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>
Demystify:
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=BFI found today's Covid tip from OSHA odd. It's a "good idea" to document safety training? OSHA doesn't require this documentation?
To receive future OSHA COVID-19 safety tips of the day, subscribe online. To opt out of receiving future tips by email, unsubscribe here.
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Ralph Stuart, CIH, CCHO Membership Chair American Chemical Society Division of Chemical Health and Safety
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