H.R. 5213 — Introduced in House

I 114th CONGRESS 2d Session H. R. 5213 IN THE HOUSE OF REPRESENTATIVES May 12, 2016 Mr. Smith of Nebraska (for himself, Mr. Fincher, Mr. Peterson, and Mr. Costa) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL 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. 1. Short title This Act may be cited as the Fertilizer Access and Responsible Management Act or the 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. (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) Proposed rule The Secretary may publish any proposed 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) only if— (A) the Secretary, acting through the Assistant Secretary of Labor for Occupational Safety and Health, arranges for an independent third party to conduct a cost analysis of such proposed rule, and the Secretary includes such analysis in the publication of the proposed rule; and (B) the Bureau of the Census establishes a code for farm supply retailers under sector 44–45 (relating to retail trade) of the North American Industry Classification System. (2) Notice and comment In promulgating any rule related to the exemption described in paragraph (1), the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall— (A) 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.