In certain instances, CSB may decide not to send an investigation team to the site of a chemical incident. Rather, CSB may collect incident information from the on-site agencies. The CSB will use this information, as well as data that it has collected from other sources, to analyze the incident and to determine whether further actions by CSB are necessary. If the CSB requests information from on-site OSHA officials, OSHA will cooperate to the extent permitted by law and provide information to CSB regarding its investigative activities. The CSB will not ask OSHA to investigate events that OSHA has not independently chosen to investigate, nor will the CSB request OSHA to perform investigative activities outside the scope of OSHA s normal practice and statutory authorities.
State law governs the release of agency records, documents, and other information.
Two additional State Plans cover public employees only. OSHA has suspended or relinquished its concurrent enforcement authority in 22 of the 25 states, except in areas specifically excluded from the State Plan. All State Plans have adopted a Process Safety Management standard that is identical to or at least as effective as the federal standard. This MOU establishes the principles for federal OSHA and CSB coordination when conducting concurrent chemical incident investigations. Unless modified by a specific, separate agreement between the CSB and a State Plan, the CSB will coordinate its investigative activities with a State Plan state and follow the general terms and conditions agreed to in this federal Memorandum.