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    Subject Term: "Chemical safety"

    2 publications with a total of 7 open recommendations including 4 priority recommendations
    Director: Brown Barnes, Cindy S
    Phone: (202) 512-9345

    4 open recommendations
    including 1 priority recommendation
    Recommendation: The Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health to take steps to identify high risk facilities working with ammonium nitrate and develop options to target them for inspection.

    Agency: Department of Labor
    Status: Open
    Priority recommendation

    Comments: In 2016, OSHA officials reported that implementation of their planned local emphasis programs focused on safe use and storage of ammonium nitrate and anhydrous ammonia at fertilizer facilities was delayed due to litigation regarding process safety management enforcement in the fertilizer industry. As of July 2017, OSHA officials stated that with the recent conclusion of that litigation, OSHA is considering initiation of local emphasis programs focused on the storage and handling of ammonium nitrate and anhydrous ammonia at fertilizer facilities. Once initiated, a local emphasis program requires a focused inspection program with facilities chosen at random from the list of facilities in appropriate industry codes. OSHA previously (December 3, 2014) issued guidance to Regional Administrators to assist OSHA officials in enforcing the ammonium nitrate storage requirements in the Explosives and Blasting Agents Standard. We will close this recommendation when the local emphasis programs are initiated.
    Recommendation: To strengthen federal oversight of facilities with ammonium nitrate, the Secretary of Labor and the Administrator of EPA should direct OSHA and EPA, respectively, to consider revising their related regulations to cover ammonium nitrate and jointly develop a plan to require high risk facilities with ammonium nitrate to assess the risks and implement safeguards to prevent accidents involving this chemical.

    Agency: Department of Labor
    Status: Open

    Comments: On December 9, 2013, OSHA issued a Request for Information seeking, among other things, comments on potential revisions to its Process Safety Management standard and its Explosives and Blasting Agents Standard. The Request for Information specifically invited comments on safe work practices for storing, handling, and managing ammonium nitrate and on regulatory requirements to improve its approach to preventing the hazards associated with ammonium nitrate. As of July 2017, OSHA reports it has completed a Small Business Regulatory Flexibility Review Act panel to gather feedback from small businesses on updating its Process Safety Management (PSM) regulation. During the panel, the agency discussed the option of adding ammonium nitrate to the list of chemicals covered by PSM and collected comments. Currently, the PSM rulemaking is on the regulatory agenda under Long Term Action. According to OSHA officials, the agency will continue to collect comments on the option of adding ammonium nitrate to the list of highly hazardous chemicals covered by the PSM regulations as dictated by the rulemaking process. We will close this recommendation when OSHA decides what action to take as a result of the requests for information.
    Recommendation: To strengthen federal oversight of facilities with ammonium nitrate, the Secretary of Labor and the Administrator of EPA should direct OSHA and EPA, respectively, to consider revising their related regulations to cover ammonium nitrate and jointly develop a plan to require high risk facilities with ammonium nitrate to assess the risks and implement safeguards to prevent accidents involving this chemical.

    Agency: Environmental Protection Agency
    Status: Open

    Comments: In January 2017, EPA issued a final rule to modify its Risk Management Program (RMP) regulations. The agency decided not to propose any revisions to the list of regulated substances and therefore, did not address ammonium nitrate in the revised regulations. In a June 2016 update from EPA, EPA stated that OSHA is considering whether ammonium nitrate should be added to the list of chemicals subject to OSHA Process Safety Management regulations. According to the June 2016 update, EPA stated that while the agency is not presently proposing that ammonium nitrate be added to the list of substances subject to the RMP rule, the agency may elect to propose such a listing at a later date.
    Recommendation: The Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health to consider updating regulations for the storage of ammonium nitrate taking into consideration, as appropriate, other related standards and current practices.

    Agency: Department of Labor
    Status: Open

    Comments: OSHA previously (December 3, 2014) issued guidance to Regional Administrators to assist OSHA officials in enforcing the ammonium nitrate storage requirements in the Explosives and Blasting Agents Standard. In addition, on December 9, 2013, OSHA issued a Request for Information (RFI) seeking, among other things, comments on potential revisions to the Explosives and Blasting Agents Standard, which includes ammonium nitrate storage requirements. The RFI specifically invited comments on safe work practices for storing, handling, and managing ammonium nitrate and on regulatory requirements to improve its approach to preventing the hazards associated with ammonium nitrate. As of July 2017, this rulemaking is on the regulatory agenda under Long Term Action. We will close this recommendation when the agency decides what action to take as a result of the request for information.
    Director: Trimble, David C
    Phone: (202) 512-3841

    3 open recommendations
    including 3 priority recommendations
    Recommendation: To better position EPA to collect chemical toxicity and exposure-related data and ensure chemical safety under existing TSCA authority, while balancing its workload, the Administrator of EPA should consider promulgating a rule under TSCA section 8, or take action under another section, as appropriate, to require chemical companies to report chemical toxicity and exposure-related data they have submitted to the European Chemicals Agency.

    Agency: Environmental Protection Agency
    Status: Open
    Priority recommendation

    Comments: As of July 2017, EPA is better positioned to take action to require chemical companies to report chemical toxicity and exposure-related data submitted to the European Chemicals Agency due to passage of the new TSCA law, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Since the law was signed by the President on June 22, 2016, EPA finalized a rule to establish the agency's process for evaluating high priority chemicals to determine whether or not they present an unreasonable risk to health or the environment and finalized a rule to require industry reporting of chemicals manufactured or processed in the US over the past 10 years. However, EPA has not yet carried out actions consistent with the substance of our recommendation. Once EPA has carried out such actions, we will reassess the status of this open recommendation.
    Recommendation: To better position EPA to collect chemical toxicity and exposure-related data and ensure chemical safety under existing TSCA authority, while balancing its workload, the Administrator of EPA should consider promulgating a rule under TSCA section 8, or take action under another section, as appropriate, to require chemical companies to report exposure-related data from processors to EPA.

    Agency: Environmental Protection Agency
    Status: Open
    Priority recommendation

    Comments: As of July 2017, EPA is better positioned to take action to require chemical companies to report exposure-related data from processors to EPA due to passage of the new TSCA law, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Since the law was signed by the President on June 22, 2016, EPA has completed some implementation activities, including finalizing a rule to require industry reporting of chemicals manufactured or processed in the US over the past 10 years. However, EPA has not yet carried out actions consistent with the substance of our open recommendation. Once EPA has carried out such actions, we will reassess the status of this open recommendation.
    Recommendation: To better position EPA to collect chemical toxicity and exposure-related data and ensure chemical safety under existing TSCA authority, while balancing its workload, and to better position EPA to ensure chemical safety under existing TSCA authority, the Administrator of EPA should direct the appropriate offices to develop strategies for addressing challenges that impede the agency's ability to meet its goal of ensuring chemical safety. At a minimum, the strategies should address challenges associated with: (1) obtaining toxicity and exposure data needed to conduct ongoing and future TSCA Work Plan risk assessments, (2) gaining access to toxicity and exposure data provided to the European Chemicals Agency, (3) working with processors and processor associations to obtain exposure-related data, (4) banning or limiting the use of chemicals under section 6 of TSCA and planned actions for overcoming these challenges--including a description of other actions the agency plans to pursue in lieu of banning or limiting the use of chemicals, and (5) identifying the resources needed to conduct risk assessments and implement risk management decisions in order to meet its goal of ensuring chemical safety.

    Agency: Environmental Protection Agency
    Status: Open
    Priority recommendation

    Comments: As of July 2017, EPA is better positioned to take action to require chemical companies to report chemical toxicity and exposure data, analyze the data, take necessary actions, and identify the resources needed for evaluating and managing risk to ensure chemical safety due to passage of the new TSCA law, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Since the new law was signed by the President on June 22, 2016, EPA finalized a rule to establish the agency's process for evaluating high priority chemicals to determine whether or not they present an unreasonable risk to health or the environment and finalized a rule to require industry reporting of chemicals manufactured or processed in the U.S. over the past 10 years. However, EPA has not yet carried out actions consistent with the substance of our recommendation, including actually obtaining the data necessary to make risk-informed regulatory decisions, and then making those decisions as appropriate. Once EPA has carried out such actions, we will reassess the status of this open recommendation.