-CA), Chair of the Workforce Protections Subcommittee (later joined by Jacksonville Congresswoman Corrine Brown (D)), sent a letter to OSHA suggesting that this incident might have been prevented had OSHA complied with the CSB’s recommendation. The legislators called on the agency to take “immediate steps to revise the Process Safety Management Standard to improve the control of reactive hazards as recommended by the Chemical Safety Board.”