DCHAS-L Discussion List Archive
From: Daniel Kuespert <0000057d3b6cd9b7-dmarc-request**At_Symbol_Here**LISTS.PRINCETON.EDU>
Subject: Re: Fwd: [DCHAS-L] OSHA COVID-19 Tip of the Day for October 23, 2020
Date: Fri, 23 Oct 2020 16:12:26 -0400
Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**Princeton.EDU>
Message-ID: A17102E7-D95E-4FC6-89CD-7C97FC93787E**At_Symbol_Here**me.com
In-Reply-To <13D707E4-775E-4524-8748-4DD8FBF54D03**At_Symbol_Here**dchas.org>
No, they cannot. As I recall, there was a court decision (OSHA v. Westvaco?) that held that OSHA cannot require any documentation not specifically asked for by a reg. The decision had to do with the Process Safety Management standard, which has specific documentation requirements, and OSHA tried to cite Westvaco for not having some docs that they weren't required by reg to have. Annoyingly, I cannot find the reference, though. Might have been OSHRC, rather than a court, but I can't find it there either.
Figure on it this way: if it hasn't been through public review and comment (via the Administrative Procedures Act processes), then they'd be free to require different docs of different companies, which is kind of the definition of "arbitrary and capricious."
Regards, Dan
Sent from my iPad
On Oct 23, 2020, at 15:17, DCHAS Membership Chair <membership**At_Symbol_Here**dchas.org> wrote:
=EF=BB=BF
I found today's Covid tip from OSHA odd. It's a "good idea" to document safety training? OSHA doesn't require this documentation?
- Ralph
Begin forwarded message:
Subject: OSHA COVID-19 Tip of the Day for October 23, 2020
Date: October 23, 2020 at 9:11:04 AM GMT-4
OSHA COVID-19 Tip of the Day for October 23, 2020
| This email was sent to ralph**At_Symbol_Here**rstuartcih.org using GovDelivery Communications Cloud on behalf of: United States Department of Labor =B7 200 Constitution Ave NW =B7 Washington, DC 20210 =B7 1-866-4-USA-DOL (1-866-487-2365)
|
 |
|
Ralph Stuart, CIH, CCHO
Membership Chair
American Chemical Society Division of Chemical Health and Safety
---
For more information about the DCHAS-L e-mail list, contact the Divisional membership chair at
membership**At_Symbol_Here**dchas.org
Follow us on Twitter **At_Symbol_Here**acsdchas
Previous post | Top of Page | Next post
