Katherine Lemos, chairperson for the US Chemical and Hazard Investigation Board (CSB) has submitted her resignation. "Recent priorities of the Board have eroded my confidence in our ability to focus" on the independent agency=CA=BCs mission.

This seems to me to be a very vague statement. Her confidence of the Board's ability to focus is eroded. How? Focus on what? What confidence in ability to focus do the other two board members have?

https://www.bloomberg.com/news/articles/2022-06-11/us-chemical-safety-board-chair-resigns-citing-lost-confidence

UNION OF CONCERNED SCIENTISTS

Lemos's term as chair has been controversial. July, 2021, a group of 22 labor, environmental, community, and scientific organizations, acting under the authority of the Union of Concerned Scientists, wrote her to express growing concerns with the CSB's "functionality and ability to execute the mission." In the letter, they "compiled this list of recommendations to right the path of the CSB and assist in fulfilling the goals of protecting communities, workers, and our planet."

https://www.ucsusa.org/sites/default/files/2021-07/Multi-organizational-letter-the-CSB-Chairperson-Lemos.pdf

Among the issues raised was Agency Governance. The group noted that as sole CSB Board Member, Lemos "voted to eliminate Board Order 28 on the Executive and Administrative Functions of the Board and to replace it with a new Board Order 28 on Board Member Roles and Responsibilities."

https://www.csb.gov/assets/record/board_action_report_-_notation_item_2021-30.pdf

https://www.csb.gov/assets/record/b0_028docx.pdf

They stated "This unilateral action attempts to eliminate the authority of other Board Members, including three whose nominations are now pending before Congress, to have any power over agency regulations, rules, and Board Orders; the agency budget and transmission of the budget to Congress; and statements to Congress or the President.

By making such draconian changes to well-established Board policy, you ignored a bedrock legal principle for independent government Boards that "the majority rules" and defied established legal opinion. Board Members must have explicit authority - as they did in the prior version of BO 28 - to vote on matters central to CSB's direction and operation, including agency regulations, rules, and Board Orders; major budget matters and contracts; and statements to Congress and the President. Moreover, new Board Members should be part of discussions to help determine their appropriate roles and specific duties.

Attempts to disenfranchise of other Board Members and consolidation of power by the Board Chair has been a recurrent issue in CSB history. For events in 2015, for example, see:"

https://oversight.house.gov/sites/democrats.oversight.house.gov/files/documents/2015-03- 18.Chaffetz%20EEC%20etc%20to%20Obama%20re%20CSB.pdf

U.S. HOUSE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

On May 20, 2021, the U.S. House Subcommittee on Oversight and Investigations (Committee on Energy and Commerce) required Lemos to respond to a five page list of concerns "regarding ongoing management, resource, and personnel challenges at the" CSB.

https://www.csb.gov/assets/1/6/csb.2021.05.20.letter_re_ongoing_issues_affect.pdf

Lemos responded to the request in June 2021.

https://www.csb.gov/assets/1/6/csb_response_to_energy_and_commerce_correspondance_request_may_20_2021_delivered_june_10_2021.pdf

September, 29, 2021, the House subcommittee subsequently called Lemos to testify directly.

https://docs.house.gov/meetings/IF/IF02/20210929/114070/HHRG-117-IF02-20210929-SD001.pdf

The video of the hearing and the preliminary transcript can be found at

https://www.youtube.com/watch?v=uvsDEtXEPgg

https://docs.house.gov/meetings/IF/IF02/20210929/114070/HHRG-117-IF02-Transcript-20210929.pdf

INVESTIGATION BACKLOG

Among the concerns raised by the House subcommittee in the May request was "the CSB has failed to address its investigations backlog. Currently, the CSB has 20 open investigations, including one from 2016."

Lemos did not provide a schedule for completions in her September 29 testimony. She responded to a request for a "Backlog Reduction Schedule" and on October 7, 2021 provided the subcommittee with a chart showing 18 open investigations, the incident date, and the anticipated Board Meeting timeframe for completion.

https://www.csb.gov/assets/1/17/e_c_backlog_response.pdf?16724

During the January 26, 2022 Chemical Safety Board January Public Business Meeting, Executive Director Stephen Klejst said that an Open Investigation Calendar, updated quarterly as public business meetings are held, would be posted on the CSB website, showing the anticipated schedule for completing open investigations. It seemed to be a commitment to update and make public the schedule provided to Congress on October 7, 2021.

After announcing that the Calendar would be posted on the CSB website, Klejst said the schedule "would put us on track to close all current investigations within this two year timeframe, and would exceed the performance of the CSB at any point since our inception."

This Calendar is of particular interest to me, because I'd like to follow plans for various investigations I led or participated in before I retired in November 2019. I contacted the CSB in March, and after sending them a couple of followups over the next several weeks, I was eventually told that "the calendar update will be published after the business meeting."

That business meeting was held on April 28, and there was no mention of the Calendar. Mid-May I again began contacting the CSB for the link to the Calendar or for a further status update.

I've received no response. So apparently the CSB will not be posting the Open Investigation Calendar.