OSHA and the Department of Labor have filed their final brief defending their memo clarifying when small facilities that sell highly hazardous chemicals qualify for exemptions from the agency's 1992 process safety management requirements for the substances. The March 28 brief argues that the court lacks jurisdiction to review the case, Agricultural Retailers Association, et al., v. Department Of Labor and Occupational Safety And Health Administration, because the memo is not a final action subject to court review but is instead an interpretive rule.
