North Dakota Ag Connection - OSHA Anhydrous Ammonia Policy Change Struck Down

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OSHA Anhydrous Ammonia Policy Change Struck Down
North Dakota Ag Connection - 09/27/2016

A federal appeals court has struck down the recent policy change by the Occupational Safety and Health Administration (OSHA) that would have forced retail facilities selling anhydrous ammonia to comply with Process Safety Management (PSM) rules, rules historically aimed at manufacturers.

The lawsuit was brought by the Agricultural Retailers Association and The Fertilizer Institute, charging that OSHA failed to go through formal rulemaking procedures before it implemented the policy change.

Agriculture Commissioner Doug Goehring was pleased with the ruling. "OSHA must incorporate stakeholder feedback and develop best management practices before making a decision to change this longstanding policy," said Goehring. "The proprietors and the employees of affected facilities are entitled to have a voice regarding this new policy. These industry representatives and farmers have legitimate points to make and very practical feedback to provide."

A formal rule-making process could take several years, during which ag retailers will remain exempt from compliance with PSM rules.

"While this is a great win for agriculture, we still have to be engaged as this issue is not dead," Goehring continued. "OSHA has already begun their rulemaking and will be bringing this back in the form of a proposed rule in the future."

If the rule were eventually implemented, it could force as many as one-third of North Dakota small- and medium-sized operators out of business due to the cost of implementation.

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