The Agricultural Retailers Association is stepping up its challenge to OSHA's Memo on “Process Safety Management of Highly Hazardous Chemicals and Application of the Retail Exemption.” The group argued in a brief filed earlier this month that a federal appellate court should review the memo as an unlawful standard under the OSH Act rather than as an interpretive rule that is exempt from review under the Administrative Procedure Act, as the agency argued in its previous brief. Oral argument in the case, Agricultural Retailers Association, et al.,v. Department Of Labor and OSHA, is scheduled for May 16.
