CSB Accidental Release Rule in effect

The Chemical Safety Board (CSB) instituted a new Accidental Release Rule on March 23, 2020, with a one-year grace period, which has now expired. This federal regulation, 40 CFR Part 1604, requires owner/operators of stationary source (i.e., facility) to report releases of regulated or hazardous substances that could cause a “serious injury” (in-patient hospitalization or death) or “substantial property damage” (>$1M, including outside property damage and “loss of use” of equipment) to CSB within 8 hours.

According to www.OSHADefenseReport.com, the report should provide the following information:

• A brief description of the accidental release;

• Whether the release resulted in a fire, explosion, death, serious injury, or property damage;

• The number of fatalities and/or serious injuries, and the estimated property damage at or outside the stationary source;

• The name of the material involved;

• The amount of the release; and

• Whether the accidental release resulted in an evacuation order impacting members of the general public and other details associated with the evacuation.

Owner/operators not yet aware of this update may be susceptible to legal exposure (administrative penalty, civil or criminal charges). With that in mind, we encourage our clients and the industry to familiarize themselves with this new rule. 40 CFR Part 1604 is available here on the CSB website. Additionally, a guidance document from CSB is expected to be issued soon. In the interim, we invite you to learn more via The OSHA Defense Report.

BakerRisk stands ready to assist owner/operators with incident scene management, documentation, evidence collection, and investigation. Call our main phone number day or night for emergency support (210-824-5960).