ARA, TFI file briefs in OSHA PSM lawsuit

Washington—The Agricultural Retailers Association (ARA) and The Fertilizer Institute (TFI) on March 14 filed the final legal brief in their lawsuit against the Occupational Safety and Health Administration’s (OSHA) reinterpretation of the Process Safety Management (PSM) retail exemption. ARA and TFI reiterated their position that OSHA’s PSM change adds new obligations to farm supply retailers and is not simply an “interpretive rule,” and therefore should have gone through notice-and-comment rulemaking before being implemented. The organizations also declined mediation, and requested that the court dispense with oral arguments and decide the case based on briefs filed by counsel. “We believe that oral arguments will only prolong the case and increase its cost,” said Daren Coppock, ARA president and CEO. “We also declined an offer of mediation. Our position is that either OSHA broke the law or they didn’t. That point can’t be mediated.” ARA and TFI filed the lawsuit on Jan. 22 with the U.S. Court of Appeals for the D.C. Circuit., and OSHA submitted its response brief on Feb. 19.