The Texas Environmental, Health, and Safety Audit Privilege Act (Act) was enacted in 1995 to encourage the voluntary effort by industry to comply with state environmental, health, and safety regulations. The Act grants facilities that conduct voluntary audits immunity from certain civil and administrative penalties for violations that are discovered and disclosed as a result of the voluntary audit. The Act also provides privilege for reports that are submitted in accordance with the Act’s requirements. The Act does not, however, provide immunity or privilege for criminal violations, and it does not apply to federal agencies or programs such as the United States Environmental Protection Agency.
Invoking the Act is a straightforward process, though having an environmental consultant and an environmental attorney as part of your audit team is advised so that a facility can properly and accurately follow the Act’s procedure and adhere to its requirements and timelines. the Act has been in existence for 26 years, yet surprisingly few facilities take advantage of the Act. This presentation aims to increase industry awareness of this valuable tool, to make it known that Texas specifically designed the Act to be a carrot rather than a stick, and to present the straightforward process companies can take to bring their facilities into compliance and avoid costly penalties and fines.
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