Cal/OSHA Issues Notice of Proposed Emergency Regulatory Action

Cal/OSHA Issues Notice of Proposed Emergency Regulatory Action for Process Safety Management (PSM) Program Assessment

Oakland—The Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) is proposing to adopt emergency regulations to implement a methodology for determining and collecting an annual assessment to fund Cal/OSHA’s Process Safety Management Program.
The emergency regulations propose to adopt Article 12.5 of Subchapter 2, of Title 8, California Code of regulations, sections 344.76, 344.77, and 344.79.
Government Code section 11346.1(a)(2) requires that, at least five working days prior to submission of the proposed emergency action to the Office of Administrative Law (OAL), the adopting agency provide a notice of the proposed emergency action to every person who has filed a request for notice of regulations action with the agency. After submission of the proposed emergency regulations to the Office of Administrative Law, OAL shall allow interested persons five calendar days to submit comments on the proposed emergency regulations as set forth in Government Code section 11349.6. Upon filing, OAL will have 10 calendar days within which to review and make a decision on the proposed emergency rule. If approved, OAL will file the regulations with the Secretary of State, and the emergency regulations will become effective for one hundred and eighty (180) days. Within the 180-day effective period, Cal/OSHA will proceed with a regular rulemaking action, including a public comment period. The emergency regulations will remain in effect during this rulemaking action.
The proposed regulatory language, finding of emergency regulations and text of proposed regulations are posted on Cal/OSHA’s website.