The CSB promulgated its Accidental Release Reporting Rule to help the CSB decide when to initiate an investigation into an accidental release, including whether to deploy a team of investigators to the site to do “all things necessary and proper” to initiate an investigation and obtain critical information about the incident. Upon arriving at the site of an accidental release, CSB investigators, on behalf of the Board, are responsible for notifying the owner/operator to secure the site of the accidental release and to preserve all relevant evidence to allow the agency to commence an investigation. After that, the CSB investigates an accidental release to determine and report to the public in writing the facts, conditions, and circumstances, as well as the cause or probable cause of any accidental release resulting in a fatality, serious injury, or substantial property damage. If appropriate, the CSB will also issue needed safety recommendations. However, the CSB’s success in terms of its core mission begins with learning about accidental releases promptly, so the agency’s investigative processes may commence, critical evidence can be secured, and witness testimony remains fresh.
For this reason, in light of the publication of the CSB’s Accidental Release Reporting Rule, the CSB offers the following guiding principles to owners and operators of stationary sources (fixed facilities) as well as all other interested stakeholders with respect to the reporting rule. This guidance should be especially helpful to owners and operators who may experience an accidental release involving the production, processing, handling, or storage of chemicals at a stationary source that they own or operate, and where such an accidental release results in a fatality, serious injury, or substantial property damage. This guidance is intended to help owners/operators interpret the CSB’s Accidental Release Reporting Rule from the agency’s perspective. However, nothing contained within this guidance itself is binding, and the text of the CSB’s enabling statute and all relevant agency regulations, including the CSB’s Accidental Release Reporting Rule itself, control in the event of any inconsistency. Similarly, nothing contained in this guidance should be considered legal advice. Owners/operators are required to make their own independent assessment of all relevant facts and circumstances, in light of the requirements of the CSB’s Accidental Release Reporting Rule, for themselves. Then, using their best efforts, in good faith, owners/operators must determine whether an accidental release should be reported and act accordingly, in compliance with federal law. When unsure, an owner/operator should report. To start, the CSB offers the following general guidance: