Accidental releases involving hazardous chemicals at fixed facilities in the U.S. soared to unprecedented levels during the 2023 federal fiscal year. However, investigations into these incidents drastically reduced. On the other hand, the Chemical Safety and Hazard Investigation Board (CSB), the agency with oversight and investigative powers, subtly indicated a change in its priorities for 2024 and beyond. Reports indicate that these incidents increased by 51% over the previous year, with serious injuries and deaths from such accidents increasing by 11% and 78% respectively.
Chartered by the Clean Air Act Amendments of 1990, the CSB’s mandate includes investigating accidental releases involving deaths, serious injuries, or damages over $1 million. While it does not have independent regulatory authority, the CSB plays a pivotal role in chemical safety improvements across the U.S. They do this via their reports containing recommendations targeted at federal regulators, individual companies, trade groups, and state and local governments.
Despite the rise in incidents, the CSB did not deploy to a single incident in fiscal 2023, and only once in fiscal 2022. Delays in investigations were attributed to staffing issues, turnover, and a lack of presidentially appointed and congressionally confirmed board members. Historically, the CSB deploys to four to six major accidents a year. The backlog and dropped investigations caught the attention of Congress, environmentalists, and community activist groups.
Post confirmations of board members Steve Owens, Sylvia Johnson, and Kathryn Sandoval, the CSB now has a quorum—the entire board comprises term appointees of President Joe Biden. The board has now shifted focus towards clearing its backlog of investigations instead of launching new ones. The backlog includes 17 open investigations, some dating as far back as 2016, that cover key safety recommendations across nearly every industry. Despite strides made towards clearing its backlog, the CSB’s limited probing of incidents over the past two fiscal years has resulted in neglect of over 200 accidents reported to it during that period.
While the focus on clearing backlog was necessary, the agency now finds itself blessed with an abundant investigative capacity but a shortage of investigations to manage. Therefore, it is likely that the CSB will be less conservative with investigative deployments in the coming year. Earlier in 2023, the board updated its Drivers of Critical Chemical Safety Change program, which identifies the most critical chemical safety improvements needed to protect people and the environment. New topics on the list include reactive hazards, inherently safer design, and subtopics related to fence line community impact, and extreme weather.
Looking ahead, it is apparent that the CSB’s investigators are ready to dust off their deployment gear. Incidents rooted in these new priorities are sure to be in the spotlight.