The Cal/OSHA Standards Board has unanimously rejected proposed regulatory revisions to the Process Safety Management standard for refineries, General Industry Safety Orders §5189.1. The proposal would have revised the standard’s employee participation requirements, enacted in 2017 in response to the 2012 Chevron Richmond fire.
After the original standard took effect, the Western States Petroleum Association sued the Board in state and federal courts, arguing the requirements violate the National Labor Relations Act and that employee participation should be set through collective bargaining, not regulations.
The United Steelworkers Union, which represents refinery workers, has alleged that the lawsuits aimed to weaken employee participation and would prevent national union refinery experts from making safety recommendations.
The Board vote yesterday followed more than 90 minutes of debate and discussion. Board members expressed displeasure at being required to vote on a regulatory proposal forced by legal action, and that the language was not subject to advisory committee discussion.
The negative vote could mean that the suits head back to court. The Board’s next steps are unclear at this time.
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