(37c) When the Government Comes Knocking – Working with Counsel in the Process Industry

The process industries operate under a complex set of industry rules and federal, state, and local regulations intended to promote safe, efficient, and environmentally responsible operations. However, as facilities’ practices and the regulatory framework evolve, even well-intentioned organizations may inadvertently overlook compliance obligations. The end result can be an OSHA inspector, EPA investigator, or another government agency at the front gate and an unintentional violation. When these situations arise, a swift and coordinated response is essential to minimize legal, operational, and reputational risks.

This session examines the complementary roles of both chemical engineers and legal counsel in managing such government investigations and crafting effective compliance strategies. Chemical engineers provide critical technical expertise by identifying the root causes of regulatory violations, developing corrective actions, and ensuring compliance with operational standards. Legal counsel, in turn, utilize this technical foundation to craft strategic responses that safeguard the company’s rights, mitigate potential criminal liability, and manage communications with regulators. Together, these efforts help the company demonstrate good faith, reduce penalties, and protect the company’s reputation.