Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope and Purpose.
These regulations contain requirements for preventing
or minimizing the consequences of catastrophic releases of toxic, reactive,
flammable or explosive chemicals. The establishment of process safety
management regulations are intended to eliminate to a substantial degree, the
risks to which employees are exposed in petroleum refineries, chemical plants
and other facilities.
(b)
Application.
(1) These regulations shall
apply to a process which involves a chemical at or above the specified
threshold quantities listed in Appendix A or a process which involves a
Category 1 flammable gas (as defined in Section
5194) or a flammable liquid with a
flashpoint below 100 °F (37.8 °C) on site in one location, in a
quantity of 10,000 pounds (4535.9 kg) or more.
EXCEPTIONS:
(1) Flammable liquids with a flashpoint below
100 °F (37.8 °C) stored in atmospheric tanks or transferred which are
kept below their normal boiling point without benefit of chilling or
refrigeration.
(2) Hydrocarbon fuels
used solely for workplace consumption (e.g. comfort heating propane, gasoline
for motor vehicle refueling) if such fuels are not part of a process containing
another acutely hazardous chemical covered by section
5189.
(3) These regulations do not apply to retail
facilities, oil or gas well drilling or servicing operations or normally
unoccupied remote facilities.
(2) Explosives manufacturing operations shall
comply with the provisions of Article 119 and these orders.
(3) The requirements of subsections (d) and
(e) shall become effective within five (5) years according to the following
phase-in schedule:
(A) No less than 25
percent shall be completed by August 10, 1994;
(B) No less than 50 percent shall be
completed by August 10, 1995;
(C)
No less than 75 percent shall be completed by August 10, 1996.
(D) All initial process hazards analyses
shall be completed by August 10, 1997.
(4) Subsections (f) through (p) shall become
effective on January 4, 1994.
(5)
The installation of explosive devices, such as explosive bolts, detonating
cords, explosive actuators, squibs, heating pellets and similar small exploding
devices into finished products or devices that are not intended to explode and
the repackaging of explosives are not considered manufacturing operations and
are not covered by Section
5189.
(6) Explosives pre-manufacturing and
post-manufacturing research and testing activities listed below are not covered
by Section 5189 provided they are conducted in
a separate, non-production research or test area or facility, and do not have
the potential to cause or contribute to a release or interfere with mitigating
the consequences of a catastrophic release from the explosive manufacturing
process:
(A) Product testing and analysis
which is not a part of any in-production sampling and testing of the explosive
manufacturing process;
(B) Chemical
and physical property analysis of explosives and propellants and pyrotechnics
formulations;
(C) Scale-up research
chemical formulations to develop production quantity formulations;
(D) Analysis of age tests conducted on
finished products;
(E) Failure
analysis tests conducted on pre-manufactured or finished products;
(F) X-raying;
(G) Quality assurance testing (not including
the extraction of samples from an active explosive manufacturing production
process);
(H) Evaluating
environmental effects, such as hot, cold, jolt, jumble, drop, vibration, high
altitude, salt and fog; and,
(I)
Assembly of engineering research and development
models.
(c)
Definitions.
Acutely hazardous material. A substance possessing
toxic, reactive, flammable or explosive properties and specific by subsection
(b)(1).
Explosive. A substance identified in Title 49, Part 172
of the Code of Federal Regulations, the Department of Transportation effective
on December 31, 1990.
Facility. The buildings, containers, or equipment which
contain a process.
Flammable. Liquids or gases as defined in Section
5194(c) onsite and
in one location in quantities of 10,000 pounds or more.
Hot Work. Electric or gas welding, cutting, brazing or
any extreme heat, flame, or spark producing procedures or operations.
Major Accident. Any event involving fire, explosion, or
release of a substance covered by this section which results in a fatality or a
serious injury (as defined by Labor Code Section
6302) to
persons in the work-place.
Normally unoccupied remote facility. A facility which
is operated, maintained and serviced by employees who visit the unmanned
facility only periodically to check its operation and perform necessary
operating or maintenance tasks. No employees are permanently stationed to this
facility. Facilities meeting this definition are not contiguous with and must
be geographically remote from all other buildings, processes or persons.
Process. Any activity conducted by an employer that
involves an acutely hazardous material, flammable substance or explosive
including any use, storage, manufacturing, handling, or on-site movement of any
of the preceding substances or combination of these activities. For purposes of
this definition any group of vessels which are interconnected and separate
vessels which are located such that an acutely hazardous material could be
involved in a potential release shall be considered a single process.
Process Safety Management. The application of
management programs, which are not limited to engineering guidelines, when
dealing with the risks associated with handling or working near acutely
hazardous materials, flammables, or explosives.
Replacement in Kind. A replacement which satisfies the
design specification.
(d)
Process Safety Information. The employer shall develop and maintain a
compilation of written safety information to enable the employer and the
employees operating the process to identify and understand the hazards posed by
processes involving acutely hazardous, flammable and explosive material before
conducting any process hazard analysis required by this regulation. The
employer shall provide for employee participation in this process. Copies of
this safety information shall be made accessible and communicated to employees
involved in the processes, and include:
(1)
Information pertaining to hazards of the acutely hazardous and flammable
materials used in the process. This information shall consist of at least the
following:
(A) Toxicity information;
(B) Permissible exposure limits as listed in
Section 5155;
(C) Physical data;
(D) Corrosivity data;
(E) Thermal and chemical stability
data;
(F) Reactivity data;
and,
(G) Hazardous effects of
incompatible mixtures which could foreseeably occur.
NOTE: Safety Data Sheets meeting the requirements of
Section 5194(g) may be
used to comply with this requirement to the extent they meet the information
provisions.
(2)
Information pertaining to the technology of the process. Information concerning
the technology of the process shall include at least the following:
(A) A block flow diagram or simplified
process flow diagram;
(B) Process
chemistry;
(C) Maximum intended
inventory;
(D) Safe upper and lower
limits for process variables such as temperatures, pressures, flows, levels
and/or compositions; and,
(E) The
consequences of deviations, including those affecting the safety and health of
employees.
NOTE: For processes for which data is unavailable, the
information concerning the technology of the process may be developed from a
process/hazard analysis conducted in accordance with subsection
(e).
(3)
Information pertaining to the equipment in the process.
(A) Information pertaining to the equipment
in the process shall include at least the following:
1. Materials of construction;
2. Piping and instrument diagrams
(P&ID's);
3. Electrical
classification;
4. Relief system
design and design basis;
5.
Ventilation system design;
6.
Design codes employed including design conditions and operating
limits;
7. Material and energy
balances for processes built after September 1, 1992;
8. Safety systems (such as interlocks,
detection and suppression systems, etc.); and,
9. Electrical supply and distribution
systems.
(B) The employer
shall document that the equipment complies with the criteria established in
subsection (d)(3)(A) in accordance with recognized and generally accepted good
engineering practices.
(C) For
existing equipment designed and constructed in accordance with codes,
standards, or practices that are no longer in general use, the employer shall
determine and document that the equipment is designed, maintained, inspected,
tested and operating in a safe manner.
(4) A copy of the process safety information
and communication shall be accessible to all employees who perform any duties
in or near the process.
(e) Process Hazard Analysis.
(1) The employer shall perform a hazard
analysis appropriate to the complexity of the process for identifying,
evaluating, and controlling hazards involved in the process and shall determine
and document the priority order for conducting process hazard analyses based on
the extent of process hazards, number of potentially affected employees, age of
the process and process operating history, using at least one of the following
methodologies.
(A) What-If;
(B) Checklist;
(C) What-If/Checklist;
(D) Hazard and Operability Study
(HAZOP);
(E) Failure Mode and
Effects Analysis (FMEA); or
(F)
Fault-Tree Analysis.
NOTE: The employer may utilize other hazard analysis
methods recognized by engineering organizations or governmental agencies. In
the absence of (A) - (F) or other recognized hazard analysis methods, the
employer may utilize a hazard analysis method developed and certified by a
registered professional engineer for use by the process hazards analysis
team.
(2) The
hazard analysis shall address:
(A) The hazards
of the process;
(B) Engineering and
administrative controls applicable to the hazards and their
relationships;
(C) Consequences of
failure of these controls;
(D)
Facility Siting;
(E) Human
Factors;
(F) A qualitative
evaluation of a range of the possible safety and health effects of the failure
of controls on facility employees; and
(G) The identification of any previous
incident which had a likely potential for catastrophic consequences in the
workplace.
NOTE: The employer may utilize the facility's Risk
Management Prevention Plan(s) (RMPP) prepared pursuant to Article 2, Chapter
6.95 (commencing with Section 25531) of Division 20 of the Health and Safety
Code to the extent that is satisfies the requirements of subsections (e)(1) and
(2).
(3)
(A) The process hazard analysis shall be
performed by a team with expertise in engineering and process operations, and
the team shall include at least one operating employee who has experience and
knowledge specific to the process being evaluated. The team shall also include
one member knowledgeable in the specific process hazard analysis methodology
being used. The final report containing the results of the hazard analysis for
each process shall be available in the respective work area for review by any
person working in that area.
(B)
The employer shall consult with the affected employees and where appropriate
their recognized representatives on the development and conduct of hazard
assessments performed after the effective date of this section. Affected
employees and where applicable their representatives shall be provided access
to the records required by this section.
(4) The employer shall establish a system to
promptly address the team's findings and recommendations; document any actions
taken to implement the team's recommendations; develop a written schedule of
when these actions are to be completed; assure that the recommendations are
resolved in a timely manner; make them available to operating, maintenance and
any other persons whose work assignments are in the facility, and who are
affected by the recommendations or actions; and assure that the recommendations
are evaluated in a timely manner or implement an alternative resolution which
appropriately addresses the degree of hazard posed by the scenario.
(5) At least every five (5) years, the
process hazard analysis shall be updated and revalidated, by a team meeting the
requirements in subsection (e)(3), to assure that the process hazard analysis
is consistent with the current process.
(6) Employers shall retain process hazard
analyses and/or updates for each process covered by this section, as well as
the documented actions described in subsection (e)(4).
(7) Upon request of any worker or any labor
union representative of any worker in the area, the employer shall provide or
make available a copy of the employer's RMPP.
(8) The employer shall conduct the process
hazard analysis as soon as possible but not later than the dates shown in
subsection (b)(3).
(f)
Operating Procedures.
(1) The employer shall
develop and implement written procedures that provide clear instructions for
safely conducting activities involved in each process consistent with the
process safety information and shall address at least the following.
(A) Steps for each operating phase:
1. Start-up;
2. Normal operation;
3. Temporary operations as the need
arises;
4. Emergency operations,
including emergency shutdowns, and who may initiate these procedures;
5. Normal shutdown; and,
6. Start-up following a turnaround, or after
an emergency shutdown.
(B) Operating limits:
1. Consequences of deviation;
2. Steps required to correct and/or avoid
deviation; and
3. Safety systems
and their functions.
(C)
Safety and health considerations:
1.
Properties of, and hazards presented by, the chemicals used in the
process;
2. Precautions necessary
to prevent exposure, including administrative controls, engineering controls,
and personal protective equipment;
3. Control measures to be taken if physical
contact or airborne exposure occurs;
4. Safety procedures for opening process
equipment (such as pipe line breaking);
5. Verification of raw materials and control
of hazardous chemical inventory levels; and,
6. Any special or unique
hazards.
(2) A
copy of the operating procedures shall be readily accessible to employees who
work in or near the process area or to any other person who works in or near
the process area.
(3) The operating
procedures shall be reviewed as often as necessary to assure that they reflect
safe operating practices, including changes that result from changes in process
chemicals, technology, and equipment; and changes to facilities.
(4) The employer shall develop and implement
safe work practices to provide for the control of hazards during operations
such as opening process equipment or piping and control over entrance into a
facility by maintenance, contractor, laboratory or other support personnel.
These safe work practices shall apply to employees and contractor
employees.
(g) Training.
(1) Initial training. Each employee presently
involved in operating or maintaining a process, and each employee before
working in a newly assigned process, shall be trained in an overview of the
process and in the operating procedures as specified in subsection (f). The
training shall include emphasis on the specific safety and health hazards,
procedures, and safe practices applicable to the employee's job
tasks.
(2) Refresher and
supplemental training. At least every three years, and more often if necessary,
refresher and supplemental training shall be provided to each maintenance or
operating employee and other workers necessary to ensure safe operation of the
facility. The employer in consultation with employees involved in operation or
maintenance of a process shall determine the appropriate frequency of refresher
training.
(3) Training
certification. The employer shall ensure that each employee involved in the
operation or maintenance of a process has received and successfully completed
training as specified by this subsection. The employer, after the initial or
refresher training shall prepare a certification record which contains the
identity of the employee, the date of training, and the signatures of the
persons administering the training.
(4) Testing procedures shall be established
by each employer to ensure competency in job skill levels and safe and healthy
work practices.
(h)
Contractors.
(1) The employer shall inform
contractors performing work on, or near, a process of the known potential fire,
explosion or toxic release hazards related to the contractor's work and the
process, and require that contractors have trained their employees to a level
adequate to safely perform their job. The employer shall also inform
contractors of any applicable safety rules of the facility, and assure that the
contractors have so informed their employees.
(2) The employer shall explain to contractors
the provisions of the emergency action plan required in subsection
(n).
(3) Contractors shall assure
that each of their employees have received training to safely perform their job
and that the contract employees shall comply with all applicable work practices
and safety rules of the facility.
(4) The contractor's training program shall
be performed in accordance with the requirements of subsection (g).
(5) The employer when selecting a contractor
shall obtain and evaluate information regarding the contract employer's safety
program.
(6) The employer shall
periodically evaluate the performance of contract employers in fulfilling their
obligations as specific in subsection (h)(3) of this section.
(7) The employer shall obtain and make
available upon request a copy of the contract employer's injury and illness log
related to the contractor's work in the process areas.
(i) Pre-start Up Safety Review.
(1) The employer shall perform a pre-start up
safety review for new facilities and for modified facilities for which the
modification necessitates a change in the process safety information.
(2) The pre-start up safety review shall
confirm that prior to the introduction of acutely hazardous, flammable and
explosive materials to a process:
(A)
Construction and/or equipment are in accordance with design
specifications;
(B) Safety,
operating, maintenance, and emergency procedures are in place and are
adequate;
(C) For new facilities, a
process hazard analysis has been performed and recommendations have been
resolved or implemented before start-up; and modified facilities meet the
requirements contained in subsection (l); and,
(D) Training of each operating employee and
maintenance worker has been completed.
(3) The Pre-Start Up Safety Review shall
involve employees with expertise in process operations and engineering. The
employees will be selected based upon their experience and understanding of the
process systems being evaluated.
(j) Mechanical Integrity.
(1) Written procedures.
(A) The employer shall establish and
implement written procedures to maintain the ongoing integrity of process
equipment and appurtenances. These procedures shall include a method:
1. for allowing employees to identify and
report potentially faulty or unsafe equipment; and
2. to record their observations and
suggestions in writing.
(B) The employer shall respond regarding the
disposition of the employee's concerns contained in the report(s) in a timely
manner.
(C) The employer shall
provide employees and their representatives access to the information required
in subsection (j)(1).
(2)
Inspection and testing.
(A) Inspections and
tests shall be performed on process equipment.
(B) Inspection and testing procedures shall
follow recognized and generally accepted good engineering practices.
(C) The frequency of inspections and tests
shall be consistent with applicable manufacturer's recommendations and good
engineering practices and more frequently if determined necessary as dictated
by operating history.
(D) The
employer shall have a certification record that each inspection and test has
been performed in accordance with this subsection. The certification shall
identify the date of the inspection; the name of the person who performed the
inspection and test; and the serial number or other identifier of the
equipment.
(3) Equipment
deficiencies. The employer shall correct deficiencies in equipment which are
outside acceptable limits defined by the process safety information in
subsection (d) before further use, or in a safe and timely manner provided
means are taken to assure safe operation.
(4) Quality assurance.
(A) The employer shall assure that in the
construction of new plants and equipment modified, repaired, or fabricated
equipment is suitable for the process aplication for which they will be
used.
(B) Appropriate checks and
inspections shall be performed as necessary to assure that equipment is
installed properly and is consistent with design specifications and
manufacturer's instructions.
(C)
The employer shall assure that maintenance materials, spare parts and
equipment, meet design specifications and applicable
codes.
(k) Hot
Work Permit.
(1) The employer shall develop
and implement a written procedure for the issuance of "hot work"
permits.
(2) The permit shall
certify that the applicable portions of the fire prevention and protection
requirements contained in Sections
4848 and
6777 have been implemented prior to
beginning the hot work operations; indicate the date(s) authorized for hot
work; and identify the equipment or facility on which hot work is to be done.
The permit shall be kept on file until completion of the hot work
operations.
(l)
Management Of Change.
(1) The employer shall
establish and implement written procedures to manage changes (except for
"replacement in kind") to process chemicals, technology, and equipment, and
changes to facilities.
(2) The
procedures shall assure that the following are addressed prior to any change:
(A) The technical basis for the proposed
change;
(B) Impact of change on
safety and health;
(C)
Modifications to operating procedures;
(D) Necessary time period for the change;
and,
(E) Authorization requirements
for the proposed change.
(3) Employees involved in the process shall
be informed of, and trained in, the change in the process as early as
practicable prior to its start up.
(4) If a change covered by this subsection
results in a change to the process safety information, such information shall
be appended and/or updated in accordance with subsection (d).
(5) If a change covered by this subsection
results in a change to the operating procedures, such procedures shall be
appended and/or updated in accordance with subsection (f).
(m) Incident Investigation.
(1) The employer shall establish a written
procedure for prompt reporting and investigating every incident which results
in or could reasonably have resulted in a major accident.
(2) Incident investigations shall be
initiated no later than 48 hours following the incident.
(3) An incident investigation team shall be
established and consist of persons knowledgeable in the process involved
including a contract employee if the incident involved work of the contractor,
and other persons who are qualified to thoroughly investigate and analyze the
incident.
(4) A written report
shall be prepared at the conclusion of the investigation which includes at a
minimum:
(A) Date of incident;
(B) Date investigation began;
(C) A description of the incident;
(D) The factors that contributed to the
incident; and,
(E) Any
recommendations resulting from the investigation.
(5) The report shall be reviewed with all
operating, maintenance, and other personnel whose work assignments are within
the facility where the incident occurred.
(6) The employer shall establish a system to
promptly address and resolve the report findings and recommendations and shall
implement the report recommendations in a timely manner, or take action to
prevent a reoccurrence.
(7)
Incident investigation reports shall be retained for five (5) years.
(8) The employer shall prepare a report and
either provide a copy of the report or communicate the contents of the report
to all employees and other personnel whose work assignments are within the
facility, where the incident occurred at the time the incident
occurred.
(n) Emergency
Planning and Response. The employer shall establish and implement an Emergency
Action Plan in accordance with the provisions of Section
3220.
NOTE: The employer may use the business plan for
emergency response submitted pursuant to subdivision (a) of Section 25503.5 and
subdivision (b) of Section
25505
of the Health and Safety Code, to the extent that the requirements of
subsection (n) are met.
(o)
Injury and Illness Prevention Program. The employer's Injury and Illness
Prevention Program required by Section
3203 shall include applicable
part(s) of this section.
(1) The scheduled
and periodic inspections of facilities covered by this section and required by
Section 3203(a)(4) shall
be conducted by at least one person knowledgeable in the
process.
(p) Employee
Participation. The employer shall develop a written plan of action to ensure
employee participation in process safety management which includes:
(1) Employer consultation with employees and
their representatives on the conduct and development of the elements of process
safety management required by this section; and
(2) Providing employees and their
representatives with access to all information required to be developed by this
section without regard to possible trade secret status of such information.
NOTE: Nothing in this subsection shall preclude the
employer from requiring the persons to whom the information is made available
under subsection (p)(2) to enter into confidentiality agreements prohibiting
them from disclosing the information as set forth in Section
5194.
1. New
section filed 7-10-92; operative 8-10-92 (Register 92, No. 28).
2.
Amendment of section and new Appendix filed 1-4-94; operative 1-4-94 pursuant
to Government Code section
11346.2(d)
(Register 94, No. 1).
3. Change without regulatory effect amending
subsection (b)(1) filed 5-3-95 pursuant to section
100, title 1, California Code of
Regulations (Register 95, No. 18).
4. Change without regulatory
effect amending Appendix A filed 9-13-95 pursuant to section
100, title 1, California Code of
Regulations (Register 95, No. 37).
5. New subsection (b)(5) and
amendment of NOTE filed 4-1-96; operative 5-1-96 (Register 96, No.
14).
6. Editorial correction of misspelling of "sulfur" in Appendix
(Register 96, No. 18).
7. New subsections (b)(6)-(b)(6)(I) filed
3-31-99; operative 4-30-99 (Register 99, No. 14).
8. Change without
regulatory effect amending subsection (n) filed 6-13-2001 pursuant to section
100, title 1, California Code of
Regulations (Register 2001, No. 24).
9. Amendment of listing of
sulfur dioxide in Appendix A filed 6-18-2002; operative 7-18-2002 (Register
2002, No. 25).
10. Amendment of listing of "Oleum" in Appendix A
filed 9-4-2012; operative 10-4-2012 (Register 2012, No. 36).
11.
Amendment of subsection (b)(1) and EXCEPTION thereto and amendment of
subsection (d)(1)(G) and NOTE thereto filed 5-6-2013; operative 5-6-2013
pursuant to Labor Code section
142.3(a)(4)(C).
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(4)
(Register 2013, No. 19).
12. Amendment of subsection (b)(1) and
EXCEPTION thereto and amendment of subsection (d)(1)(G) and NOTE thereto
refiled 11-6-2013; operative 11-6-2013 pursuant to Labor Code section
142.3(a)(4)(C).
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(4)
(Register 2013, No. 45).
13. Repealer of 11-6-2013 order by
operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No.
19).
14. Amendment of subsection (b)(1) and EXCEPTION thereto and
amendment of subsection (d)(1)(G) and NOTE thereto filed 5-5-2014; operative
5-6-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 19).
15. Amendment of Appendix A filed 5-4-2020;
operative 5-4-2020. Submitted to OAL for filing and printing only pursuant to
Labor Code section
142.3(a)(3)
(Register 2020, No. 19).
Note: Authority cited: Section
142.3, Labor
Code. Reference: Sections
142.3 and
7856, Labor
Code.
