FARM Act

To require the Occupational Safety and Health Administration to provide notice and comment rulemaking for the revised enforcement policy relating to the exemption of retail facilities from coverage of the process safety management of highly hazardous chemicals standard under section 1910.119(a)(2)(i) of title 29, Code of Federal Regulations, and for other purposes. 1. Short title This Act may be cited as the Fertilizer Access and Responsible Management Act FARM Act 2. Occupational Safety and Health Administration process safety management standard (a) Withdrawal of policy (1) In general The Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall withdraw the revised enforcement policy relating to the exemption of retail facilities from coverage of the process safety management of highly hazardous chemicals standard under section 1910.119(a)(2)(i) of title 29, Code of Federal Regulations, issued as a memorandum by the Occupational Safety and Health Administration on July 22, 2015, and all documents associated with the revised enforcement policy. (2) Enforcement The Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall enforce section 1910.119(a)(2)(i) of title 29, Code of Federal Regulations (or any corresponding similar regulation or ruling), in the same manner as such section was enforced on July 21, 2015, unless such section is amended in accordance with subsection (b). (b) Requirements for rulemaking (1) In general In promulgating any rule relating to the exemption of retail facilities from coverage of the process safety management of highly hazardous chemicals standard under section 1910.119(a)(2)(i) of title 29, Code of Federal Regulations (or any corresponding similar regulation or ruling), the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall— (A) (i) promulgate the rule in the manner required under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) (ii) if the rule is not subject to such section, provide notice and comment rulemaking in accordance with section 553 of title 5, United States Code; and (B) invite meaningful public participation in such rulemaking. (2) Significant regulatory action Promulgation of a rule under paragraph (1) shall be— (A) considered a significant regulatory action 5 U.S.C. 601 (B) subject to the Office of Information and Regulatory Affairs review procedures in accordance with section 6(b) of such Executive order.

Summary: Fertilizer Access and Responsible Management Act or the FARM Act This bill requires the Occupational Safety and Health Administration (OSHA) to withdraw its revised enforcement policy published on July 22, 2015, concerning the exemption of retail facilities from coverage of the process safety management of highly hazardous chemicals standard. (The standard contains requirements for managing hazards associated with processes using highly hazardous chemicals.) OSHA, when promulgating a rule relating to the exemption of retail facilities from coverage of the standards, must provide an opportunity for the public to submit comments as specified by the bill and invite meaningful public input in the rulemaking.