OSHA Instruction CPL 2-2.45A September 28, 1992 Directorate of Compliance Programs

Subject: 29 CFR 1910.119, Process Safety Management of Highly Hazardous Chemicals--Compliance Guidelines and Enforcement Procedures

A. Purpose. This instruction establishes uniform policies, procedures, standard clarifications, and compliance guidance for enforcement of the standard for Process Safety Management of Highly Hazardous Chemicals, 29 CFR 1910.119 ("PSM standard"), and amendments to the standard for Explosives and Blasting Agents, 29 CFR 1910.109.

B. Scope. This instruction applies OSHA-wide.

C. References.

1. 29 CFR 1910.119, Process Safety Management of Highly HazardousChemicals; Final Rule; February 24, 1992, Federal Register Vol. 57,No. 36, pp. 6356-6417.

2. OSHA Instruction CPL 2.45B, June 15, 1989, the Field OperationsManual (FOM).

3. OSHA Instruction STP 2.22A, CH-2, January 29, 1990, State PlanPolicies and Procedures Manual.

4. OSHA Instruction CPL 2.94, July 22, 1991, OSHA Response toSignificant Events of Potentially Catastrophic Consequence.

5. OSHA Instruction ADM 1-1.12B, December 29, 1989, IntegratedManagement Information System (IMIS) Forms Manual.

D. Cancellation. This instruction cancels:

1. OSHA Instruction CPL 2-2.45, September 6, 1988, Systems SafetyEvaluation of Operations with Catastrophic Potential.

2. OSHA Notice CPL 2, March 9, 1992, Special Emphasis Program inPetrochemical Industries, Standard Industrial Classification (SIC) Codes2821, 2869, and 2911.

E. Action. OSHA Regional Administrators and Area Directors shallensure that all compliance and enforcement activities related to the PSMstandard adhere to the guidelines of this instruction.

F. Federal Program Change. This instruction describes a Federalprogram change which affects State programs. Each Regional Administratorshall:

1. Ensure that a copy of this change is promptly forwarded to eachState designee, using a format consistent with the Plan Change Two-WayMemorandum in Appendix P of OSHA Instruction STP 2.22A, CH-3.

2. Explain the technical content of this change to the Statedesignees as requested.

3. Advise the State designees that, in order to ensure uniformenforcement of the Explosives and Blasting Agents Standard and the ProcessSafety Management of Highly Hazardous Chemicals Standard addressed by thisinstruction, State implementation of the procedures in this instruction, orcomparable State procedures, must be carefully coordinated withOSHA.

4. Coordinate with the State to ensure appropriate staff training(as discussed at I.4. of this instruction), participation in theProgram-Quality-Verification inspection scheduling process (as discussed atJ.3.d. of this instruction), and to provide appropriate technicalassistance.

5. Ensure that State designees are asked to acknowledge receipt ofthis Federal program change in writing to the Regional Administrator as soonas the State's intention is known, but not later than 70 calendar days afterthe date of issuance (10 days for mailing and 60 days for response). Thisacknowledgment must include the State's intention to follow OSHA's policiesand procedures described in this instruction, or a description of the State'salternative policy and/or procedure which is "at least as effective" as theFederal policy and/or procedure.

6. Ensure that the State designees submit a plan supplement, inaccordance with OSHA Instruction STP 2.22A, CH-2, as appropriate, followingthe established schedule that is agreed upon by the State and the RegionalAdministrator to submit non-Field Operations Manual/Technical Manual FederalProgram Changes.

a. If the State intends to follow the revised inspectionprocedures described in this instruction, the State must submit either arevised version of this instruction, adapted as appropriate to referenceState law, regulations and administrative structure, or a cover sheetdescribing how references in this instruction correspond to the State'sstructure. The State's acknowledgment letter may fulfill the plan supplementrequirement if the appropriate documentation is provided.

b. If the State adopts an alternative to Federal enforcementinspection procedures, the State's plan supplement must identify and providea rationale for all substantial differences from Federal procedures in orderfor OSHA to judge whether a different State procedure is as effective as thecomparable procedure.

7. After Regional review of the State plan supplement andresolution of any comments thereon, forward the State submission to theNational Office in accordance with established procedures. The RegionalAdministrator shall provide a judgment on the relative effectiveness of eachsubstantial difference in the State plan change and an overall assessmentthereon with a recommendation for approval or disapproval by the AssistantSecretary.

8. Review policies, instructions, and guidelines issued by theStates to determine that this change has been communicated to State programpersonnel.

G. Background. On February 24, 1992, OSHA promulgated the FinalRule for Process Safety Management of Highly Hazardous Chemicals. Thisstandard originally became effective on May 26, 1992. An administrative staydelayed the effective date of paragraphs (f), (h), (j), and (l) until August26, 1992. That stay has expired and the stayed provisions are now fullyeffective.

1. In recent years, a number of catastrophic accidents in thechemical industry have drawn attention to the safety of processes involvinghighly hazardous chemicals. OSHA has determined that employees have been andcontinue to be exposed in their workplaces to the hazards of releases ofhighly hazardous chemicals which may be toxic, reactive, flammable, orexplosive.

2. The requirements of the PSM standard are intended to eliminateor mitigate the consequences of such releases. The standard emphasizes theapplication of management controls when addressing the risks associated withhandling or working near hazardous chemicals.

3. In addition, the PSM standard has been developed in fulfillmentof OSHA's obligation under the Clean Air Act Amendments (CAAA) of 1990,section 304(a). The final rule is consistent with the mandate of theCAAA.

4. It is anticipated that joint inspection activities related tothe PSM standard will arise between OSHA, the Environmental ProtectionAgency, and the Chemical Safety and Hazard Investigation Board, which wasmandated by the CAAA.

H. Enforcement Activity Related to the PSM Standard--Types ofInspections. 29 CFR 1910.119 has broad applicability to potentiallyhazardous processes that may exist in a wide variety of industries. Accordingly, enforcement activities related to the PSM standard--either todetermine if an employer is covered by the standard or to assess theemployer's compliance with it--may take place in any of the inspection typesdescribed below. The following guidelines shall apply to PSM-relatedcompliance activity:

1. Program-Quality-Verification (PQV) Inspections. Theprimary enforcement model for the PSM standard shall be the PQV inspection,as described at K. and L. of this instruction. Programmed PQV inspectionsshall be scheduled as described at J. of this instruction.

2. Other Programmed Inspections: Screening for PSMCoverage. In all programmed safety and health inspections in generalindustry, a determination shall be made as to whether the establishment iscovered by the PSM standard.

a. This determination shall follow the criteria presented at29 CFR 1910.119(a), including appropriate reference to Appendix A of1910.119. The determination may be made in conjunction with an assessment ofthe employer's Hazard Communication program.

b. If the establishment is found to be covered by thestandard:

(1) It shall be further determined if the establishment isincluded in the universe of affected establishments from which PQVinspections may be scheduled. (See J. of thisinstruction.)

(a) Copies of the OSHA publications "Process SafetyManagement," OSHA Publication 3132, which also contains the full text of1910.119; and "Process Safety Management--Guidelines for Compliance;"and

(b) A letter notifying the employer that the subjectestablishment is covered by the PSM standard and may be inspected under thestandard. The letter shall also emphasize the employer's obligation tocomply with the standard. An example of such a letter is provided asAppendix F of this instruction.

c. The Area Director shall ensure proper coding of the OSHA-1(as described at Q. and Appendix H of this instruction) to identify theestablishment as either known to be covered by the PSM standard or known notto be covered by the standard.

3. Unprogrammed PSM-related Inspections. In allunprogrammed inspection activity relating to the PSM standard, adetermination shall be made as to whether the establishment is covered by 29CFR 1910.119.

a. If a formal complaint or referral relating to the PSMstandard is received regarding any workplace classified in one of the SICcodes listed at Appendix C of this instruction, the complaint or referralitem(s) shall be investigated and:

(1) All programs required by the PSM standard shall bescreened for obvious violations; and

(2) A CSHO referral for a PQV inspection shall beconsidered if major deficiencies are indicated. This determination shall bedocumented in the case file.

b. Investigations of formal, PSM-related complaints andreferrals in establishments in all other SIC codes shall normally be limitedto the complaint item(s) only, unless violations related to the complaint orreferral items are found.

4. Responses to Accidents and Catastrophes. Responses toaccidents and catastrophes involving PSM shall follow the guidelinescontained in Chapter VIII of the FOM and--where appropriate--in OSHAInstruction CPL 2.94, "OSHA Response to Significant Events of PotentiallyCatastrophic Consequence," in addition to the guidelines of this instruction. If the workplace is classified in one of the SIC codes listed at Appendix Cof this instruction, a PQV inspection shall be considered; the reasons forthe determination shall be documented in the case file.

5. All Other Inspections. Normally, there shall be noPSM-related activity on any inspection other than those described at H.1.through H.4., above.

I. Inspection Resources. Appropriate levels of staff training andpreparation are essential for compliance activities relating to the PSMstandard. In particular, it is anticipated that PQV inspections will behighly resource-intensive; they will therefore require careful planning andcoordination. The recommendations included as Appendix G of this instructionmay be used as a guide for such planning.

1. PQV Team Leaders ("Level One"). Only trained compliancesafety and health officers (CSHOs) with experience in the chemical industry(and/or the explosives industry, as appropriate) shall be assigned to lead aPQV inspection under this standard.

a. As a minimum, this training must include the OSHA TrainingInstitute's Course 330, "Safety and Health in the Chemical ProcessingIndustries," and Course 340, "Hazard Analysis in the Chemical ProcessingIndustries." A section of Course 340 will deal with explosivesmanufacture.

NOTE: (1) Due to a significant change in course content,completion of Course 330 prior to Fiscal Year 1991 does not meet thisrequirement for PQV team leaders.

(2) All CSHOs who will serve as PQV team leaders shouldhave additional advanced training such as that offered by the NationalInstitute of Standards and Technology and the U.S. Bureau ofMines.

b. Team leaders must have prior experience in the chemicalindustry. This experience should include experience obtained fromaccident/explosion investigations in chemical or petrochemical plants,through previous chemical inspections involving process safety managementevaluation, or through previous chemical industry employment.

c. For PQV inspections of explosives manufacturers, teamleaders shall have had experience in the explosives industry.

2. PQV Team Members ("Level Two"). CSHOs may be assignedas PQV team members, or to conduct unprogrammed inspections in workplaces inthe targeted SIC codes listed in Appendix C of this instruction, if they have2 years of OSHA inspection experience or the equivalent and have completedCourse 330, "Safety and Health in the Chemical Processing Industries"(including offerings of this course prior to Fiscal Year 1991) and Course340, "Hazard Analysis in the Chemical Processing Industries."

3. CSHOs With Less Training. Complaint and otherunprogrammed inspections pertaining to some sections of the standard may beconducted by CSHOs who do not have the training and experience described atI.1. or I.2., above, but who are experienced in evaluating other programmaticstandards such as hazard communication and lockout/tagout and in evaluatingrespirator programs.

a. The following sections of 29 CFR 1910.119 may beappropriately evaluated by such CSHOs:

* (g) Training.

* (h) Contractors.

* (k) Hot work permits.

b. Such CSHOs shall make full utilization of Technical Supportresources at the Regional Office and National Office levels in arriving atdecisions regarding compliance or noncompliance.

c. Nevertheless, to the extent possible, Area Directors shallattempt to utilize CSHOs with experience and training in the chemicalindustry to perform such unprogrammed inspections.

4. State Plan States. Each State shall have one or moreCSHOs trained to meet the requirements for PQV team leaders and anappropriate number of qualified team members. OSHA will provide technicalassistance, as needed, through the Regional Office, Health Response Team, andthe Office of Construction and Engineering.

J. PQV Inspection Scheduling. Due to the resource-intensive natureof inspections for compliance with the PSM standard, the Agency will be ableto perform only a limited number of PQV inspections (as described at K. andL. of this instruction) each year. A special targeting and scheduling systemis therefore necessary to maximize the effective use of inspection resources.

1. Targeting. OSHA wishes to make the most effective useof its limited resources, and therefore will use the factors listed below indetermining the SIC codes to be inspected. OSHA will select the SICs thathave experienced the greatest number of accidents/incidents as determinedfrom these three sources:

a. Published insurance industry reports of majoraccidents/incidents.

b. IMIS data, including the OSHA-170 Investigation SummaryFile.

c. EPA Accident Release Information Program (ARIP)data.

2. Current Targeted SICs. A list of targeted SIC codesbased on current data, as described at J.1., is included as Appendix C ofthis instruction. This Appendix may be updated periodically.

3. Scheduling. PQV inspections shall be scheduled asfollows:

a. Using the list of SICs determined as described at J.1.above, the Office of Statistics shall annually create an initial listincluding all known establishments within each of the identified SICs foreach Region. This list shall be organized by establishment, by establishmentsize, by corporate identity (as determined through a commercially availablesource), and by State.

b. The Directorate of Compliance Programs shall forward theinitial lists to the appropriate Regions. A Region may add to its initiallist establishments that are known to be in the identified SICs and to havemore than 10 employees.

c. Within 30 days of receipt of the initial list, each Regionshall select five candidates for a PQV inspection and shall forward theresulting list, together with documentation supporting the selections, to theDirectorate of Compliance Programs. The Regions shall base their selectionon such factors as:

(2) Age of the facility.

(3) Known toxicity of chemicals used in the facility' sprocesses.

(4) Frequency of media reports of releases or otherincidents at the facility.

(5) Local EPA information.

(6) Past OSHA history of the facility, including complaintsreceived and/or followup inspections due.

(7) Information from local/municipal firedepartments.

NOTE: The Regions need not make a determination on eachof these factors for each establishment on their initial list; however, theirselections for candidates shall be thoroughly documented.

d. Beginning with Fiscal Year 1994, Regional Administratorsshall provide to each State designee a copy of the establishment list withintheir State. Each State shall nominate one establishment for a PQVinspection or provide an explanation of why a PQV inspection should not bescheduled in their State. Regional Administrators shall include thesecandidates with their regional submission (i.e., in addition to the fivecandidates submitted by each Region) to the Directorate of CompliancePrograms, together with their assessment and recommendation as to whether theState's candidate should be included in the national selection and as to theState's degree of readiness to conduct the inspectionindependently.

e. Within 60 days of the receipt of the candidate lists fromthe Regions, the Directorate of Compliance Programs shall notify each Regionof the final list of establishments from which PQV inspections are to bescheduled.

(1) The selections for the Regional lists shall be made bythe Directorate of Compliance Programs in coordination with the Office ofField Programs. The selections shall be based on:

(a) Emphasis on a corporate approach, to giveinspection priority to the maximum number of different corporations, ratherthan targeting multiple inspections in the same corporation;and

(b) Regional resources and inspection goals;and

(2) Inspection goals (actual numbers) are to be set in theannual Field Operations Program Plan between Regions and the Office of FieldPrograms.

(3) The number of establishments selected may vary fromRegion to Region, because OSHA plans to focus more PQV inspections in Regionswith higher concentrations of high-hazard industries affected by thestandard.

(4) The selections from the States' list shall becoordinated with the Office of State Programs. Regional Administrators shallinclude full discussion and coordination with the affectedStates.

4. Deletion Criteria. An establishment shall be deletedfrom the list if it:

a. Has received a substantially complete systems safetyinspection or PQV inspection within the current or the preceding 5 calendaryears; or

b. Is included in a corporate settlement agreement requiringappropriate management systems for process safety; or

c. Is a VPP participant; or

d. Is a corporate office/headquarters and is not engaged inactual production or physical research operations; or

e. Has been identified in the wrong SIC code or is out ofbusiness; or

f. Is not covered because of exclusions in the PSM standard;or

g. Has been the subject of a PSM-related inspection (complaintor referral) in the preceding year during which PSM programs were screenedand a referral for a PQV inspection was not made.

NOTE: Determination for deletion shall be madeinitially, to the extent possible, at the National Office level when the listis prepared; and/or subsequently, as necessary, at the Regional Office levelbased on local knowledge (e.g., recent inspections, Area Office screening,State Manufacturers' Guide).

5. Local Emphasis Programs. Some Regions may haverelatively few establishments in the targeted SIC codes listed in Appendix C. Regional Administrators therefore may propose a Local Emphasis Program todirect Regional PSM inspections resources to industry types that may not becovered by the targeted SIC codes. Such Local Emphasis Programs shall besubmitted to the Directorate of Compliance Programs for approval inaccordance with the FOM, Chapter II.

K. Scope of PQV Inspection. Comprehensive inspections under thePSM standard shall evaluate the procedures used by the employer and theprocess-related contract employers to manage the hazards associated withprocesses using highly hazardous chemicals. Normally, these inspections willembody a three-fold approach, which for reference is termedProgram-Quality-Verification (PQV).

1. First, the employer's and the contract employers'Program for complying with each of the listed elements of the PSMstandard shall be evaluated in accordance with the PSM Audit Guidelinescontained in Appendix A of this instruction. (See also M. of thisinstruction.)

2. Second, the Quality of the employer's and the contractemployers' procedures shall be compared to acceptable industry practices asdescribed in the standard to determine compliance.

3. Third, Verification of the employer's and the contractemployers' effective implementation of the program can be made through reviewof written programs and records of activity, interviews with employees atdifferent levels, and observation of site conditions. The team leader shallselect one or more processes as described at L.7. of this instruction toperform the verification portion of the inspection.

L. PQV Inspection Procedures. The procedures given in the FOM,Chapter III, shall be followed except as modified in the following sections:

1. Opening Conference. Where appropriate, the facilitysafety and health director, Process Safety Manager, or other person capableof explaining the company's Process Safety Management Program shall beincluded in the opening conference.

a. During the opening conference, CSHOs shall familiarizethemselves with the establishment's emergency response procedures andemergency alarms.

b. CSHOs shall also request that the managementrepresentative(s) provide them with a reasonably detailed overview of thechemical (and, where applicable, explosives) process and/or manufacturingoperations at the facility, including block flow and/or process flow diagramsindicating chemicals and processes involved.

2. PSM Overview. Prior to beginning the walkaroundinspection, the CSHOs shall request an explanation of the company's ProcessSafety Management Program including, at a minimum:

a. How the elements of the standard are implemented;

b. Personnel designated as responsible for implementation ofthe various elements of the standard; and

c. A description of company records used to verify compliancewith the standard.

3. Initial Walkaround. After this familiarization, theinspection may begin with a brief walkaround inspection of those portions ofthe facility within the scope of the standard. Additional walkaroundactivity may be necessary after selection of the process unit(s). Thepurpose of the initial walkaround is to:

a. Give CSHOs a basic overview of the facilityoperations;

b. Allow CSHOs to observe potential hazards such as pipeworkin risk of impact, corroded or leaking equipment, unit or control roomsiting, and location of relief devices; and

c. Solicit input from the employee representative concerningpotential PSM program deficiencies.

4. Personal Protective Equipment (PPE). In addition tonormal inspection protective equipment, CSHOs conducting these inspectionsshall be provided with flame retardant coveralls for protection from flashfires and with NIOSH-approved emergency escape respirators for use during anyemergency conditions. PPE shall be appropriate to the environment at theworkplace. Special equipment will be necessary in environments containingexplosive materials.

a. CSHOs shall wear flame-retardant coveralls in all areas ofthe plant where there is potential for flash fires and as may be required bycompany policy.

NOTE: Clothing made of hazardous synthetic fabricsshould not be worn underneath flame-retardant coveralls.

b. CSHOs shall carry emergency escape respirators, whennecessary, during the walkaround portion(s) of the inspection. CSHOsconducting these inspections shall have received proper training in the useof emergency escape respirators.

c. CSHOs shall be provided with appropriate alert monitorsapproved for the environment where they will be used (e.g., HCN, Cl2) wheresuch devices are necessary.

d. CSHOs shall ensure that any still cameras and/or videocameras are intrinsically safe for use in the process areas beinginspected.

NOTE: CSHOs may use video cameras equipped with atelephoto lens from outside classified areas and/or still cameras withoutbatteries.

5. Documentation to be Requested--General and ProcessRelated. At the conclusion of the opening conference, the CSHO shallrequest access to or copies of the documents listed at L.5.a. through L.5.m.below. Initially, to expedite the inspection process, only access todocuments should be requested. During the inspection, as potentialviolations of the standard are observed, copies of the written documentationdescribed below shall be requested to substantiate citations.

a. OSHA 200 Logs for the past 3 years for both the employerand all process-related contractor employer(s).

b. Employer's written plan of action regarding theimplementation of employee participation.

c. Written process safety information for the unit(s) selected(see L.7.), if available, such as flow diagrams, piping and instrumentationdiagrams (P&ID's), and process narrative descriptions.

NOTE: The employer is required to compile process safetyinformation on a schedule consistent with the employer's schedule forconducting the process hazard analyses (PHA).

d. Documented priority order and rationale for conductingprocess hazard analyses; copies of any process hazard analyses performedafter May 25, 1987; team members; actions to promptly address findings;written schedules for actions to be completed; documentation of resolution offindings; documentation verifying communication to appropriate personnel; and5-year revalidation of original PHA required by standard.

e. Written operating procedures for safely conductingactivities in each selected unit; annual certification that operatingprocedures are current and accurate; written procedures describing safe workpractices for potentially hazardous operations, including (but not limitedto) lockout/tagout, confined space entry, lifting equipment over processlines, capping over ended valves, opening process equipment or piping,excavation, and control over entrance into a facility of maintenance,laboratory, or other support personnel.

f. Training records for initial and refresher training for allemployees in the selected unit(s) whose duties involve operating a process;methods for determining the content of the training; methods for determiningfrequency of refresher training; certification of required knowledge, skills,and abilities to safely perform job for employees already involved inoperating a process on May 26, 1992, who have not received initial training;and training material.

g. Pre-startup safety review for new facilities and formodified facilities when the modification is significant enough to require achange in the process safety information; documentation of employeetraining.

h. Written procedures and schedules to maintain the ongoingintegrity of process equipment; the relevant portions of applicablemanufacturers' instructions, codes, and standards; and inspection and testsperformed on process equipment in the unit(s) selected.

i. Hot work permit program and active permits issued for theunit(s) selected.

j. Written procedures to manage change to process chemicals,technology, equipment and procedures; and changes to facilities that affect acovered process.

k. Incident investigation reports for the unit(s) selected,resolutions and corrective actions.

l. Written emergency action plan including procedures forhandling small releases and evidence of compliance with 1910.120(a), (p), and(q), where applicable.

m. The two most recent compliance audit reports, appropriateresponses to each of the findings, and verifications that deficiencies havebeen corrected.

6. Documentation to be Requested--Contractor-Related. Thefollowing information relating to contractor compliance shall berequested:

a. Documentation from Employer:

(1) Information relating to contract employers' safetyperformance and programs;

(2) Methods of informing contract employers of knownpotential hazards related to contractor's work and the process and applicableprovisions of the emergency action plan;

(3) Safe work practices to control the entrance, presenceand exit of contract employers and contract employees in covered processareas;

(4) Evaluation of contractor employer performance infulfilling responsibilities required by the standard;

(5) Contract employee injury and illness logs related towork in process areas; and

(6) A list of unique hazards presented by contractors' workor hazards found in the workplace that have been reported to theemployer.

b. Documentation from Contract Employer:

(1) Records showing employees receive training in andunderstand safe work practices related to the process on or near which theywill be working to perform their jobs safely;

(2) Known potential fire, explosion or toxic releasehazards related to job, and applicable provisions of emergency action plan;and

(3) A list of unique hazards presented by contractors' workor hazards found in the workplace that have been reported to theemployer.

NOTE: The documentation described at L.5. and L.6.a. mayalso be required of the contract employer, depending on the scope of thecontract employer's activities.

7. Selection of Process(es). The team leader shall selectone or more processes within which to evaluate compliance with the standard. This selection shall be based on the factors listed below, and shall bedocumented in the case file:

a. Factors observed during the walkthrough;.

b. Incident reports and other history;

c. Company priorities for or completed process hazard analyses(PHA);

d. Age of the process unit;

e. Nature and quantity of chemicals involved;

f. Employee representative input;

g. Current hot work, equipment replacement, or othermaintenance activities; and

h. Number of employees present.

M. Compliance Guidelines for Specific Provisions of 29 CFR1910.119. Guidelines for assessing compliance with the provisions of thePSM standard are provided in Appendix A of this instruction.

1. CSHOs shall use the guidance contained in Appendix A during allenforcement activities related to the PSM standard.

2. Clarifications and interpretations are provided in Appendix Bof this instruction. Appendix B (or a subsequent revision) shall normally bethe first point of reference in interpreting 29 CFR 1910.119.

NOTE: Appendix B will be updated on an ongoing basis throughpage changes to this instruction, as more interpretations are developed. CSHOs must therefore take care to ensure that their reference copies areup-to-date.

N. Citations. Citations for violations of the PSM standard shallbe issued in accordance with the FOM, Chapters IV and V, with the followingadditional directions:

1. Classification. The requirements of the PSM standardare intended to eliminate or mitigate the consequences of releases of highlyhazardous chemicals. The provisions of the standard present closelyinterrelated requirements, emphasizing the application of management controlswhen addressing the risks associated with handling or working near hazardouschemicals.

a. Any violation of the PSM standard, therefore, is acondition which could result in death or serious physical harm toemployees.

b. Accordingly, violations of the PSM standard shall normallynot be classified as "other-than-serious."

2. Use of Appendix A. Appendix A, PSM Audit Guidelines, isconstructed as a series of questions relating to each of the pertinentprovisions of the standard.

a. The questions are designed to elicit a determination of"Yes" or "No" by the CSHO as to whether compliance with the provision hasbeen met.

b. A determination of "No" for any provision indicatesnoncompliance; thus, any "No" shall normally result in a citation for aviolation of that provision.

c. The CSHO shall thoroughly document each such determinationin the case file.

O. Non-Mandatory Appendices to this Instruction. This instructioncontains two non-mandatory appendices that are designed to provideadditional compliance assistance.

1. Appendix E is still being developed and is designated as"Reserved."

2. Appendix G, Recommended Guidelines for PQV InspectionPreparation, is intended as an aid to Regional and Area Offices in planningresources for PQV and other PSM related inspections.

P. Evaluation. Each Region shall develop a preliminary evaluationof the effectiveness of this program and submit it to the Directorate ofCompliance Programs no later than September 30, 1995. The report shallinclude, at a minimum, the following items:

1. The utility of the PSM audit guidelines used in AppendixA.

2. An assessment of the accuracy of targeting information.

3. An estimate of total resources (CSHO, supervisory,administrative and legal) that were required to conduct eachinspection.

Q. Recording in IMIS. Information about PSM-related inspectionsshall be recorded in IMIS following current instructions given in the IMISmanual. Refer to Appendix H of this instruction for additional guidance.

Joseph A. Dear Assistant Secretary

DISTRIBUTION: National, Regional, and Area Offices All Compliance OfficersState Designees NIOSH Regional Program Directors 7(c)(1) Consultation ProjectManagers OSHA Training Institute

Purpose.

This appendix contains audit guidelines intended to assist the CSHO ininvestigating an employer's compliance with the PSM standard. It shall beused in conjunction with Appendix B, Clarifications and Interpretations ofthe PSM Standard, as the primary source of compliance guidance on 29 CFR1910.119.

Structure.

The guidelines present a Program Summary, Quality Criteria References, and aVerification checklist for each of the PSM elements.

1. Guidelines for paragraphs c, g, h, k, m, and n aredesigned so that CSHOs who may not be specifically trained in chemicalprocess plants or in the PSM standard can make a preliminary review of therequired elements.

2. Guidelines for elements d, e, f, i, j, l, o, and p areoriented toward more detailed investigations.

Use of the Verification Checklist.

The verification of each program element is divided into three parts: Records Review, On-Site Conditions and Interviews.

1. The Records Review section describes the documentation of the programsas required by the PSM standard. During a preliminary inspection, the CSHOshall review the documentation for the entire PSM program to ascertain thatall of the elements are developed.

2. Sections labeled On-Site Conditions and Interviews guide the CSHO inconfirming that the programs are implemented. This confirmation involvesobserving conditions and procedures, and interviewing the operators,maintenance personnel, engineering support staff, contractors and contractoremployees, as appropriate, to determine whether the implemented programmatches the program outlined by the documentation.

NOTE: Several questions in the "Interviews" sections refer tointerviewing engineers. The PSM standard does not require an employer toemploy engineers, and these questions should not be construed as imposing anew requirement that an employer do so. All questions in this appendix thatrefer to interviews of engineers shall be understood to mean "engineers, ifany, or other qualified persons capable of providing the informationrequested."

3. The CSHO shall initially perform a representative number ofobservations and interviews for elements c, g, h, k, m, and n. A moredetailed investigation will cover all 14 elements. During these detailedassessments, the CSHO shall review components from a representative number ofprocesses, if multiple processes exist. To confirm implementation, the CSHOshall compare the conditions and the interview results with both the minimumrequirements of the PSM standard and the program outlined by the employer'sdocuments.

Audit Guideline Documentation.

As noted at P.2. of the body of this instruction, the Audit Guidelines areconstructed as a series of questions relating to each of the pertinentprovisions of the standard.

1. The questions are designed to elicit a determination of "Yes" or "No"by the CSHO as to whether compliance with the provision has been met. Thisshall be indicated in the column labeled Met Y/N. A "Y" or "Yes" in thiscolumn indicates the subsection meets requirements. An "N" or "No" indicatesthe employer does not meet the standard and an "NA" signifies that thesubsection does not apply.

2. A determination of "No" for any provision indicates noncompliance;thus, any "No" shall normally result in a citation for a violation of thatprovision.

3. The CSHO shall thoroughly document each such determination in the casefile.

The Field Note Reference(s) space is used to cross-reference the PSMsubsection with the CSHO's field notes. Field notes need not be rewrittenwhen using these guidelines. The CSHO may record field note page numbers,videotape frame identification, photograph identification, and otherdocumentation that refers to the requirements of the standard's elements.

Basic Audit Information.

In order to gather the information needed to audit the program, the CSHOshall answer the following questions for each element:

Who? What? When? Where? Why? and How?

1. Who are the officials responsible for developing and implementing eachof the program elements?

2. What are the requirements and the contents of each program element?

3. When are the required actions for each element completed and when arethey required to be completed?

4. Where have actions been implemented or changed?

5. Why have the implementation decisions and priorities been made asrecorded in the PSM documentation?

6. How is the program implemented and how is the program's effectivenessevaluated and improved (monitoring performance, followup and closure ofoutstanding items, etc.)?

Interrelationship of Elements.

An essential part of verifying program implementation is to audit the flowof information and activities among the elements. When information in oneelement is changed or when action takes place in one element that affectsother elements, the CSHO shall review a sample of the related elements to seeif the appropriate changes and followup actions have taken place.

The following example demonstrates the interrelationship among the elements:

During a routine inspection of equipment (MechanicalIntegrity), the maintenance worker discovers a valve that no longer meetsthe applicable code and must be changed. Because the type of valve is nolonger made, a different type of valve must be selected and installed(Management of Change). The type of valve selected may mandatedifferent steps for the operators (Operating Procedures) who willrequire training and verification in the new procedures (Training). The rationale for selecting the type of valve must be made available forreview by employees and their representatives (EmployeeParticipation).

When the new valve is installed by the supplier(Contractors), it will involve shutting down part of the process(Pre-startup Safety Review) as well as brazing some of the lines(Hot Work Permit). The employer must review the response plan(Emergency Planning) to ensure that procedures are adequate for theinstallation hazards.

Although Management of Change provisions cover interimchanges, after the new valve is in place the Process SafetyInformation will have to be updated before the Process HazardAnalysis is updated or revalidated, to account for potential hazardsassociated with the new equipment. Also, inspection and maintenanceprocedures and training will need to be updated (MechanicalIntegrity).

In summary, 11 PSM elements can be affected by changing one valve. A CSHOwould check a representative number of these 11 elements to confirm that therequired followup activities have been implemented for the new valve.

Three key elements shall be routinely reviewed to verify that changes havebeen implemented. They are:

* Operating Procedures;

* Process Hazard Analysis; and

* Training.

These elements shall be crosschecked to see if they show that the changeshave been followed through to completion.

I. PROGRAM SUMMARY

The intent of this paragraph is to require employers to involve employees atan elemental level of the PSM program. Minimum requirements for an EmployeeParticipation Program for PMS must include a written plan of action forimplementing employee consultation on the development of process hazardanalyses and other elements of process hazard management contained within1910.119. The employer must also provide ready access to all the informationrequired to be developed under the standard.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(c): Employee Participation

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Does a written program exist regarding employee participation? [Criteria Reference .119(c)(1)]

2. Does the written program include consultation with employees and theirrepresentatives on the conduct and development of process hazard analyses andon the development of other elements in the PSM standard? [CriteriaReference .119(c)(2)]

3. Does the written program provide employees (including contractoremployees) and their representatives access to process hazard analyses andall other information developed as required by the PSM standard? [CriteriaReference .119(c)(3)]

B. On-site Conditions

Not applicable.

C. Interviews

1. Based on interviews with a representative number of employees and theirrepresentatives, have they been consulted on the conduct and development ofthe process hazard analyses? [Criteria Reference .119(c)(2)]

2. Based on interviews with a representative number of employees and theirrepresentatives, have they been consulted on the development of otherelements of the Process Safety Management program? [Criteria Reference.119(c)(2)]

3. Based on interviews with a representative number of employees(including contractor employees) and their representatives, have they beeninformed of their rights of access and provided access to process hazardanalyses and to all other information required to be developed by the PSMstandard? [Criteria Reference .119(c)(3)]

(Ask about unreasonable delays in access to information and whether time isgiven during the working hours to access information required by the PSMstandard.)

1910.119(d): PROCESS SAFETY INFORMATION

I. PROGRAM SUMMARY

The intent of this paragraph is to provide complete and accurate informationconcerning the process which is essential for an effective process safetymanagement program and for conducting process hazard analyses. Therefore inaccordance with the schedule set forth in paragraph (e)(1) the employer isrequired to compile written process safety information on process chemicals,process technology, and process equipment before conducting any processhazard analysis.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(d): Process Safety Information B. 1910.119(e)(1): Process Hazard Analysis C. 1910.1200: HazardCommunication

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Has written process safety information been compiled before conductingany process hazard analysis (PHA)? [Criteria Reference .119(d)]

2. Is information included pertaining to the hazards of the highlyhazardous chemicals used or produced by the process, and does the informationinclude at least: [Criteria Reference .119(d)(1): .1200(g)]

* toxicity information * PEL's * physical data * reactivity data * corrosivity data * thermal and chemical stabilitydata * hazardous effects of inadvertent mixing of different materials thatcould foreseeably occur?

NOTE: MSDS's meeting the requirements of 29 CFR 1910.1200(g) may be used tothe extent they contain the information required.

3. Is information included concerning the technology of the process, anddoes it include at least: [Criteria Reference .119(d)(2)]

* a block flow diagram or simplified process flow diagram? * process chemistry? * maximum intended inventory? * safe upper andlower limits? * an evaluation of the consequences ofdeviations?

(Where the original technical information no longer exists, it may bedeveloped in conjunction with the PHA.)

4. Is information included pertaining to equipment in the process, anddoes it include at least: [Criteria Reference .119(d)(3)(i)]

* materials of construction? * piping and instrumentdiagrams (P&iD's)? * electrical classification? * relief system designand design basis? * ventilation system design? * design codes andstandards employed? * material and energy balances for processes builtafter May 26, 1992? * safety systems (e.g. interlocks, detection orsuppressions systems)?

5. Has the employer documented that equipment complies with recognized,generally accepted good engineering practices? [Criteria Reference.119(d)(3)(ii)]

(Review the documentation for evidence that compliance with the appropriateconsensus standards has been researched.)

6. Has the employer determined and documented that existing equipmentdesigned and constructed in accordance with codes, standards, or practices nolonger in general use are designed, maintained, inspected, tested, andoperating in a safe manner? [Criteria Reference .119(d)(3)(iii)]

(Documentation may be through methods such as: documenting successful prioroperation procedures; documenting that the equipment is consistent with theappropriate editions of codes and standards; or performing an engineeringanalysis to determine that the equipment is appropriate for its intendeduse.)

B. On-site Conditions

1. Do observations of a representative sample of process chemicals andequipment indicate that the process information is complete? [CriteriaReference .119(d)]

(Information that does not correspond to the actual conditions demonstratesincomplete information. Check critical equipment and components to see ifthey have been properly identified.

2. Do observations of a representative sample of process componentsindicate that the process complies with recognized and generally acceptedgood engineering practice? [Criteria Reference .119(d)(3)(ii)]

(Review a representative number of safety devices such as pressure reliefdevices for proper sizing according to the maximum anticipated pressure.)

3. Do observations of a representative sample of the existing equipmentdesigned and constructed according to codes, standards, or practices nolonger in general use indicate that this equipment is inspected and isoperated in a safe manner (as documented by the employer)? [CriteriaReference .119(d)(3)(iii)]

C. Interviews

Process Hazard Analysis (PHA) Team: 1. Based on interviews with arepresentative number of PHA team members, was the process safety informationcomplete before the process hazard analysis was conducted? [CriteriaReference .119(d)]

Operators: 2. Based on interviews with a representative number ofoperators, is MSDS information readily available to the operators who workwith hazardous materials? [Criteria Reference .1200]

Engineers (if any; or other qualified persons capable of providing theinformation requested; see Note, p. A-2): 3. Based on interviews with arepresentative number of engineers, has the employer documented that theprocess equipment complies with recognized and generally accepted goodengineering practice? [Criteria Reference .119(d)(3)(ii)]

(Ask about the technical bases for design and selection of equipment, thematerials of construction, electrical classifications, relief devices sizingversus maximum anticipated pressures, installation procedures to assureequipment meets design specifications, etc.)

For more information on Process Safety Information, see Appendix D,references 8. and 9.

I. PROGRAM SUMMARY

The intent of this paragraph is to require the employer to develop athorough, orderly, systematic approach for identifying, evaluating andcontrolling processes involving highly hazardous chemicals. Minimumrequirements include: (1) Setting a priority order and conducting analysesaccording to the required schedule; (2) Using an appropriate methodology todetermine and evaluate the process hazards; (3) Addressing process hazards,previous incidents with catastrophic potential, engineering andadministrative controls applicable to the hazards, consequences of failure ofcontrols, facility siting, human factors, and a qualitative evaluation ofpossible safety and health effects of failure of controls on employees; (4)Performing PHA by a team with expertise in engineering and processoperations, the process being evaluated, and the PHA methodology used; (5)Establishing a system to promptly address findings and recommendations,assure recommendations are resolved and documented, document action taken,develop a written schedule for completing actions, and communicate actions tooperating, maintenance and other employees who work in the process or mightbe affected by actions; (6) Updating and revalidating PHA's at least every 5years; and (7) Retaining PHA's and updates for the life of the process.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(e): Process Hazard Analysis

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Has the employer determined and documented a priority order forconducting initial PHA's based on a rationale that includes at least thesefactors: [Criteria Reference .119(e)(1)]

* the extent of process hazards * number of potentiallyaffected employees * age of process * operating history?

2. Are the initial PHA's for processes covered by the PSM standard beingperformed as soon as possible? [Criteria Reference .119(e)(1)]

3. Does the priority schedule for PHA's assure that all initial PHA's willbe performed by 5/26/97 and that: [Criteria Reference .119(e)(1)]

* No less than 25% of the PHA's shall be completed by5/26/94? * No less than 50% of the PHA's shall be completed by 5/26/95? * No less than 75% of the PHA's shall be completed by 5/26/96?

(PHA's completed after May 26, 1987 which meet the requirements of thisparagraph are acceptable as initial PHA's; they must be updated andrevalidated at least every 5 years.)

4. Does the hazard evaluation use one or more of the following PHAmethodologies: [Criteria Reference .119(e)(2)]

* What-if? * Checklist? * What-if/Checklist? * Hazard & Operability Study (HAZOP)? * Failure Mode and Effects Analysis(FMEA)? * Fault Tree Analysis (FTA)? * Other appropriatemethodology?

(See Appendix B for a discussion of appropriate methodologies).

5. Does the PHA address the following: [Criteria Reference .119(e)(3)]

* The hazards of the process? * Previous incidents withlikely potential for catastrophic consequences? * Consequences of failureof engineering and administrative controls?

(For example, potential injury, maximum release of hazardous materials,property damage, etc.)

5. (Continued) Does the PHA address the following: [Criteria Reference.119(e)(3)]

* Engineering and administrative controls applicable to thehazards and their interrelationships?

(Such controls may include appropriate application of detectionmethodologies to provide early warning of releases; inventory reduction;substitution of less hazardous materials; protective systems such as deluges,monitors, foams; increased separation distances; modification of the processtemperature or pressure; redundancy in instrumentation; etc.)

* Facility siting?

(Review calculations, charts, and other documents that verify facilitysiting has been considered. For example, safe distances for locating controlrooms may be based on studies of the individual characteristics of equipmentinvolved such as: types of construction of the room, types and quantities ofmaterials, types of reactions and processes, operating pressures andtemperatures, presence of ignition sources, fire protection facilities,capabilities to respond to explosions, drainage facilities, location of freshair intakes, etc.)

* Human factors?

(Such factors may include a review of operator/process andoperator/equipment interface, the number of tasks operators must perform andthe frequency, the evaluation of extended or unusual work schedules, theclarity and simplicity of control displays, automatic instrumentation versusmanual procedures, operator feedback, clarity of signs and codes, etc.)

* A qualitative evaluation of a range of possible safety andhealth effects of failure of controls on employees in theworkplace?

6. Are the process hazard analyses performed by teams with expertise inengineering and process operations, including at least one employee withexperience and knowledge specific to the process being evaluated and onemember knowledgeable in the specific PHA methodology used? [CriteriaReference .119(e)(4)]

7. Has a system been established to promptly address the team's findingsand recommendations? [Criteria Reference .119(e)(5)]

Review a representative sample of the documentation. Has the system beenable to:

* Assure that the recommendations are resolved and documentedin a timely manner?

* Document actions to be taken?

* Complete actions as soon as possible?

* Develop a written schedule of when actions are to becompleted?

* Communicate the actions to operating, maintenance and otheremployees whose work assignments are in the process and who may be affectedby the recommendations or actions?

8. Are the PHA's updated and revalidated at least every five years by aqualified team meeting the requirements in paragraph (e)(4), to assure thatthe process hazard analysis is consistent with the current process? [Criteria Reference .119(e)(6)]

9. Are all initial PHA's, updates or revalidations, and documentedresolutions of recommendations kept for the life of the process? [CriteriaReference .119(e)(7)]

B. On-site Conditions

1. Do observations of a representative sample of process-related equipmentindicate that obvious hazards have been identified, evaluated, andcontrolled? [Criteria Reference .119(e)(1)]

(For example, hydrocarbon or toxic gas monitors and alarms are present;electrical classifications are consistent with flammability hazards; destructsystems such as flares are in place and operating; control room siting isadequate or provisions have been made for blast resistant construction,pressurization, alarms, etc.; pressure relief valves and rupture disks areproperly designed and discharge to a safe area; pipework is protected fromimpact; etc.)

2. Do observations of a representative sample of process-related equipmentindicate that PHA recommendations have been promptly resolved? [CriteriaReference .119(e)(5)]

C. Interviews

PHA Team Member: 1. Based on interviews with a representativenumber of the PHA team members, are the PHA methodologies used appropriatefor the complexity of the process? [Criteria Reference .119(e)(1)]

2. Based on interviews with a representative number of the PHA teammembers, is the priority order for conducting PHA's based on the extent ofthe process, the number of potentially affected employees, the age of theprocess, and the operating history of the process? [Criteria Reference.119(e)(1)]

3. Based on interviews with a representive number of the PHA team members,have the following been addressed: [Criteria Reference .119(e)(3)]

* The hazards of the process? * Previous incidents withlikely potential for catastrophic consequences? * Engineering andadministrative controls applicable to the hazards? * Consequences ofcontrol failures? * Facility siting? * Human factors? (Ask about shiftrotations, extended schedules, and other possible sources of error.) * Aqualitative evaluation of a range of possible safety and health effects offailure of controls on employees in the workplace?

4. Based on interviews with a representative number of the PHA teammembers, do the members have the appropriate expertise in engineering,process operations, and the process methodology used? Does one member of theteam have experience and knowledge in the specific process? [CriteriaReference .119(e)(4)]

5. Based on interviews with a representative number of the PHA teammembers, does the system established by the employer address the team'sfindings and recommendations promptly? [Criteria Reference .119(e)(5)]

Operators and maintenance: 6. Based on interviews with arepresentative number of operator and maintenance employees, have the PHA'saddressed the recognized hazards of the process and previous incidents whichhad a likely potential for catastrophic consequences? [Criteria Reference.119(e)(3)]

7. Based on interviews with operator, maintenance, and other employees whomay be affected by PHA recommendations, have actions taken to resolve PHA (5)findings been communicated to these employees? [Criteria Reference.119(e)(5)]

For more information on PHA, see Appendix D, references: 8.; 9.; 10.; 11.;12.; 13.; 14.; 15.; 16.; 17.; 25.; 26.; 27, Part I, Section UG-125; 31.; 32.;and 33.

I. PROGRAM SUMMARY

The intent of this paragraph is to provide clear instruction for conductingactivities involved in covered processes that are consistent with the processsafety information. The operating procedures must address steps for eachoperating phase, operating limits, safety and health considerations, andsafety systems and their functions.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(f) D. 1910.1000 B. 1910.120 E. 1910.1200 C.1910.147

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Do written operating procedures exist for each covered process? Do theprocedures provide clear instructions for conducting activities safely? [Criteria Reference .119(f)(1)]

2. Do the operating instructions address, as a minimum, step for eachoperating phase, including: [Criteria Reference .119(f)(1)(i)] * Initialstart-up? * Normal operations? * Temporary operations? * Emergencyshutdowns? * Conditions requiring emergency shutdown? * Assignment ofshutdown responsibility to qualified operators? * Emergency operations? * Normal shutdown? * Start-ups following a turnaround or emergencyshutdown?

3. Do the operating procedures include operating limits that outlineconsequences of process deviation and steps required to correct or avoiddeviations? [Criteria Reference .119(f)(1)(ii)]

4. Have safety and health considerations been included in the operatingprocedures? Do they include at a minimum: [Criteria Reference.119(f)(1)(iii)]

* Properties of, and hazards presented by, chemicals used inthe process?

* Precautions necessary to prevent exposure, includingengineering controls, administrative controls, and personal protectiveequipment?

* Control measures to be taken if physical contact orairborne exposure occurs?

* Quality control for raw materials and control of hazardouschemical inventory levels?

* Any special or unique hazards?

5. Are safety systems and their functions included in the operatingprocedures? [Criteria Reference .119(f)(1)(iv)]

6. Are the operating instructions consistent with the process safetyinformation? [Criteria Reference .119(f)(1)]

7. Are operating procedures readily accessible to employees who work in ormaintain a process? [Criteria Reference .119(f)(2)]

8. Are operating procedures reviewed as often as necessary to assure thatthey reflect current operating practice? Are they certified annually by theemployer that they are current and accurate? Do they reflect currentoperating practices that have resulted from changes in: [Criteria Reference.119(f)(3)] * Process chemicals? * Technology? * Equipment? * Facilities?

9. Have safe work practices been developed and implemented for employeesand contractors to control hazards during operations such as: [CriteriaReference .119(f)(4)] * Lockout/tagout? * Confined space entry? * Opening process equipment or piping? * Control over entrance into afacility by maintenance, contractor, laboratory or other support personnel?

B. On-site Conditions

1. Does observation of a representative sample of processes indicate thatthe written operating procedures are being implemented? [Criteria Reference.119(f)(1)]

2. Does observation of a representative sample of processes indicate thatthe written operating procedures are readily accessible to employees who workor maintain a process? [Criteria Reference .119(f)(2)]

3. Does observation of a representative sample of processes indicate thatoperating procedures reflect current practice, including changes that resultfrom process chemicals, technology, equipment, and facilities? [CriteriaReference .119(f)(3)]

(Observe to see if actual procedures match the written operating procedures.)

4. Does observation of representative operations indicate that safe workpractices have been implemented for company and contractor employees? Dosuch work practices include, where appropriate: [Criteria Reference.119(f)(4)] * Lockout/tagout? * Confined space entry? * Openingprocess equipment or piping? * Control over entrance into a facility bymaintenance, contractor, laboratory, and other support personnel?

C. Interviews

1. Based on interviews with a representative number of operators, are thewritten operating procedures implemented for each covered process? [CriteriaReference .119(f)(1)]

2. Based on interviews with a representative number of operators, dooperating procedures provide clear instructions for safely conductingactivities? [Criteria Reference .119(f)(1)]

(Specifically ask for conditions requiring emergency shutdown, the operatinglimits of a particular process or item of equipment, what might occur if adeviation from those limits should take place, steps to avoid the deviation,and precautions necessary to prevent exposure to hazardous chemicals.)

3. Based on interviews with a representative number of employees who workin or maintain a process, are the operating procedures readily accessible? [Criteria Reference .119(f)(2)]

4. Based on interviews with a representative number of operators andmaintenance employees, do the operating procedures reflect current operatingpractice? [Criteria Reference .119(f)(3)]

I. PROGRAM SUMMARY

The intent of this paragraph helps employees and contractor employeesunderstand the nature and causes of problems arising from process operations,and increases employee awareness with respect to the hazards particular to aprocess. An effective training program significantly reduces the number andseverity of incidents arising from process operations, and can beinstrumental in preventing small problems from leading to a catastrophicrelease. Minimum requirements for an effective training program include: Initial Training, Refresher Training, and Documentation.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(g): Training B. 1910.119(f)(1): Operatingprocedures

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. For employees and contractor employees involved in operating a processdo initial and refresher training records exist? Do the records contain theidentity of the employee, the date of the training, and the means used toverify that the employee understood the training? [Criteria Reference.119(g)(1)(i)]

2. Has each employee and contractor employee been trained before beinginvolved in a newly assigned process (except employees involved in operatinga process prior to 5/26/92)? [Criteria Reference .119(g)(1)(i)]

3. If initial training has not been given to employees and contractoremployees involved in operating a process prior to 5/26/92, is there writtencertification that they have the required knowledge, skills and abilities tosafely carry out the duties and responsibilities specified in the operatingprocedures? [Criteria Reference .119(g)(1)(ii)]

(Review the documents to make sure the certification has not beeninvalidated by a change in duties.)

4. Has each employee and contractor employee involved in operating aprocess been trained in an overview of the process and the operatingprocedures including: [Criteria Reference .119(g)(1)(i)] * Steps for eachoperating phase? Initial startup, normal operations, temporary operations,emergency shutdown, emergency operations, normal shutdown, and startupfollowing a turnaround or emergency shutdown * Operating limits?Consequences of deviations and steps required to avoid deviations * Safetyand health considerations? Properties and hazards of chemicals used andprecautions for preventing exposure * Safety systems and their functions?

5. Has the employer consulted with employees and contractor employeesinvolved in operating the process to determine the appropriate frequency forrefresher training? Is the frequency at least once every 3 years? [CriteriaReference .119(g)(2)]

B. On-site Conditions

Verification is not required. [Criteria Reference .119(g)(1) or (2)]

C. Interviews

1. Based on interviews with a representative number of employees, hastheir training emphasized specific safety and health hazards, emergencyoperations including shutdown, and safe work practices applicable to theirtasks? [Criteria Reference .119(g)(1)(i)]

2. Based on interviews with employees named as having providedconsultation, has the employer consulted with employees involved in operatingthe process to determine the appropriate frequency of refresher training? [Criteria Reference .119(g)(2)]

I. PROGRAMS SUMMARY

The intent of this paragraph is to require employers who use contractors toperform work in and around processes that involve highly hazardous chemicalsto establish a screening process so that they hire and use contractors whoaccomplish the desired job tasks without compromising the safety and healthof employees at a facility. The contractor must assure that contractemployees are trained on performing the job safely, of the hazards related tothe job, and applicable provisions of the emergency action plan.

NOTE: The term contractor includes subcontractor.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(h) B. 1910.119(f)(4) C. 1910.119(n) D. 29 CFR1926 Subpart C (for contractors engaged in construction work) E. 1910.119Appendix C, 57 Fed. Reg. 6413/3 F. 1910.119 Appendix D, Sources 7, 9, and10

NOTE: Other provisions of 1910.119, such as (g) and (j), may alsoapply in appropriate circumstances.

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review - Employer's Program [Criteria Reference.119(h)(1)]

1. Does the program include all contractor activities that have thepotential for affecting process safety, including--but not limitedto--contractors performing maintenance or repair, turnaround, majorrenovation or specialty work on or adjacent to covered processes?

(Contractors performing incidental services which do not influence processsafety such as janitorial work, food and drink services, laundry, delivery,and other supply services need not be included However, contractorsperforming construction, demolition, equipment installation, and other workthat may affect the safety of a covered process should be included.)

2. Is the information regarding the contractor's safety performance andprograms obtained and evaluated for selection of contractors? [CriteriaReference .119(h)(2)(i), .119 Appndxs C & D]

3. Are the contract employers informed, prior to the initiation of thecontractors' work at the site, of the known potential fire, explosion, ortoxic release hazards related to the contractors' work and the processes? [Criteria Reference .119(h)(2)(ii)]

4. Are contract employers informed, prior to the initiation of thecontractors' work at the site, of the applicable provisions of the emergencyaction plan required by .119(n)? [Criteria Reference .119(h)(2)(iii)]

5. Have safe work practices to control the entrance, presence and exit ofcontract employers and contract employees in covered process areas beendeveloped and implemented? [Criteria Reference .119(h)(2)(iv); .119(f)(4)]

6. Are contract employers periodically evaluated for their performance infulfilling their obligations to: [Criteria Reference .119(h)(2)(v)]

* Assure their employees are trained in safe work practicesneeded to perform the job? * Assure their employees are instructed in theknown potential fire, explosion, or toxic release hazards related to the joband the applicable provisions of the emergency action plan? * Document therequired training and the means to verify their employees have understood thetraining? * Assure their employees follow the facility safety rules andwork practices? * Advise the employer of unique hazards presented by thecontractor's work?

7. Has the host employer ensured, through periodic evaluations, that thetraining provided to contractor employees by the contractor employer isequivalent to the training required for direct hire employees? [CriteriaReference .119(h)(2)(v)]

8. If the employer has identified deficiencies in the performance ofcontract employers, what action has the employer taken to correct thedeficiencies? [Criteria Reference .119(h)(2)(v)]

9. Does the employer maintain a contract employee injury and illness logrelated to the contractor's work in process areas? [Criteria Reference.119(h)(2)(vi)]

Records Review - Contractor's Programs

10. Are all contractor employees trained in the work practices necessary toperform their jobs safely? [Criteria Reference .119(h)(3)(i)]

11. Is each contract employee instructed in the known potential fire,explosion, or toxic release hazards related to his/her job and the processesand applicable provisions of the emergency action plan? [Criteria Reference.119(h)(3)(ii)]

12. Is there documentation that each contract employee has received andunderstands the required training? [Criteria Reference .119(h)(3)(iii)]

13. Do the contract employee training records contain the following: [Criteria Reference .119(h)(3)(iii)] * The identity of the employee? * The date of the training? * The means used to verify that the training wasunderstood?

14. Are there means to assure that contract employees follow the safetyrules of the facility, including safe work practices required in .119(f)(4)? [Criteria Reference .119(h)(3)(iv); .119(f)(4)]

(Review evidence of enforcement by the contractor.)

15. Is the employer advised of any unique hazards presented by the contractemployer's work or any hazards found by the contract employer's work? [Criteria Reference .119(h)(3)(v)]

B. On-site Conditions

1. Based on a representative sample of observations of contractoremployees, has the employer's program to control their entrance, presence,and exit been implemented? [Criteria Reference .119(h)(2)(iv)]

2. Based on a representative sample of observations of contractoremployees, do they follow the safety rules of the facility? [CriteriaReference .119(h)(3)(iv)]

(These rules include the employer's safe work practices such aslockout/tagout, confined space entry, and opening process equipment orpiping; they may also include other rules such as excavation procedures oruse of PPE.)

C. Interviews

1. Based on interviews with contractor employers, did the host employerobtain and evaluate information regarding the contractor's safety performanceand programs for selection of contractors? [Criteria Reference.119(h)(2)(i); .119 Appndxs C & D]

2. Based on interviews with contractor employers, have they been informedof the known fire, explosion, or toxic release hazards related to their workand the processes in which they are involved prior to the initiation of theirwork at the site? [Criteria Reference .119(h)(2)(ii)]

3. Based on interviews with contractor employers, have they been informedof the applicable provisions of the employer's emergency action plan prior tothe initiation of their work at the site? [Criteria Reference.119(h)(2)(iii)]

4. Based on interviews with contractor employers and employees, have workpractices to control their entrance, presence, and exit of covered processareas been implemented? [Criteria Reference .119(h)(2)(iv)]

5. Based on interviews with the contractor employer, has the employerperiodically evaluated the contractor's performance in fulfilling theobligations required in .119(h)(3) to: [Criteria Reference .119(h)(2)(v)] * Assure their employees are trained in safe work practices needed to performthe job? * Assure their employees are instructed in the known potentialfire, explosion, or toxic release hazards related to the job and theapplicable provisions of the emergency action plan? * Document therequired training and the means to verify their employees have understood thetraining? * Assure their employees follow the facility safety rules andwork practices? * Advise the employer of unique hazards presented by thecontractor's work?

6. Based on interviews with the contractors employer, has the hostemployer ensured, through periodic evaluations, that the training provided tocontractor employees by the contractor employer is equivalent to the trainingrequired for direct hire employees? [Criteria Reference .119(h)(2)(v)]

7. Based on interviews with the contractor employer, if the employer hasidentified deficiencies in the performance of contract employers, what actionhas the employer taken to correct the deficiencies? [Criteria .119(h)(2)(v)]

8. Based on interviews with a representative number of contractoremployees, has the contractor employer trained them in the work practicesnecessary to perform their jobs? [Criteria Reference .119(h)(3)(i)]

9. Based on interviews with a representative number of contractoremployees, are they being instructed in the known potential fire, explosion,or toxic release hazards related to their work and the processes in whichthey are involved? [Criteria Reference .119(h)(3)(ii)]

10. Based on the interview with a representive number of contractoremployees, have they been instructed in the applicable provisions of theemergency action plan? [Criteria Reference .119(h)(3)(ii)]

(Ask them to explain the plan and evacuation procedures.)

11. Based on interviews with a representative number of contractorsemployees, has the contract employer assured that they follow the safetyrules of the facility? [Criteria Reference .119(h)(3)(iv)]

(Ask how safe work practices, entry restrictions for the facility, and useof required PPE are enforced.)

For additional information on Contractors, see Appendix D, reference 16.

1910.119(i): PRE-STARTUP SAFETY REVIEW

I. PROGRAM SUMMARY

The intent of this paragraph is to make sure that, for new facilities an formodified facilities when the modification necessitates a change to processsafety information, certain important considerations are addressed before anyhighly hazardous chemicals are introduced into the process. Minimumrequirements include that the pre-startup safety review confirm thefollowing: construction and equipment is in accordance with designspecifications; safety, operating, maintenance, and emergency procedures arein place and adequate; for new facilities, a PHA has been performed andrecommendations resolved or implemented; modified facilities meet therequirements of paragraph (1), management of change; and training of eachemployee involved in the process has been completed.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(i): Pre-startup Safety Review B. 1910.119(l): Management of Change

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Has a pre-startup safety review been performed for all new facilitiesand for modified facilities when the modification is significant enough torequire a change in process safety information? [Criteria Reference.119(i)(1)]

2. Do pre-startup safety reviews confirm that prior to the introduction ofhighly hazardous chemicals to a process: [Criteria Reference .119(i)(2)]

* Construction and equipment is in accordance with designSpecifications?

* Safety, operating, maintenance, and emergency proceduresare in place and adequate?

2. (Continued) Do pre-startup safety reviews confirm that prior to theintroduction of highly hazardous chemicals to a process: [Criteria Reference.119(i)(2)]

* For new facilities, a PHA has been performed andrecommendations resolved or implemented before startup?

* Modified facilities meet requirements of paragraph(1)?

* Training of each employee involved in operating the processhas been completed?

On-site Conditions

1. Do observations of new or modified facilities indicate that prior tothe introduction of highly hazardous chemicals:

* Construction and equipment is in accordance with designspecifications? * Safety, operating, maintenance, and emergency proceduresare in place and adequate?

C. Interviews (See NOTE, p. A-2.]

1. Based on interviews with a representative sample of operators,maintenance employees, and engineers, can it be confirmed that theconstruction and equipment are in accordance with design specifications priorto introducing highly hazardous chemicals to a process? [Criteria Reference.119(i)2(i)]

2. Based on interviews with a representative sample of operators,maintenance employees, and engineers, are safety, operating, maintenance, andemergency procedures in place prior to introduction of highly hazardouschemicals into a process? Are these procedures adequate? [Criteria Reference.119(i)2(ii)]

3. Based on interviews with a representative sample of operators,maintenance employees, and engineers, is a PHA performed and arerecommendations resolved prior to a startup that introduces highly hazardouschemicals into a new process? [Criteria Reference .119(i)2(iii)]

4. Based on interviews with a representative sample of operators,maintenance employees, and engineers, do modified facilities meetrequirements of paragraph (1), Management of Change prior to introducing ahighly hazardous chemical? [Criteria Reference .119(i)2(iii)]

5. Based on interviews with a representative sample of operators, istraining completed for each employee involved in operating the process priorto the introduction of a highly hazardous chemical? [Criteria Reference.119(i)2(iv)]

I. PROGRAM SUMMARY

The intent of this paragraph is to assure that equipment used to processstore, or handle highly hazardous chemicals is designed, constructed;installed, and maintained to minimize the risk of releases of such chemicals. This requires that a mechanical integrity program be in place to assure thecontinued integrity of process equipment. The elements of a mechanicalintegrity program include the identification and categorization of equipmentand instrumentation, development of written maintenance procedures, trainingfor process maintenance activities, inspection and testing, correction ofdeficiencies in equipment that are outside acceptable limits defined by theprocess safety information, and development of a quality assurance program.

II. QUALITY CRITERIA REFERENCES

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Does the written mechanical integrity program include? [CriteriaReference .119(j)(1)] * Pressure vessels and storage tanks * Pipingsystems and components such as valves * Relief and vent systems anddevices * Emergency shutdown systems * Controls (including monitoringdevices and sensors, alarms and interlocks) * Pumps

2. Are there written procedures to maintain the on-going integrity ofprocess equipment? Does the documentation indicate the procedures have beenimplemented? [Criteria Reference .119(j)(2)]

3. Has training been provided to each employee contractor employeeinvolved in maintaining the on-going integrity of process equipment in thefollowing: [Criteria Reference .119(j)(3)] * An overview of the processand its hazards? * Procedures applicable to the employee's job tasks toassure that the employee can perform the job tasks in a safe manner?

(Review certification documents for employees doing non-destructive tests,welding on pressure vessels, etc., where these certifications are required.)

4. Are inspections and tests performed on each item of process equipmentincluded in the program? [Criteria Reference .119(j)(4)(i)]

5. Do inspection and testing procedures follow good engineering practices? [Criteria Reference .119(j)(4)(ii)]

6. Are inspection and test frequencies consistent with the manufacturer'srecommendation and good engineering practice? Are inspections and testsperformed more frequently if determined necessary by operating experience? [Criteria Reference .119 (j)(4)(iii)]

7. Is there documentation of each inspection and test that has beenperformed including all of the following: [Criteria Reference.119(j)(4)(iv)] * Date of the inspection or test? * Name of personperforming the procedure? * Serial number or other identifier of equipmenton which procedure was performed? * Description of inspection or testperformed? * Results of inspection or test?

8. Are deficiencies in equipment that are outside limits (as defined inprocess safety information) corrected before further use or in a safe andtimely manner when necessary means are taken to assure safe operation? [Criteria Reference .119(j)(5)]

9. In the construction of new plants and equipment, does the employerassure that equipment as it is fabricated is suitable for the process forwhich it will be used? [Criteria Reference .119(j)(6)(i)]

10. Have appropriate checks and inspections been made to assure equipmentis installed properly and consistent with design specifications andmanufacturer's instructions? [Criteria Reference .119(j)(6)(ii)]

(Include contractor supplied equipment.)

11. Does the employer assure that maintenance materials, spare parts, andequipment are suitable for the process application for which they are used? [Criteria Reference .119(j)(6)(iii)]

(Include contractor supplied equipment.)

B. On-site Conditions

1. Do observations of a representative sample of process equipmentindicate deficiencies outside acceptable limits? [Criteria Reference.119(j)(5)]

(Compare process safety information criteria with the conditions of theequipment found in the process.)

2. If new plants or equipment are being constructed, do observationsindicate that the equipment as it is fabricated is suitable for the processapplication? [Criteria Reference .119(j)(6)(i)]

3. Do observations of a representative sample of maintenance materials,spare parts, and equipment indicate that they are suitable for the processapplication for which they will be used? [Criteria Reference .119(j)(6)(iii)]

C. Interviews

Engineers (if any; or other qualified persons capable of providing theinformation requested; see NOTE, p. A-2): 1. Based on interviews with arepresentative number of engineers, have procedures to maintain the on-goingintegrity of the process equipment been implemented for: [Criteria Reference.119(j)(2)] * Pressure vessels and storage tanks? * Piping systems andcomponents such as valves? * Relief and vent systems and devices? * Emergencyshutdown systems? * Controls (including monitoring devices and sensors,alarms and interlocks)? * Pumps?

(Ask about the possibility of safety critical equipment being inadvertentlyrendered inoperative. For example, a relief device might be isolated byclosing an upstream valve.)

2. Based on interviews with a representative number of engineers, do theinspection and testing procedures follow recognized and generally acceptedgood engineering practice? Has prior operating experience indicated a needfor a more frequent test and inspection schedule than has been implemented?[Criteria Reference .119(j)(4)]

3. Based on interviews with a representative number of engineers, areequipment deficiencies corrected before use when they are outside theacceptable limits? If not, are the deficiencies corrected in a timely mannerand are necessary means taken to assure safe operation? [Criteria Reference.119(j)(5)]

4. Based on interviews with a representative number of engineers, has theemployer assured that, for new plants and equipment, the equipment as it isfabricated is suitable for the process application? Are appropriate checksand inspections made to assure equipment is installed properly and consistentwith design specifications and manufacturer's instructions? Are maintenancematerials, spare parts, and equipment suitable for the process applicationfor which they will be used? [Criteria Reference .119(j)(6)]

(Ask about contractor supplied items.)

Maintenance: 5. Based on interviews with a representative number ofmaintenance employees (and, where applicable, contractor maintenanceemployees), have the written procedures for maintaining the on-goingintegrity of process equipment been implemented? [Criteria Reference.119(j)(2)]

6. Based on interviews with a representative number of employees andcontractor employees involved in maintaining the on-going integrity of theprocess, have they been trained to assure they can perform their tasks in asafe manner? Did the training include an overview of the process, itshazards, and procedures applicable to the job? [Criteria Reference.119(j)(3)]

(Determine if certification, specialized training, or unique qualificationsare required.)

7. Based on interviews with a representative number of maintenanceemployees, do test and inspection procedures follow recognized and generallyaccepted good engineering practices? Is the frequency of inspections andtests consistent with applicable manufacturer's recommendations and goodengineering practices? Are more frequent inspections and tests necessary dueas indicated by prior operating experience? [Criteria Reference .119(j)(4)]

8. Based on interviews with a representative number of maintenanceemployees, are equipment deficiencies that are outside acceptable limitscorrected before further use? If not, are corrections made in a timely mannerand are necessary means taken to assure operation? [Criteria Reference.119(j)(5)]

9. Based on interviews with a representative number of maintenanceemployees, are maintenance materials, spare parts and equipment suitable forthe process application for which they are intended? [Criteria Reference.119(j)(6)]

(Ask about availability and use of substitutes.)

For additional information on Mechanical Integrity, see Appendix D,reference: 9.; 18.; 19.; 20.; 21.; 22.; 23.; 27.; 28.; 29.; and 34.

I. PROGRAM SUMMARY

The intent of this paragraph is to require employers to control, in aconsistent manner, nonroutine work conducted in process areas. Specifically,this subparagraph is concerned with the permitting of hot work operationsassociated with welding and cutting in process areas.

Minimum requirements include: that the employer issue a hot work permit forhot work operations conducted on or near a covered process and that hot workpermits shall document compliance with the fire prevention and protectionrequirements of 29 CFR 1910.252(a).

II. QUALITY CRITERIA REFERENCES

A. 1910.119(k): Hot Work Permit B. 1910.252(a): FirePrevention and Protection

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Have hot work permits been issued for all hot work operations conductedon or near a process covered by this standard? [Criteria Reference.119(k)(1)]

2. Do the hot work permits indicate the date(s) authorized for hot workperformed? [Criteria Reference .119(k)(2)]

3. Do the hot work permits describe the object on which the hot work is tobe performed? [Criteria Reference .119(k)(2)]

4. Have the hot work permits been kept on file until the hot workoperations were complete? [Criteria Reference .119(k)(2)]

5. Have the hot work permits identified openings, cracks and holes wheresparks may drop to combustible materials below? [Criteria Reference.252(a)(2)(i)]

6. Have the hot work permits described the fire extinguisher required tohandle any emergencies? [Criteria Reference .252(a)(2)(ii)]

7. Have the hot work permits assigned fire watchers whenever welding isperformed in locations where other than a minor fire might develop? [Criteria Reference .252(a)(2)(iii)]

8. Are the hot work permits being authorized, preferably in writing, bythe "individual" responsible for all welding and cutting operations? Isauthorization preceded by site & inspection and designation of appropriateprecautions? [Criteria Reference .252(a)(2)(iv) & .252(a)(2)(xiii)(A)]

9. Have the hot work permits described precautions associated withcombustible materials on floors or floors, walls, partitions, ceilings orroofs of combustible construction? [Criteria Reference .252(a)(2)(v) &.252(a)(2)(ix]

10. Has hot work permitting been successful in prohibiting welding inunauthorized areas, in sprinklered buildings while such protection isimpaired, in the presence of explosive atmospheres, and in storage areas forlarge quantities of readily ignitable materials? [Criteria Reference.252(a)(2)(vi)]

11. Have the hot work permits required relocation of combustibles wherepracticable and covering with flameproofed covers where not practicable? [Criteria Reference .252(a)(2)(vii)]

12. Have hot work permits identified for shutdown any ducts or conveyorssystems that may convey sparks to distant combustibles? [Criteria Reference.252(a)(2)(viii)]

13. Have hot work permits required precautions whenever welding oncomponents (e.g., steel members, pipes, etc,) that could transmit heat byradiation or conduction to unobserved combustibles? [Criteria Reference.252(a)(2)(x) & .252(a)(2)(xii)]

14. Have hot work permits identified hazards associated with welding onwalls, partitions, ceilings or roofs with combustible coverings or welding onwalls or panels of sandwich-type construction? [Criteria Reference.252(a)(2)(xi)]

15. Has management established areas and procedures for safe welding andcutting based on fire potential? [Criteria Reference .252(a)(2)(xiii)]

16. Has management designated the "individual" responsible for authorizingcutting and welding operations in process areas? [Criteria Reference.252(a)(2)(xiii)(B)]

17. Has management ensured that welders, cutters and supervisors aretrained in the safe operation of their equipment? [Criteria Reference.252(a)(2)(xiii)(C)]

18. Has management advised outside contractors working on their site aboutall hot work permitting programs? [Criteria Reference .252(a)(2)(xiii)(D)]

19. Has the Supervisor determined if combustibles are being protected fromignition prior to welding by moving them, shielding them, or schedulingwelding around their production? [Criteria Reference .252(a)(2)(xiv)(A)(B) &(C)]

20. Has the Supervisor, prior to welding, secured authorization from theresponsible "individual" designated by management? [Criteria Reference.252(a)(2)(xiv)(D]

B. On-Site Conditions

1. Conduct checks of current welding and cutting operations toensure compliance with the requirements of 1910.119(k) and 1910.252(a). Thetwenty items listed above in "Records Review" may serve as an auditchecklist. A management representative, the "individual"responsible for welding operations and the supervisor should allbe invited to participate in this on-site check. [Criteria Reference .119(k)& .252(a)]

C. Interviews - Employees and Contractors

1. Based on interviews with a representative number of maintenance andcontractor employees, has the Supervisor visited welding work operations toverify that: [Criteria Reference .252(a)(2)(xiv)(E),(F) & (G)]

* Welders have approval for safe go ahead prior to welding? * Fire protection and extinguishing equipment is properly located at thework site? * Fire watches are functional, where required?

2. Based on interviews with a representative number of maintenance andcontractor employees, have hot work permits been issued for all hot workoperations conducted on or near a process covered by this standard? [Criteria Reference .119(k)(1)]

3. Based on interviews with a representative number of maintenance andcontractor employees, have the hot work permits been kept on file until thehot work operations were complete? [Criteria Reference .119(k)(2)]

4. Based on interviews with a representative number of maintenance andcontractor employees, have the hot work permits identified openings, cracksand holes where sparks may drop to combustible materials below? [CriteriaReference .252(a)(2)(i)]

5. Based on interviews with a representative number of maintenance andcontractor employees, have the hot work permits assigned fire watcherswhenever welding is performed in locations where other than a minor firemight develop? [Criteria Reference .252(a)(2)(iii)]

6. Based on interviews with a representative number of maintenance andcontractor employees, are the hot work permits being authorized, preferablyin writing, by the "individual" responsible for all welding and cuttingoperations? Is authorization preceded by site inspection and designation ofappropriate precautions? [Criteria Reference .252(a)(2)(iv) &.252(a)(2)(xiii)(A)]

7. Based on interviews with a representative number of maintenance andcontractor employees, have the hot work permits described precautionsassociated with combustible materials on floors or floors, walls, partitions,ceilings or roofs of combustible construction? [Criteria Reference.252(a)(2)(v) & .252(a)(2)(ix)]

8. Based on interviews with a representative number of maintenance andcontractor employees, has hot work permitting been successful in prohibitingwelding in: [Criteria Reference .252(a)(2)(vi)] * Unauthorized areas? * Sprinklered buildings while such protection is impaired? * The presenceof explosive atmospheres? * Storage areas for large quantities of readilyignitable materials?

9. Based on interviews with a representative number of maintenance andcontractor employees, have the hot work permits required relocation ofcombustibles where practicable and covering with flameproofed covers wherenot practicable? [Criteria Reference .252(a)(2)(vii)]

10. Based on interviews with a representative number of maintenance andcontractor employees, have hot work permits identified for shutdown any ductsor conveyors systems that may convey sparks to distant combustibles? [Criteria Reference .252(a)(2)(viii)]

11. Based on interviews with a representative number of maintenance andcontractor employees, have hot work permits required precautions wheneverwelding on components (e.g., steel members, pipes, etc.) that could transmitheat by radiation or conduction to unobserved combustibles? [CriteriaReference .252(a)(2)(x) & .252(a)(2)(xii)]

12. Based on interviews with a representative number of maintenance andcontractor employees, have hot work permits identified hazards associatedwith welding on walls, partitions, ceilings or roofs with combustiblecoverings or welding on walls or panels of sandwich-type construction? [Criteria Reference .252(a)(2)(xi)]

13. Based on interviews with a representative number of maintenance andcontractor employees, has management established areas and procedures forsafe welding and cutting based on fire potential? [Criteria Reference.252(a)(2)(xiii)]

14. Based on interviews with a representative number of maintenance andcontractor employees, has management designated the "individual" responsiblefor authorizing cutting and welding operations in process areas? [CriteriaReference .252(a)(2)(xiii)(B)]

15. Based on interviews with a representative number of maintenance andcontractor employees, has management ensured that welders, cutters andsupervisors are trained in the safe operation of their equipment? [CriteriaReference .252(a)(2)(xiii)(C)]

16. Based on interviews with contractors and contractor employees, hasmanagement advised outside contractors working on the site about all hot workpermitting programs? [Criteria Reference .252(a)(2)(xiii)(D)]

17. Based on interviews with a representative number of maintenance andcontractor employees, has the supervisor determined if combustibles are beingprotected from ignition prior to welding by moving them, shielding them, orscheduling welding around their production? [Criteria Reference.252(a)(2)(xiv)(A)(B) & (C)]

I. PROGRAM SUMMARY

The intent of this paragraph is to require management of all modificationsto equipment, procedures, raw materials and processing conditions other than"replacement in kind" by identifying and reviewing them prior toimplementation of the change. Minimum requirements for management of changeinclude: establishing written procedures to manage change; addressing thetechnical basis, impact on safety and health, modification to operatingprocedures, necessary time period, and authorizations required; informing andtraining employees affected; and updating process safety information andoperating procedures or practices.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(l): Management of Change

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Are there written procedures for managing changes (except for"replacements in kind") to process chemicals, technology, equipment, andprocedures and changes to facilities that affect a covered process? [Criteria Reference .119(l)(1)]

(Review procedures that address responsibilities, steps for assessing risksand approving changes, requirements for reviewing designs for temporary andpermanent changes, steps needed to verify that modifications have been madeas designed, variance procedures, time limit authorizations for temporarychanges, and steps required to return the process to status quo aftertemporary changes.)

2. Do the procedures assure that the technical basis for the proposedchange is addressed prior to any change? [Criteria Reference .119(l)(2)(i)]

3. Do the procedures assure that the impact of the change on safety andhealth is addressed prior to any change? [Criteria Reference .119(l)(2)(ii)]

4. Do the procedures assure that modifications to operating procedures isaddressed prior to any change? [Criteria Reference .119(l)(2)(iii)]

5. Do the procedures assure that the necessary time period for the changeis addressed prior to any change? [Criteria Reference .119(l)(2)(iv)]

6. Do the procedures assure that the authorization requirements for theproposed change are addressed prior to any change? [Criteria Reference.119(l)(2)(v)]

7. Are employees involved in operating a process, and maintenance andcontract employees whose job tasks will be affected by change informed of,and trained in, the change prior to start-up of process or affected part ofprocess? [Criteria Reference .119(l)(3)]

8. Is the process safety information required by paragraph (d) updated ifchanged? [Criteria Reference .119(l)(4)]

9. Are the operating procedures or practices required by paragraph (f)updated if changed? [Criteria Reference .119(l)(5)]

B. On-site Conditions

1. Do observations of new or recently modified process chemicals,technology, equipment, or procedures (except "replacement in kind") indicatethat the Management of Change procedures have been implemented? [CriteriaReference .119(l)(1)]

(Determine if records are available to support the procedures for new orrevised processes found in the facility.)

C. Interviews

Operator, Maintenance, and Contractor Employees:

1. Based on interviews with operators, maintenance employees andcontractor employees, are procedures implemented to manage changes toexisting process chemicals, technology, equipment, facilities, andprocedures? [Criteria Reference .119(l)(1)]

2. Based on interviews with operators, maintenance employees andcontractor employees, is training in process changes provided to employeeswhose job tasks will be affected by the changes prior to start-up? [CriteriaReference .119(l)(3)]

For additional information on Management of Change, see Appendix D,reference 9., Chapter 7.

1910.119(m): INCIDENT INVESTIGATIONS

I. PROGRAM SUMMARY

The employer is required to investigate each incident which resulted in, orcould reasonably have resulted in a catastrophic release of highly hazardouschemical in the workplace. An investigation shall be initiated no later than48 hours following the incident. An investigation team shall be establishedand a report prepared which includes: 1) Date of incident 2) Dateinvestigation began 3) Description of incident 4) Factors that contributed tothe incident 5) Recommendations from the investigation. The employer isrequired to establish a system to promptly address the incident reportfindings and recommendations, documenting all resolutions and correctiveactions. Incident reports shall be reviewed with all affected personnelwhose job tasks are relevant to the investigation and retained for fiveyears.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(m): Incident Investigations

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Has each incident been investigated which resulted in, or couldreasonably have resulted in a catastrophic release of highly hazardouschemicals in the workplace? [Criteria Reference .119(m)(1)]

2. Have incident investigations been initiated as promptly as possible,but not later than 48 hours following the incident? [Criteria Reference.119(m)(2)]

3. Have incident investigation teams been established? Do the teamscontain at least one person knowledgeable in the process involved in theincident, and other members with appropriate knowledge and experience tothoroughly investigate and analyze the incident? Has a contractor employeebeen included in the team if the incident involved work of the contractor? [Criteria Reference .119(m)(3)]

4. Have incident investigation reports been prepared at the conclusion ofthe investigation which include at minimum: [Criteria Reference .119(m)(4)] * Date of the incident? * Date the inspection began? * A descriptionof the incident? * The factors that contributed to the incident? * Anyrecommendations resulting from the investigation?

5. Has a system been established to promptly address and resolve theincident investigation report findings and recommendations? [CriteriaReference .119(m)(5)]

6. Have resolutions and corrective actions from the incident investigationreports been documented? [Criteria Reference .119(m)(5)]

7. Have incident investigation reports been reviewed with all affectedpersonnel whose job tasks are relevant to the incident findings includingcontract employees, where applicable? [Criteria Reference .119(m)(6)]

8. Are incident investigation reports retained for five years? [CriteriaReference .119(m)(7)]

B. On-site Conditions

1. Do observations of a representative sample of process componentsinvolved in incident investigations indicate that recommendations have beenresolved? [Criteria Reference .119(m)(5)]

(Compare the corrective actions outlined in the investigation documentationwith the actual equipment, procedures, material use, etc.)

C. Interviews

1. Based on interviews with a representative number of operators,maintenance employees and contractor employees, have all incidents thatresulted in or could reasonably have resulted in a catastrophic release ofhighly hazardous chemicals in the workplace, been investigated? [CriteriaReference .119(m)(1)]

2. Based on interviews with a representative number of the members of pastinvestigation teams, do the teams contain at least one person knowledgeablein the process involved in the incident, and other persons with appropriateknowledge and experience to thoroughly investigate and analyze the incident? Was a contractor employee included in the team if the incident involved workof the contractor? [Criteria Reference .119(m)(3)]

3. Based on interviews with a representative number of employees whose jobtasks are relevant to the past incident investigation findings, have theinvestigation reports been reviewed with the affected personnel? [CriteriaReference .119(m)(6)]

For additional information on Incident Investigations, see Appendix D,references 9. and 24.

I. PROGRAM SUMMARY

The intent of this paragraph is to require the employer to address whatactions employees are to take when there is an unwanted release of highlyhazardous chemicals. The employer must establish and implement an emergencyaction plan in accordance with the provisions of 29 CFR 1910.38(a) andinclude procedure. for handling small releases. Certain provisions of thehazardous waste and emergency response standard, 29 CFR 1910.120(a), (p), and(q), may also apply.

[NOTE: 1910.120(a) addresses scope, application, and definitions for theentire standard. 1910.120(p) addresses treatment, storage, and disposal(TSD) facilities under the Resource Conservation and Recovery Act (RCRA). 1910.120(q) addresses requirements for facilities that are not RCRA TSD's,where there is the potential for an emergency incident involving hazardoussubstances. Cleanup operations--including corrective actions andpost-emergency response cleanup--are covered by 1910.120(b) through (o). Forfurther guidance, refer to the forthcoming directive on 29 CFR 1910.120.]

II. QUALITY CRITERIA REFERENCES

A. 1910.119(n) D. 1910.165 B. 1910.38(a) E. 1910.1200 C. 1910.120(a),(p),(q) F. 1910.36(b)

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Has an emergency action plan been established and implemented for theentire plant in accordance with the requirements of 1910.38? Does the planaddress the following: [Criteria Reference .119(n) or .38(a)(2)] * Escapeprocedures and routes? * Procedures for post-evacuation employeeaccounting? * Preferred means to report emergencies? * Duties andprocedures of employees who:

* Remain to operate critical equipment? * Performrescue and medical duties? * The names for persons or locations to contactfor more action plan information? * Employee alarmsystems?

2. Is the plan written if the facility has more than ten employees? [Criteria Reference .38(a)(1)]

3. Is there sufficient number of persons designated and trained to assistin the safe and orderly emergency evacuation of employees? [CriteriaReference .38(a)(5)(i)]

4. Is the plan reviewed with each employee covered by the plan: initiallywhen the plan is developed; and whenever the employees' responsibilities ordesignated action under the plan change; and whenever the plan is changed? [Criteria Reference .38(a)(5)(ii)]

5. Does the emergency action plan cover procedures for handling smallreleases? [Criteria Reference .119(n)]

6. Is an alarm system established and implemented which complies with1910.165? Are the alarms: [Criteria Reference .165(b-e)]

* Capable of being perceived above ambient noise andlight levels by all employees in the affected portions of theworkplace?

* Distinctive and recognizable as a signal to evacuatethe work area or perform actions designated under theplan?

* Tested appropriately and restored to normal operatingcondition as soon as possible after test? * Non-supervised systems testednot less than every two months? * Supervised systems tested at leastannually?

* Serviced, maintained, and tested by appropriatelytrained persons?

* Unobstructed, conspicuous and readily accessible, ifthey are manual alarm systems?

7. Does the written emergency response plan meet the requirements of1910.120(a), (p), and (q), if appropriate? [Criteria Reference .120(a);120(p); 120(q)]

(See the NOTE at I., Program Summary. Clean-up operations required by agovernmental body are addressed in .120(a); treatment, storage, and disposal(TSD) facilities under the Resource Conservation and Recovery Act areaddressed in .120(p); and .120(q) addresses requirements for emergencyresponse no matter where they occur, except that it does not cover employeesengaged in operations at TSD facilities or hazardous waste sites.)

8. If employees are engaged in emergency response (except clean-upoperations), does the plan address the following: [Criteria Reference.120(q)] * Coordination with outside parties? * Personnel roles, linesof authority, training, and communication? * Emergency recognition andprevention? * Safe distances and places of refuge? * Site security andcontrol? * Evacuation routes and procedures? * Decontamination? * Emergency medical treatment and first aid? * Emergency alerting andresponse procedures? * Critique of response and followup? * PPE andemergency equipment?

B. On-site Conditions

1. Do observations of a representative sample of alarm systems indicatethat they comply with the requirements in .165(b-e)? Are the alarms: [Criteria Reference .165(b-e)] * Distinctive for each purpose of thealarm? * Capable of being perceived above ambient noise and light levelsby all employees in the affected portions of the workplace? * Distinctiveand recognizable as a signal to evacuate the work area or perform actionsdesignated under the plan? * Maintained in operating condition? * Tested appropriately and restored to normal operating condition as soon aspossible after test? (Be present for an alarm test if possible or reviewvideo if available.) * Tested no greater than every two months? * Serviced, maintained, and tested by appropriately trained persons? * Unobstructed, conspicuous and readily accessible, if they are manual alarmsystems?

2. Do observations of the evacuation routes indicate that they are notblocked, locked, or barricaded? [Criteria Reference .36(b)(4)]

3. Do observations of the evacuation routes indicate that there arereadily visible signs for evacuation routes leading to safe locations? [Criteria Reference .36(b)(5)]

4. Do observations of a representative sample of the evacuation routesigns during dark conditions indicate that they are adequately illuminated? [Criteria Reference .120(b)(6)]

C. Interviews

1. Based on interviews with employees who have been identified as likelyto discover releases or assigned other emergency response duties, are theyprovided training? Is the training based on the duties they are expected toperform? [Criteria Reference .120(q)(6)]

2. Based on interviews with employees who are likely to discover hazardoussubstance releases, can they demonstrate competency in the provisions listedin the first responder awareness level: [Criteria Reference .120(q)(6)(i)] * Understanding what hazardous substances are, and the risks associated withthem in an incident? * Understanding potential outcomes associated with anemergency when hazardous substances are present? * Ability to recognizethe presence of hazardous substances in an emergency? * Ability toidentify the hazardous substances, if possible? * Understanding the roleof the first responder awareness individual in the employer's emergencyresponse plan, including site security and control and the U.S. Dept. ofTransportation's Emergency Response Guidebook? * Ability to realize theneed for additional resources, and make appropriate notifications to thecommunication center?

3. Based on interviews with employees who will take defensive action incontaining and controlling a release as part of the response, can demonstratethe competencies for a first responder operations level: [Criteria Reference.120(q)(6)(ii)] * Knowledge of the basic hazard and risk assessmenttechniques? * Knowledge of how to select and use proper PPE provided tothem? * Understanding of basic hazardous materials terms? * Knowledgeof how to perform basic containment, confinement, and control operationswithin the capability of their unit? * Knowledge of how to implement basicdecontamination procedures? * Knowledge of relevant standard operatingprocedures and termination procedures for a response?

4. Based on interviews with employees who will take offensive action incontaining and controlling a release as part of the response, can theydemonstrate the competencies for a hazardous materials (HAZMAT) technician: [Criteria Reference .120(q)(6)(iii)] * Knowledge of how to implement theemployer's emergency response plan? * Knowledge of the classification,identification, and verification of known and unknown materials using fieldsurvey instruments and equipment? * Ability to function within an assignedrole in the Incident Command System? * Knowledge of how to select and useproper Specialized chemical PPE provided to them? * Understanding ofhazard and risk assessment techniques? * Ability to perform advancedcontrol, containment, and/or confinement operations within the capability oftheir unit? * Understanding of how to implement decontaminationprocedures? * Understanding of termination procedures? * Understandingof basic chemical and toxicological terminology and behavior?

5. Based on interviews with a representative number of operator andmaintenance employees, do they know the emergency action plan to protectthemselves in an emergency? [Criteria Reference .38(a)]

I. PROGRAM SUMMARY

The intent of this paragraph is to require employers to self-evaluate theeffectiveness of their PSM program by identifying deficiencies and assuringcorrective actions. Minimum requirements include: audits at least everythree years; maintenance of audit reports for at least the last two audits;audits conducted by at least one person knowledgeable in the process;documentation of an appropriate response to each finding; documentation thatthe deficiencies found have been corrected.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(o): compliance Audits B. 1910.119(c): EmployeeParticipation

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Has the employer certified in writing that there has been an audit ofcompliance with PSM at least every three years? [Criteria Reference.119(o)(1)]

2. Do the audit reports include an evaluation of all the requiredparagraphs of the PSM standard? [Criteria Reference .119(o)(1)]

3. Was the compliance audit conducted by at least one person who wasknowledgeable in the process? [Criteria Reference .119(o)(2)]

4. Has a report of the findings been developed for each audit? [CriteriaReference .119(o)(3)]

5. Has the employer promptly determined and documented and appropriateresponse to each of the findings? [Criteria Reference .119(o)(4)]

6. Does the employer document that deficiencies have been corrected? [Criteria Reference .119(o)(4)]

7. Has the employer retained the two most recent compliance audit reports? [Criteria Reference .119(o)(5)]

B. On-site Conditions

No observations are required; on-site Conditions will be cited under otherparagraphs. [Criteria Reference .119(o)(4)]

C. Interviews

1. Based on interviews with auditors, are they knowledgeable in processes? [Criteria Reference .119(o)(2)]

2. Based on interviews with a representative number of employees and theirdesignated representatives, do they have access to compliance auditinformation? [Criteria Reference .119(o)(3)]

I. PROGRAM SUMMARY

The intent of this paragraph is to require employers to provide allinformation necessary to comply with the standard to personnel developingparagraphs (d), (e), (f), (n) and (o) without regard to possible tradesecrets. In addition, employees and their designated representatives shallhave access to trade secret information contained within documents requiredto be developed by the standard.

II. QUALITY CRITERIA REFERENCES

A. 1910.119(p): Trade Secrets B. 1910.1200: HazardCommunication

III. VERIFICATION OF PROGRAM ELEMENTS

A. Records Review

1. Has all information necessary been provided to those personsresponsible for compiling the process safety information (paragraph d), thoseassisting in development of the PHA (paragraph e), those responsible fordeveloping the operating procedures (paragraph f), and those involved inincident investigations (paragraph m) and emergency planning and response(paragraph n), and compliance audits (paragraph o) been without regard topossible trade secret status of such information? [Criteria Reference.119(p)(1)]

2. Do employees and their designated representatives have access to tradesecret information contained in the PHA and to other documents required to bedeveloped by the standard, subject to the provisions set forth in1910.1200(i)(1) through (i)(12)? [Criteria Reference .119(p)(3)]

B. On-site Conditions

Not applicable.

C. Interviews

Employees involved in specific duties: 1. Based on interviews witha representative number of employees involved in compiling the process safetyinformation, developing PHA's, developing operating procedures, investigatingincidents, planning and responding to emergencies, and auditing compliance,has all information necessary been provided to them without regard topossible trade secret status of such information? [Criteria Reference.119(p)(1)]

Employees and Representives: 2. Based on interviews with arepresentative number of employees and their designated representatives, dothey have access to trade secret information contained within the PHA andother documents required to be developed by the standard? [CriteriaReference .119(p)(3)]

(Note that this access is subject to the provisions set forth in1910.1200(i)(1).)

Clarifications and Interpretations of the PSM Standard

The guidance contained in this appendix is provided for complianceassistance. It shall be followed in interpreting the PSM standard forcompliance purposes. Unless otherwise noted, all paragraph citations referto 29 CFR 1910.119.

This appendix contains clarifications agreed to in a settlement agreementdated April 5, 1993, between OSHA, the United Steelworkers of America, theOil, Chemical and Atomic Workers International Union, and the Building andConstruction Trades Department of the AFL-CIO. The settlement agreementclarifications reflect modifications jointly and cooperatively agreed to bythe above parties and by the Chemical Manufacturers Association, the AmericanPetroleum Institute, the Dow Chemical Company, and the National PetroleumRefiners Association.

Where possible, clarifications and interpretations have been presented in aquestion-and-answer format.

NOTE: OSHA plans to include additional clarifications andinterpretations in this appendix through future page changes to thisinstruction.

(a) Registration

Do covered establishments have to register with OSHA?

No. There is no requirement that establishmentscovered by the standard register with or otherwise notify OSHA.

(a) Explosives--fireworks manufacture

How does the PSM standard apply to pyrotechnics (fireworks) andexplosives?

The PSM standard amended the scope of 29 CFR 1910.109, Explosivesand blasting agents, by revising paragraph (k), which requires that themanufacturer of explosives and pyrotechnics comply with 29 CFR 1910.119. Asdefined at 1910.109(a)(10), pyrotechnics are commonly referred to asfireworks. Employers who manufacture explosives and fireworks must complywith both 29 CFR 1910.109 and 1910.119.

The applicability of 29 CFR 1910.109 to employers who manufacturefireworks is delineated in OSHA Instruction CPL 2.73, FireworksManufacturers: Compliance Policy. In accordance with that directive, afireworks plant employer can be cited for violation of 29 CFR 1910.109 withreference to certain National Fire Protection Association (NFPA) standards inNFPA 1124, Code for the Manufacture, Transportation and Storage ofFireworks.

What is the role of the Bureau of Alcohol, Tobacco and Firearms (BATF)vis-a-vis the PSM standard and fireworks manufacture?

By 27 CFR 55 Subpart K, BATF regulates the storage, includingminimum distances, of explosive materials including fireworks in theworkplace. As such, BATF limits the amount of special fireworks, pyrotechniccomposition, and explosive materials used to assemble fireworks in processingbuilding to no more than 500 pounds. Also, the maximum quantity of flashpowder permitted by BATF in any fireworks process building is 10 pounds. These BATF limitations should not be confused with the applicability of thePSM standard to any amount of fireworks being manufactured.

(a) Laboratories

Does the PSM standard apply to laboratory and research operations?

A laboratory or research operation involving at least the thresholdquantity of one or more highly hazardous chemicals is subject to the PSMstandard.

(a) Flammable liquids

Are processes involving flammable liquids (e.g., ethyl alcohol) coveredby the standard?

Processes involving flammable liquids (e.g., in a distillationprocess) in quantities at or above 10,000 lbs. are covered. Quantities offlammable liquids in storage are considered a part of the process if thestorage tanks are interconnected with the process, or if they aresufficiently near the process that an explosion, fire, or release couldreasonably involve the storage area combined with the process in quantitiessufficient to meet the threshold amount of 10,000 lbs.

Flammable liquids that are stored on a tank farm (e.g., a wholesalegasoline regional tank farm) where only transferring and storage are done arenot covered by the PSM standard. They are, however, covered under1910.106.

(a)(1)(i) Hydrogen chloride (HCL)

Does the PSM standard apply to muriatic (32% HCL) acid?

The chemical names: hydrogen chloride (HCL) and anhydroushydrochloric acid are included in the highly hazardous chemicals listing inAppendix A of the PSM standard. Anhydrous (without water) hydrochloric acidis hydrogen chloride. Both hydrogen chloride and anhydrous hydrochloric acidare identified by the same Chemical Abstract Service (CAS) Number 7647-01-0,as denoted in Appendix A. Hydrochloric acid (muriatic acid)--i.e., a solutionof hydrogen chloride gas in water--is not listed in Appendix A and thereforeis not considered to be a highly hazardous chemical subject to the PSMstandard.

(a)(1)(i) Highly hazardous chemicals (HHCs)

What is meant by "Formaldehyde (Formalin)" listed in Appendix A of thePSM standard?

This highly hazardous chemical should be listed to read:

Formaldehyde (37% by weight or greater). The PSM standard will berevised to reflect this change in the near future. Any amount of mixture ofFormaldehyde, less than 37%-by weight, in solution would not be covered bythe PSM standard.

Does the PSM standard apply to solutions of Dimethylamine?

Anhydrous Dimethylamine, identified by Chemical Abstract Service(CAS) Number 124-40-3, is listed in Appendix A of the PSM Standard as ahighly hazardous chemical. Dimethylamine in aqueous solutions, which is notlisted in Appendix A, is not considered to be a highly hazardous chemicalcovered by the PSM standard except when the solution qualifies as a flammableliquid.

(a)(1)(i) HHCs--mixtures

Does the threshold quantity listed under Appendix A of the PSM standardapply to the quantity of the whole mixture or just the quantity of thecomponent chemical, or to neither (i.e., does the threshold quantity applyonly to quantities of pure chemical unless otherwise specified in theappendix)?

The threshold quantities listed in Appendix A of the standard applyonly to pure (or "commercial grade") chemicals unless otherwise specified,for example, Hydrogen Peroxide, 52% by weight or greater.

Does the PSM standard apply to an employer who uses cellulose nitrate ina concentration greater than 12.6% nitrogen to which water is added,producing a mixture containing greater than 23% water, which will notburn?

Appendix A of the standard lists cellulose nitrate in concentrationsof greater than 12.6% nitrogen as a chemical which presents a potential for acatastrophic event at or above the threshold quantity of 2500 pounds (1,133.9kg). The standard does not distinguish between "wet" or "dry" cellulosenitrate.

Therefore, if an employer's process involves cellulose nitrate in aconcentration greater than 12.6% nitrogen, with the total quantity of themixture or solution at or above the threshold quantity--no matter whatpercentage of water may be used in treatment--the process is covered underthe requirements of the PSM standard.

(a)(1)(i) and (b) Covered process--Hazardous waste operations

Does the PSM standard apply to the EPA-regulated and permitted RCRAhazardous waste treatment, storage and disposal (TSD) facilities, when suchfacilities keep on-site in one location a hazardous waste chemical in aconcentration and quantity which exceeds the applicable threshold quantity ofAppendix A. If so, why? If not, why not?

Employers of worksites with TSD facilities which contain coveredprocesses must comply with the PSM standard. The requirements of the PSMstandard are intended to eliminate or mitigate workplace catastrophicreleases of highly hazardous chemicals and resulting employee exposure toexplosion, fire and toxic hazards.

(a)(1)(i) and (b) Covered process--dispersal of inventory

Can an employer who keeps threshold quantities of highly hazardouschemicals listed in Appendix A to 29 CFR 1910.119, such as ammonia, separatedinto smaller lots and used and stored in separate systems or locations, beexempt from the requirements of the PSM standard?

From a storage standpoint, the 1910.119 standard would not apply toan employer who segregates his inventory by dispersing storage of highlyhazardous chemicals, such as ammonia, in amounts which do not exceed thethreshold quantity so that a release from one storage area would notcontribute to or cause a release from others around the workplace.Additionally, an employer could reduce his on-site inventory of highlyhazardous chemicals by ordering more frequent, smaller shipments so that theydo not exceed the threshold quantities set forth in the PSMStandard.

The PSM standard's non-mandatory Appendix C suggests that, if reducedinventory of highly hazardous chemicals is not feasible, an employer mightconsider dispersing inventory to several locations on-site. When are suchmaterials to be considered part of a single process?

Under the definition of "process" provided at 29 CFR 1910.119(b),any group of vessels which are interconnected and separate vessels which arelocated such that a highly hazardous chemical could be involved in apotential release shall be considered a single process. Inventories ofhighly hazardous chemicals would not be considered to be adequately dispersedif the storage vessels are connected with or in proximity to a coveredprocess such that they could be involved in a potential release.

What evaluation techniques are appropriate to determine adequateseparation distances?

OSHA has not developed, nor is it aware of, any standard evaluationtechnique to determine adequate distances to separate chemical inventories. If an employer chooses to disperse highly hazardous chemicals on-site, theseparation distances would have to be determined on a case-by-case basis,considering such factors as the nature of the chemicals and coveredprocesses, total inventories, threshold quantities of pertinent chemicals,and facility layout.

(a)(1)(ii) Application--55-gallon drums

Would more than 10,000 pounds (4535.9 kg) of a flammable liquid storedtogether in 55-gallon (209-liter) drums be covered under the PSMstandard?

For the purposes of the PSM standard, this would be consideredexempt as storage in atmospheric tanks (notwithstanding the definitions of"containers" and "tanks" in 29 CFR 1910.106), unless the drums are near acovered process, as described in the Q & A on "flammable liquids" at page B-2of this appendix. For the purposes of 1910.106, 55-gallon (209-liter) drumsare covered in the definition of "container."

(a)(1)(ii) Covered Process--Flammable gases

For processes involving flammable gas mixtures, are the non flammablecomponents in a flammable gas mixture included when determining the thresholdquantity?

The non-flammable components contribute to the determination ofthreshold quantity, i.e., 10,000 pounds (4535.9 kg) or greater amounts of aflammable gas, as defined in 29 CFR 1910.1200(c) and noted below:

Gas, flammable means:

(a) A gas that at ambient temperatures and pressure forms aflammable mixture with air at a concentration of thirteen (13) percent byvolume or less; or

(b) A gas that, at ambient temperature and pressure, forms a rangeof flammable mixtures with air wider than twelve (12) percent by volume,regardless of the lower limit.

(a)(1)(ii) Covered process--Flammable liquids

Does the PSM standard apply to processes in a paint manufacturingfacility, which include the mixing and blending of flammable liquids withother raw materials, and which typically involve few or no chemicalreactions? Typically, the flammable products are processed below theirnormal boiling points and that several large batch vessels are located neareach other, with an aggregate weight above the threshold quantity of 10,000pounds (4535.9 kilograms).

The requirements of the PSM standard would apply to such operations. The exemption provided in the standard at 1910.119(a)(1)(ii)(B) forsituations involving flammable liquids applies only when such liquids arebeing stored in atmospheric tanks (where the tank pressure does not exceed0.5 pounds per square inch gauge [p.s.i.g.]) or transferred and the liquidsare kept below their normal boiling point without benefit of chilling orrefrigeration. This exemption does not apply to a mixing and blendingoperation related to paint manufacturing.

(a)(1)(ii)(A) Application--Exceptions--Hydrocarbon fuels

Does the PSM standard apply to ceramic manufacturing facilities utilizingpropane in amounts exceeding 10,000 pounds as the fuel for firing ceramicware in a process which does not involve any other highly hazardouschemicals?

No. The PSM standard would not apply to such a situation.

Does gasoline used as a fuel to test run inboard and outboard enginesfall within the scope of the PSM standard?

Gasoline used in such a manner does not fall within the scope of1910.119, because it is used as a fuel in this situation and thus meets theexception at

1910.119(a)(l)(ii)(A). However, other OSHA standards, such as1910.106, Flammable and combustible liquids, would apply.

Does the PSM standard apply to a plant that has more than 10,000 poundsof hydrocarbon fuel on site where the fuel is used solely as a fuel for afurnace used to melt glass?

The requirements of 1910.119 do not apply to this situation because1910.119(a)(1)(ii)(A) of the standard specifically excludes from coveragehydrocarbon fuels used solely for workplace consumption as a fuel if the fuelis not part of a process containing another highly hazardous chemical coveredby the standard.

(a)(1)(ii)(A) Tote tanks

350-gallon tote tanks containing flammable liquids are used at a facilityto refuel vehicles. Are they covered by the standard?

No. 1910.119(a)(1)(ii)(a) exempts hydrocarbon fuels used solely forworkplace consumption as a fuel (e.g., gasoline for vehicle refueling) ifsuch fuels are not part of a process containing another highly hazardouschemical covered by the standard. They are, however, covered under1910.106.

(a)(1)(ii)(A) Fuels for heating

Are flammable liquids and gases used as fuels for such items as heatersor exchanges contained in (covered) processes also included within thecoverage of the standard?

Furnaces, boilers, heaters, etc., fueled by flammable liquids orgases--regardless of the quantity of the fuel--used in processes that areotherwise covered by the PSM standard (i.e., the existence of a thresholdquantity of another highly hazardous chemical) are considered part of theprocess and are covered by the PSM standard. Flammable liquid-or-gas-fueledfurnaces, boilers, etc., used in processes not otherwise covered by the PSMstandard are exempt from the standard.

(a)(1)(ii)(B) Tank farms

Are flammable liquids stored in a tank farm covered under thestandard?

Atmospheric tanks containing flammable liquids at bulk transferterminals are not covered. However, atmospheric tanks containing flammableliquids that have feeder connections to processes are covered by thestandard.

EXAMPLE. Atmospheric tanks in an outside storage area contain aflammable liquid that is pumped to a mixing vessel. If the total quantity offlammable liquids in this equipment is at or above 10,000 pounds (4535.9 kg),then this is a covered process which includes, at a minimum, the storagetanks, the piping, and the mixing vessel.

(a)(1)(ii)(B) Flammable liquids

Does 1910.119(a)(l)(ii)(B) exempt all flammable liquids stored ortransferred which are kept below their normal boiling point without thebenefit of chilling or refrigeration, including, but not limited to,flammable liquids in atmospheric tanks?

No. The exemption is limited to flammable liquids stored inatmospheric tanks or transferred which are kept below their normal boilingpoint without benefit of chilling or refrigeration. This exemption isapplicable to flammable liquids in tanks, containers and pipes used only forstorage and transfer (to storage), and not connected to a process or aprocess vessel. Similarly, stored flammable liquids in containers, includingcans, barrels and drums, would be exempt from coverage by the PSM standard. We recommend you carefully consider the definition of "process" to determinefurther applicability of the PSM standard in situations where flammableliquids are stored in tanks or containers at a worksite.

(a)(2)(i) Retail facilities

What is the definition of "retail facilities" that are exempted fromcoverage by the PSM standard?

With respect to enforcement of the PSM standard, a retailfacility means an establishment that would otherwise be subject to thePSM standard at which more than half of the income is obtained from directsales to end users.

If an employer that would otherwise be covered by the PSM standardoperates at several locations and the majority of its income comes from salesto end users, is the employer exempt as a "retail facility"?

The PSM standard defines a retail facility as "an establishmentwhich would otherwise be subject to the PSM standard, at which more than halfof the income is obtained from direct sales to end users." If such anemployer operates at multiple locations, the questions becomes whether thisconstitutes a single "establishment" for the purposes of thestandard.

The intent of the PSM Standard is to prevent catastrophic releasesof highly hazardous chemicals, thereby, providing for safe and healthfulworkplaces for employees. Consistent with this intent, the term"establishment," when used to define retail facility, means a company name ata specific site (normally with a street address). Thus, if an employeroperates at several locations, some might be covered by the standard, andothers not affected.

Are facilities that fill propane tanks for "will call" type customersexempt from the PSM standard? Most of these facilities are under theaggregate quantity of 10,000 pounds (4535.9 kilograms), The majority of thebusiness is transferring propane from the supply tank to small containers forbarbecues and "RV" units.

Such facilities appear to be exempt from coverage by the PSMstandard because they are retail facilities or because they do not involveprocesses with threshold (or greater) quantities of propane. A retailfacility is defined as a site-specific establishment which otherwise would besubject to the PSM standard, at which more than half of the income isobtained from direct sales to end users.

(a)(2)(ii) Oil or gas well operations

Are single well processing facilities with equipment includingseparators, heat-treaters and storage tanks used in gas production (fromnon-H2S containing petroleum fluids) operations exempt from coverage under1910.119(a)(2)(ii), which excludes oil and gas well drilling and servicingoperations?

The 1910.119(a)(ii) exemption of oil or gas well drilling orservicing operations is intended to cover all drilling operations and anywell servicing operation including acidizing. Additionally, water separationfacilities adjacent to or near the well (including tanks used primarily forwater separation in conjunction with oil or gas well production) are notnormally covered by the PSM standard.

The following processes, when they involve at least thresholdquantities of oil or gas, are covered by the PSM standard. Oil or gas wellproduction fluids from several wells are processed by heating the fluids andphysically separating the water from the gas or oil. The water is returnedto the ground via a "down hole well" for disposal return to the strata fromwhich it came. But if these oil or gas well drilling operations take placeat "normally unoccupied remote facilities", then according to1910.119(a)(2)(iii), they are exempt from PSM standard coverage.

(a)(2)(iii) Meaning of "facility"

Can a facility contain more than one process?

A facility can include multiple processes. If multiple processesare interconnected, they may be considered a single process for purposes ofthe standard.

(b) "Process"

What are "aggregate threshold quantities"?

In accordance with the second sentence of the definition of"process," quantities of a particular hazardous chemical contained in vesselsthat are interconnected--and in unconnected vessels that may be adverselyaffected due to an incident at a nearby process--must be combined todetermine whether the threshold level of a hazardous chemical has beenreached. If the threshold level is exceeded by the combination of the amountin separate tanks and interconnected vessels, then all of these may beconsidered one process.

Is waste burning of covered solvents considered a process?

Yes.

(b) "Hot work"

"Spark-producing operations" include operations which useflame-or spark-producing equipment--such as grinders, welding, burning, orbrazing--that are capable of igniting flammable vapors or gases.

(b) "Normally unoccupied remote facility"

"Normally unoccupied remote facility" means that employeesare not permanently stationed at the remote location. This includes thosesites for which periodic visits by employees may be made on a scheduledbasis. Examples could include pump stations located miles from the mainestablishment. Employees may be assigned to check on the station asneeded.

The intent behind "remote" is that, due to the isolation of theprocess from employees by distance, such employees would not be affected bythe consequences of a catastrophic release. Therefore, the remote locationmust be geographically separated from other facilities and employees suchthat employees would not be affected by an explosion, vapor cloud of toxicgas, or other consequence of an uncontrolled release at the remotesite.

(c) Employee participation

In implementing employee participation as required by 1910.119 (c) of thePSM standard, can an employer mandate that employees e.g., top operators ofprocess units--provide the company with information such as step-by-stepprocedures for routine tasks performed on their operating units? Can theemployer threaten disciplinary action for employees who do not cooperate?

The employee participation called for at 1910.119(c) is intended toprovide for a cooperative participatory environment and necessary flow ofinformation from management to employees and from employees to management onprocess safety to eliminate or mitigate the consequences of catastrophicreleases of highly hazardous chemicals in the workplace. Paragraph1910.119(c)(2) contains language taken from the Clean Air Act Amendments(CAAA) of 1990. As prescribed by the CAAA, the standard at 1910.119(c)(3)requires that PSM information developed by the employer be made available toemployees and their representatives. Also, OSHA requires that an employercarefully consider and structure the plant's approach to employee involvementin the PSM program.

The plan-of-action standard at 1910.119(c)(1) is intended to addressthis issue to ensure that the employer actively considers the appropriatemethod of employee participation in the implementation of the PSM program inthe workplace.

(c)(2) Consultation

What does consult mean? Can the employer simply inform the employees?

Consultation refers to a two-way dialogue between the employer andthe employees and their representatives (where they exist), in which theemployer elicits, and responds to, employees' concerns and suggestionsbearing upon the elements of process safety management required under thisstandard. Consultation is therefore more than a way to inform employeesabout aspects of process safety; it is a process of seeking advice,criticisms, and suggestions from employees and theirrepresentatives.

1. The employer should establish a method for informing allemployees and their representatives that their process safety concerns andsuggestions are welcome. The employer must also establish a mechanism bywhich it will respond, orally or in writing, to such concerns andsuggestions.

2. In addition, the employer should affirmatively solicit thesuggestions and concerns of employees and their representatives, who, byvirtue of their job responsibilities, actual knowledge, or representativepositions, can reasonably be expected to make substantive contributions tothe development and evaluation of specific elements of process safetymanagement.

The standard requires employers to consult with "employees and theirrepresentatives." Is the term broad enough to include a representative ofthe international union? A consultant designated by the union local orinternational?

The standard requires consultation with "employees and theirrepresentatives". The term "employee representative" is intendedto mean union representative where a union exists, or an employeedesignated representative in the absence of a union. The term is to beconstrued broadly, and may include the local union, the international union,or an individual designated by these parties, such as the safety and healthcommittee representative at the site or a non-employee consultant. In theabsence of a union, employees have a right under the standard to designate arepresentative to participate in the consultation process.

With respect to the PHA team, in all cases it must consist of one ormore persons knowledgeable about the process. The intent of theconsultation requirement at 1910.119(c)(2) is not to compel the inclusion ofany person(s) who are not knowledgeable; ideally, the employer andemployees/employee representatives should reach a consensus on including themost capable parties.

(c)(2) Consultation--contractors

Must the employer consult with employees of contractors?

A host employer must consult with employees of covered contractorsand their representatives, to the same extent that it must consult withsimilarly situated direct hire employees. Therefore, the host employer mustestablish a method for informing all contractor employees and theirrepresentatives that their process safety concerns and suggestions arewelcome, and will be responded to. In addition, the following non-exclusiveexamples illustrate circumstances under which the host employer may berequired to solicit the advice and suggestions of specific contractoremployees about specific aspects of process safety:

1. Contract employees who function as process operators on coveredprocesses, or perform routine maintenance on covered processes, should beconsulted to the same extent as equivalent direct hire operating andmaintenance employees, respectively.

2. Contract employees who routinely interface with a hostemployer's Management of Change program should be consulted on theeffectiveness of the program as it relates to their jobs and based upon theirinteraction with it.

3. Contract employees who routinely participate in activitiespursuant to mechanical integrity should be consulted on the effectiveness ofthe program as it relates to their jobs and based upon their interaction withit; e.g., contract employees should be encouraged to identify anydeficiencies they observe in the host employer' s program.

4. Contract employees who have unique experience or knowledgeconcerning the operation, maintenance, or safe performance of any portion ofa covered process should be consulted, as appropriate, on that portion of theprocess during the PHA.

5. Contract employees who routinely interface with the hostemployer's safe work practices (such as, for example, the employer'slockout/tagout rules, hot work permit procedures, and confined space entryprocedures) should be consulted as to the effectiveness of thosepractices.

Host employers can consult with contractor employees and theirrepresentatives directly, or through the contractor employer. Contractoremployers share responsibility for ensuring that there is consultation withtheir employees.

(c)(3) Access

What does "access" mean? Does this mean simply make it available at acentral location? Does the employer have to make copies for employees ifrequested?

The intent of access under this standard is for theinformation to be made available for employees and their representatives in areasonable manner. Reasonable access may require providing copies or loaningdocuments. The trade secret provision of the standard permits the employerto require confidentiality agreements before providing theinformation.

(c)(3) Equal access to information

Under (c)(3), the employer is required to provide access to processhazard analyses and all other information to be developed under this standardto employees of covered contractors, to the same extent that it must provideaccess to direct hire employees, if similarly situated. Contract employersshare responsibility for assuring that their employees are provided with therequested information.

(d) Retention of information

How long must the employer maintain process safety information?

In order to demonstrate compliance with this paragraph, and to meetthe purpose of the standard, the process safety information is to be kept forthe lifetime of the process, and updated whenever changes other than"replacement in kind" are made.

(d)(2)(ii) Original process safety information not present

If process safety information on the original technology does not exist,what must the employer do?

The employer must obtain or generate the missing information. Ifthe information on the original technology does not exist, then the employermay delay the development of this information until the process hazardanalysis (PHA) is initiated, but in no case later than the applicable datesspecified at 1910.119(e)(1). However, the other information required by thissection must be compiled before conducting any PHA. The information on thetechnology must be gathered as the PHA's are conducted in accordance with thepriority schedule developed by the employer.

(d)(3)(iii) Older codes--PSM standard deadlines

For equipment based on old design codes, the employer must determine anddocument that the equipment is designed and operated safely. By what datemust the employer do this? Specifically:

* When must the employer determine adequacy of design based on oldcodes, and

* How much time does the employer have to make corrections?

Generally speaking, the time frames which apply to implementation ofthe PHA's also apply to this paragraph.

Such documentation must be completed either before or in conjunctionwith the development of the PHA, except where a pre-startup safety review isrequired, in which case the documentation must be completed before startup. For older equipment, this may require verification that the design andconstruction are safe for the intended application. Where corrective actionis required as a result of the PHA, it must be completed as soon as possiblepursuant to paragraph (e)(5).

EXCEPTION: For actions required by a pre-startup safetyreview (see (i)(2)), such corrective action must be implemented prior to thestartup if the correction is safety-critical.

(e)(1) PHA priority

What rationale must employers use to determine the priority forconducting the process hazard analyses? May the rationale include age,history, extent of employee exposure, etc.?

The appropriate priority for conducting PHA's is to be determined byusing all of the criteria identified in this paragraph, e.g., extent of theprocess hazards (catastrophic potential), age of the process, number ofpotentially exposed employees, and operating history. Other appropriatefactors may also be considered in establishing the priority. Thedocumentation required by this paragraph shall demonstrate the underlyingrationale for the prioritization.

(e)(1) PHA priority--"as soon as possible"

Paragraph (e) contains a five year phased-in compliance schedule forcompleting process hazard analyses. The provision mandates that employersfirst "determine and document the priority order for conducting processhazard analyses" and then complete 25 percent or more of the analyses eachyear after the second year. (See 57 Fed. Reg. 6378/3.) However, becauseOSHA believes that "plants with a limited number of processes, with simpleprocesses, or which have already completed a number of process hazardanalyses" will need less time to complete their analyses (57 Fed. Reg.6375/3), it included a specific provision requiring that analyses "becompleted as soon as possible." 29 C.F.R. 1910.119(e)(1)

(e)(1) PHA completion dates

What is the time frame for completion of the initial PHAs and forupdating and revalidating them?

In accordance with 1910.119(e)(l), all initial PHAs must becompleted as soon as possible, with at least 25 percent of them completed byMay 26, 1994; 50 percent by May 26, 1995; 75 percent by May 26, 1996; and allcompleted by May 26, 1997. Initial PHAs must be updated and revalidated atleast every 5 years thereafter (see 1910.119(e)(6). When employers updateand revalidate a PHA before the 5-year deadline, the subsequent update andrevalidation must be completed within the next 5-year period.

(e)(1) PHAs--Required site-by-site?

If a natural gas company has five sites with facilities performing thesame process, does a separate PHA need to be performed for each site, foreach facility at these sites, or for each process at each facility?

The PSM Standard is applicable, on a site-by-site basis, to eachworksite which has one or more facilities containing one or more processesinvolving one or more of the covered highly hazardous chemicals. A worksitemay be simply one facility containing a single process. (See the definitionof "facility" in Subsection (b) of 1910.119). On the other hand, a worksitemay be a complex of facilities, each containing one or moreprocesses.

Under 1910.119(e)(l), employers are required to perform initial PHAson processes involving highly hazardous chemicals covered by the PSMstandard. An employer may use a generic hazard analysis approach for thesame (or nearly the same) covered process at an individual worksite. Theemployer must account for variations (e.g., differences in siting, incidenthistories, technology, equipment, or operations) for each process covered bythis generic approach. Generic process hazard analysis is addressed insection 4. of nonmandatory Appendix C of 1910.119, Compliance Guidelines andRecommendation for Process Safety Management.

(e)(2) Process hazard analysis--"appropriate methodology"

What type of methodology must employers use in the PHA in order to besure it is "appropriate"?

Employers are expected to use sound judgment, on a case-by-casebasis, to determine an appropriate methodology for the process hazardanalysis for each covered process. It is not the intent of the standard torequire a PHA methodology that is excessively burdensome, but rather one thatis appropriate and which will have the capability to elicit all hazards,defects, failure possibilities, etc., for the process being analyzed, andalso have the capability to address all the factors at1910.119(e)(3).

(e)(3) Meaning of "control"

The regulation requires that the PHA address the "control" of thehazards. What is meant by: "identification, evaluation, and control ofprocess hazards"--?

The PHA is intended to identify and evaluate acceptable controls forprocess hazards. The evaluation of the hazards must include all the stepsset out in section (e)(3)(i) -vii), using a methodology consistent withsection (e)(2). Through the timely resolution of the PHA findings andrecommendations, the PHA is intended to control process hazards.

(e)(3)(iv) Quantitative determination?

Must the employer make a quantitative determination to determine theconsequences of failure of the controls?

The intent of this paragraph is to require the employer to at leastidentify each type of control as well as identify the possible effects of thefailure of the listed control. OSHA believes employers can determine theconsequences of a failure of these controls, and establish a reasonableestimate of the safety and health effects on employees without conducting aspecialized quantitative evaluation.

(e)(3)(v) Facility siting

What does "facility siting" mean?

With respect to existing plants, "siting" does not refer to the siteof the plant in relation to the surrounding community. It refers, rather, tothe location of various components within the establishment.

(e)(5) Abatement = shutdown?

Hazards may be identified for which a recommended solution/action mightbe the shutdown of the process. For example, several processes might belocated very close, and if fire were to occur a domino effect might result ina catastrophic release. The resolution may be to separate the processes, butthere is no additional property on which to expand. What is required of theemployer?

In such situations, the employer could implement protective measuresto minimize the probability of a major uncontrolled release. An appropriateresponse in this specific case, for example, might be to install additionaldetection systems which may be interlocked to deluge systems for tanks andprocess equipment, to provide additional protective measures for onsitepersonnel, and to implement administrative controls, such as reducinginventories and numbers of exposed personnel.

(e)(5) Timeliness

Employers must "promptly" address the problems identified in the PHA in a"timely manner," and complete actions "as soon as possible." What time framedid OSHA intend here?

The standard's intent is for the employer to take corrective actionas soon as possible. As soon as possible means that the employer shallproceed with all due speed, considering the complexity of the recommendationand the difficulty of implementation. OSHA expects employers to develop aschedule for completion of corrective actions, to document what actions areto be taken, and to document the completion of those actions as theyoccur.

(e)(5) Addressing PHA team's findings and recommendations

Paragraph (e) of the standard requires that a team with expertise inengineering and process operations conduct a process hazard analysis,containing specific findings and recommendations for each covered process. The employer is then required to promptly "address" and "resolve[]" theteam's findings, document the actions taken, and communicate these actions tothe affected employees. 29 C.F.R. 1910.119(e)(5).

OSHA considers an employer to have "resolved" the team's findingsand recommendations when the employer either has adopted the recommendations,or has justifiably declined to do so. Where a recommendation is rejected,the employer must communicate this to the team, and expeditiously resolve anysubsequent recommendations of the team.

An employer can justifiably decline to adopt a recommendation wherethe employer can document, in writing and based upon adequate evidence, thatone or more of the following conditions is true:

1. The analysis upon which the recommendation is based containsmaterial factual errors;

2. The recommendation is not necessary to protect the health andsafety of the employer's own employees, or the employees ofcontractors;

3. An alternative measure would provide a sufficient level ofprotection; or

4. The recommendation is infeasible.

(e)(7) Retention

How long must the process hazard analyses, updates, and revalidations beretained?

For the life of the process.

(f)(1) Written operating procedures

Many employers have computerized process control systems and safetyinterlock systems software. Can simplified loop diagrams or narrativedescriptions be used to describe the logic of software and the relationshipbetween the equipment and computerized process control systems, to meet therequirements for written operating procedures at 1910.119(f)(1)? Can systemlogic flow charts or narrative descriptions of the computerized safetyinterlock systems be used to meet these same requirements?

It is anticipated that employers would include loop diagrams, flowcharts, and narrative descriptions of control and interlock systems in theircompilations of written process safety information required by 1910.119(d)before conducting any PHAs required by 1910.119(e). Written operatingprocedures must be developed to provide clear instructions for safelyconducting activities involved in each covered process, consistent with theprocess safety information and with the associated PHA. Simplified diagrams,flow charts, and narratives could be used in conjunction with instructions tomeet the requirements for written operating procedures at1910.119(f)(1).

(f)(1)(iii)(c) "Control measures to be taken if physical contact orairborne exposure occurs"

Does this mean first aid, or industrial hygiene services?

It primarily means first aid procedures or emergency medicalattention, which should be consistent with the information on the materialsafety data sheet.

(g)(1)(i) Initial training

Training in an overview of the process, and in safety and healthhazards, emergency operations, and safe work practices, must have beencompleted by May 26, 1992. In situations where operating procedures werealready in place, training in those existing procedures was required by May26, 1992. Initial training shall have been provided by that date, based onexisting procedures and available process information. As new informationand procedures are developed, refresher training must be provided inaccordance with paragraph (g)(2).

(g)(1)(ii) Initial training--"grandfathering"

What is required in the employer's written certification regardingemployees whose initial training is "grandfathered"?

Where employees involved in operating the process have not receivedthe initial training required under (g)(1)(i), but have been involved inoperating the process safely for a period of time prior to May 26, 1992, theemployer may waive the initial training requirement by certifying inwriting that the employee has the required knowledge, skills, andabilities to safely carry out the duties and responsibilities as specified inthe operating procedures, written or otherwise. Such certification may bebased on on-the-job evaluation or other equivalent determination methods. When new operating procedures--which must be written--are subsequentlydeveloped, the employer must give training to operating employees prior totheir implementation.

(g)(2) Refresher training

Employees have to be given refresher training at least every 3years--measured from when?

The time period for refresher training of an employee involved inoperating a process is to be measured from the date of the employee's lasttraining [or "grandfathering," as allowed at (g)(1)(ii)] in the overview andcurrent operating procedures of the process.

Under what circumstances must refresher training be provided more oftenthan every 3 years?

Employers, in consultation with employees, shall determine theappropriate frequency, which may be based on consideration of such factors asdeviations from standard operating procedures, recent incidents, or apparentdeficiencies in training.

Is training under "management of change" considered to be refreshertraining?

No. It is an independent training requirement, in addition to othertraining requirements of the standard.

(g)(3) Training documentation

This paragraph requires the employer to make sure that operators"understand" the training provided to them under this section. Is somemethod of testing required?

There must be some positive means taken by the employer to determineif employees have understood their training and are capable of adhering tothe current operating procedures of the process. This could include theadministration of a written test, although the standard does not require thata formal written test be used. Other means of ascertaining comprehension ofthe training, such as on-the-job demonstrations, etc., are acceptable, aslong as they are adequately documented.

(h) Scope of activities

The list of covered and exempted activities in paragraph (h) ismeant to be illustrative of potential contractor activities. The standardcovers all contractor activities that have the potential for affectingprocess safety. Therefore, paragraph (h) applies to all contractor activitieson or adjacent to a covered process, except those incidental activities thatdo not influence process safety, such as janitorial work, food and drinkservices, laundry, delivery or other supply services. Consequently,contractors performing construction, demolition, equipment installation andother work that bay affect the safety of a covered process must comply withthe requirements of this paragraph. Furthermore, paragraph (h) is not theonly part of the process safety management standard that applies tocontractors. In appropriate circumstances, other provisions of the standardapply.

(h) Scope of activities--construction work

Do contractors performing construction work at a site covered by the PSMstandard also have to comply with 29 CFR 1926 standards?

Contractors performing construction work at a site covered by thePSM standard must comply with all applicable standards under 29 CFR 1926,including Part 1926, Subpart C requirements. See the regulation at 29 CFR1910.12(b), which defines the term "construction work," and the regulation at29 CFR 1926.13, which discusses the terms "construction," "alteration," and"repair."

(h)(1) and (2) Contractors and subcontractors

Paragraph (h) applies to all subcontractors whose work falls withinthe scope of covered work as established in (h)(1). The host employer and thegeneral contractors are both responsible for ensuring that the dutiescontained in (h)(2) are performed; this applies to inquiring into the safetyrecords of their subcontractors, informing the subcontractor as to the knownpotential hazards, the emergency action plan, and safe work practices, andensuring the subcontractor's compliance with the standard. Furthermore,under (h)(2)(v), the host employer has the obligation to assure that thecontract employer and the subcontractor are properly performing theirobligations under (h)(2) with respect to their subcontractors' compliancewith the standard.

The intention is that host employers and contractors exerciseresponsible oversight of their respective contractors' and subcontractors'performance of safety and health requirements under the standard.

(h)(2) Contractors--Employer responsibilities--Training

How much of the burden of training contractor employees is placed on theemployer?

The burden of training contractor employees is on the contractoremployer. However, under 1910.119(h)(2)(v), the host employer shallperiodically evaluate the contract employer's performance with respect to the(contract) employee instruction and training requirements at1910.119(h)(3).

NOTE: The employer must inform a contract employer of the hazardsrelated to the contractor's work and the process [as noted at1910.119(h)(2)(ii) and (iii)].

Although the standard places the primary responsibility forproviding training to its employees on the contract employer itself, the hostemployer bears the responsibility to "periodically evaluate the performanceof contract employers in fulfilling their obligations as specified inparagraph (h)(3)." 29 C.F.R. 1910.119(h)(2)(v). Such "obligations" clearlyinclude training obligations. The standard also requires the host employerto select a contract employer only after evaluating its safety performanceand programs [(h)(2)(i)], and to inform the contract employer about thespecific hazards associated with the process [(h)(2)(ii)] and the provisionsof the emergency action plan [(h)(2)(iii)].

If contract employees are involved in operating a process ormaintaining the on-going integrity of process equipment, then they mustreceive training in accordance with the specific training requirements setforth in paragraphs (g) and (j), respectively. In order to satisfy itsobligations under (h)(2)(v), the host employer must ensure, through periodicevaluations, that the training provided to these contract employees by thecontract employer is in fact equivalent to the training that the standardrequires for direct hire employees. Such training need not be identical informat or content or context to training given to the host's employees. Thecritical element is that information required by the standard must beconveyed to and learned by contract employees as well as direct hireemployees. The obligation may be satisfied by joint training or by separatetraining.

Moreover, (h) requires that every employee of a covered contractorbe trained in the work practices necessary to perform safely his or her job. The contract employee must be able to perform his or her own job tasks safelyand should receive:

(a) training prior to beginning work on or near a covered process,which should encompass (i) instruction regarding known process hazardsrelated to his or her job, including training in the applicable provisions ofthe emergency action plan; and (ii) training in the safe work practicesadopted by the host employer and the contract employer; and

(b) additional training as necessary (i) to prepare the employeefor changes in the operations or work practices at the facility and (ii) toensure that the employees's understanding of the applicable safe workpractices and other rules remains current.

(h)(2)(i) Contractors--Employer responsibilities--Selecting acontractor

When selecting a contractor, an employer has to evaluate the potentialcontractor's safety performance and programs. Must the employer documentthis? If so, to what extent?

The standard does not require the employer to document theevaluation of the information obtained regarding contractor safetyperformance and programs. However, OSHA compliance officers are directed toreview records about these aspects of the selection process and to determineif the employer has met the intent of this provision. (See Appendix A ofthis instruction, page A-25.)

(h)(2)(vi) Contractors--Employer responsibilities--Contractor injury andillness log

What type of injury and illness log does an employer have to maintainregarding contract employees?

If the contract employer is willing to share the OSHA 200 log andOSHA 101 first reports of injury (or equivalent) with the employer, and ifthose logs and reports specifically indicate which injuries and illnesses arerelated to process areas, then such records would be acceptable to OSHA. Acceptable alternatives would be for the employer to develop a contractemployee injury and illness log separately for each contractor, or a combinedlog for all contractors if the combined log distinguishes amongcontractors.

(i)(2)(i) Pre-startup safety review--equipment in accordance with designspecifications

The employer is responsible for ensuring that process equipmentmeets design specifications prior to startup. For equipment that has beenmodified to the extent that a change to the process safety information isrequired, the employer must ensure that the process safety information hasbeen modified prior to startup. (Note also the requirements of

1910.119(j)(4)(ii)--Mechanical integrity--Inspection andtesting.

(j)(1)(i) Application

"Pressure vessels and storage tanks" includes "pressurized"storage tanks; i.e., tanks designed to be used above atmospheric pressure, aswell as non-pressurized (atmospheric) storage tanks.

(j)(2) Written Procedures

The purpose of this provision is to require written procedures inadequate detail to ensure that the specific process equipment receivescareful, appropriate, regularly scheduled maintenance to ensure its continuedsafe operation. A "breakdown" maintenance program (i.e., a program whereinaction is taken only when something breaks down) does not meet therequirements of this paragraph.

(j)(2) Written Procedures

Do these written procedures need to be specific to each vessel, each typeof vessel, or each group of equipment types listed?

The procedures need to be specific to the type of vessel orequipment. Identical or very similar vessels and items of equipment insimilar service need not have individualized maintenance procedures. Eachprocedure must clearly identify the equipment to which it applies.

(j)(3) Training for process maintenance activities

As OSHA indicated in the preamble, paragraph (j)(3) requires thatemployers provide maintenance employees with "on-going" or "continual"training adequate "to assure that they can perform their jobs in a safemanner." (See 57 Fed. Reg. 6390/1.) In this regard, the paragraph clearlycontemplates that new maintenance employees be trained before beginning workat the site, and all maintenance employees receive additional trainingappropriate to their constantly changing job tasks.

Moreover, although "maintenance employees need not be trained inprocess operating procedures to the same extent as those employees who areactually involved in operating the process" (57 Fed. Reg. 6390/1), they mustbe trained in all "procedures applicable to the employee's job tasks toassure that the employee can perform the job tasks in a safe manner." 29C.F.R. 1910.119(j)(3). Thus, a maintenance worker sent to work on a processbreakdown must be trained in operating procedures that are relevant to therepair or installation on which he or she is working.

Finally, OSHA intends that employers incorporate all safety-relatedtopics applicable to maintenance tasks into the ongoing training programrequired by paragraph (j) to assure that maintenance employees can performtheir job tasks in a safe manner. Thus, in order to train maintenanceworkers in "procedures applicable" to their job tasks under paragraph anemployer must, in appropriate circumstances, train these workers in the safework practices required under paragraph (f)(4), in the written procedures tomanage change under paragraph (l), and in the appropriate provisions of theemergency action plan under paragraph (n) of the standard. These provisions,in turn, may implicate other OSHA general industry requirements, such as, forinstance, the training requirements of the lockout/tagout standard. (See 29C.F.R. 1910.147(c)(7).

(j)(5) Equipment deficiencies

If equipment is found to be operating outside acceptable limits, must theprocess be shut down and the equipment deficiencies corrected before furtheruse?

To ensure the ongoing mechanical integrity of the covered process,equipment deficiencies must be corrected promptly if the equipment is outsidethe acceptable limits specified in the process safety information. There maybe situations where it may not be necessary that the deficiencies becorrected "before further use" as long as the deficiencies are corrected in asafe and timely manner when necessary means (e.g., protective measures andcontinuous monitoring) are taken to ensure safe operation.

NOTE: Operating equipment outside acceptable limits is consideredto be a deficiency.

(j)(6)(ii) Quality assurance

If an installation is being done by contractors, does this require theemployer to implement a quality assurance program to monitor the activitiesof these contractors?

The employer is responsible for ensuring that equipment is installedconsistent with design specifications and manufacturer's instructions. Thismay require the employer to be involved in the review, inspection,certification, and quality assurance of work performed bycontractors.

(l) Management of change

What does "change" encompass?

Any change whatsoever that may affect a covered process triggers themanagement of change provisions. The only exception to this is when there isa replacement in kind.

Do the management of change procedures apply to items such as gaskets?

Replacements in kind are not covered. If a new gasket is to beinstalled that is of different material, composition, shape, size, or design,then a management of change would be required.

(m)(5) Addressing team's findings

Paragraph (m) requires that a team of knowledgeable individualsinvestigate every catastrophic incident and "near-miss," and likewiserequires that the employer promptly "address and resolve" the team'srecommendations and document corrective action. [See1910.119(m)(5).]

As with the similar provision in paragraph (e), this provision wasdesigned to require the employer to respond to the team's findings andrecommendations, while at the same time allowing the employer the flexibilitynot only to reject proposals that are erroneous or infeasible, but also tomodify a recommendation that may not be as protective as possible or may beno more protective than a less complex or expensive measure. (See 57 Fed.Reg. 6395/3.)

OSHA considers an employer to have "resolved" the team's findingsand recommendations when the employer either has adopted the recommendations,or has justifiably declined to do so. Where a recommendation is rejected,the employer must communicate this to the team, and expeditiously resolve anysubsequent recommendations of the team.

An employer can justifiably decline to adopt a recommendation wherethe employer can document, in writing and based upon adequate evidence, thatone or more of the following conditions is true:

1. The analysis upon which the recommendation is based containsmaterial factual errors;

2. The recommendation is not necessary to protect the health andsafety of the employer's own employees, or the employees ofcontractors;

3. An alternative measure would provide a sufficient level ofprotection; or

4. The recommendation is infeasible.

(o)(1) Compliance audits--required frequency?

Employers must certify at least every 3 years that they haveevaluated compliance with 1910.119. Under 1910.119(o)(1), employers mustconduct compliance audits in a timely manner to meet this certificationrequirement. The first certification is required no later than May 26, 1995. When employers conduct compliance audits and certify compliance with1910.119 before May 26, 1995, the subsequent certification must be within 3years from the certification date.

NOTE: It may be necessary for employers to conduct complianceaudits and certify that they have evaluated compliance more frequently thanevery 3 years, because of significant or numerous deficiencies disclosed bythe previous audit, or for other reasons.

(o)(4) Documenting actions based on compliance audit findings

The purpose of this paragraph is to ensure that employers determinean appropriate response to each of the report findings and, if employersidentify a deficiency that needs to be corrected, that they document thecorrection of the deficiency. The appropriate response to each of the reportfindings must be promptly documented. The correction of anyidentified deficiency must be documented as soon as possible after thecorrective action is taken.

References for Compliance with the PSM Standard

1. OSHA Instruction CPL 2.45B, June 15, 1989, the Revised Field OperationsManual (FOM).

2. OSHA Instruction STP 2.22A, CH-2, January 29, 1990, State Plan Policiesand Procedures Manual.

3. OSHA Instruction ADM 1-1.12B, December 29, 1989, Integrated ManagementInformation System (IMIS) Forms Manual, Chapter

4. OSHA Instruction CPL 2.94, July 22, 1991, OSHA Response to SignificantEvents of Potentially Catastrophic Consequences.

5. "Safety and Health Program Management Guidelines," 1989; U.S.Department of Labor, Occupational Safety and Health Administration

6. "Safety and Health Guide for the Chemical Industry," 1986, (OSHA 3091);US.DOL, OSHA.

7. "Review of Emergency Systems," June 1988; U.S.E.P.A., Office of SolidWaste and Emergency Response, Washington, DC 20480.

8. "Guidelines for Hazard Evaluation Procedures," Center for ChemicalProcess Safety of the American Institute of Chemical Engineers; 345 East 47thStreet, New York, NY 10017.

9. "Plant Guidelines for Technical Management of Chemical Process Safety,"Center for Chemical Process Safety (CCPS) of The American Institute ofChemical Engineers (AICHE).

10. "Guidelines for Safe Storage and Handling of High Toxic HazardMaterials," AICHE, CCPS.

11. "Guidelines for Vapor Release Mitigation," AICHE, CCPS.

12. "Process Safety Management (Control of Acute Hazards)," ChemicalManufacturers Association (CMA).

13. "Evaluating Process Safety in the Chemical Industry," ChemicalManufacturers Association; 2501 M Street NW, Washington, DC 20037.

14. "Safe Warehousing of Chemicals," Chemical Manufacturers Association.

15. "A Managers Guide to Reducing Human Errors Improving Human Performancein the Chemical Industry," Chemical Manufacturers Association.

16. "Improving Owner and Contractor Safety Performance," API RecommendedPractice 2220.

17. "Management of Process Hazards," American Petroleum Institute (API)Recommended Practice 750, First Edition, January 1990; 1220 L Street NW,Washington, DC 20005.

18. "Sizing, Selection, and Installation of Pressure Relieving Devices,"Part 1, July 1990, API RP 520.

19. "Guide for Pressure relieving and Depressuring Systems," Nov. 1990, APIRP 521.

20 "Avoiding Environmental Cracking in Amine Units," Aug. 1990, API RP 945.

21. "Pressure Vessel Inspection Code: Inspection, Rating, Repair, andAlteration," June 1989, API STD 510.

22. "Inspection of Piping, Tubing, Valves, and Fittings," API RP 574.

23. "Prevention of Brittle Fracture of Pressure Vessels," API RP 920.

24. "Accident Investigation * * * A New Approach," 1983, National SafetyCouncil; 444 North Michigan Avenue, Chicago, IL 60611-3991.

25. "Fire & Explosion Index Hazard Classification Guide," 6th Edition, May1987, Dow Chemical Company; Midland, Michigan 48674.

26. "Chemical Exposure Index," May 1988, Dow Chemical Co.

27. "Pressure Vessels, Section VIII," The American Society of MechanicalEngineers (ASME).

28. "Chemical Plant and Petroleum Refinery Piping," ASME B31.3.

29. "Personnel Qualification and Certification in Nondestructive Testing,"American Society of Nondestructive Testing, Recommended Practice No.SNT-TC-1A.

30. "Prevention of Furnace Explosions/Implosions in Multiple Burner BoilerFurnaces," National Fire Protection Association, NFPA 85C.

31. "Purged and Pressurized Enclosures for Electrical Equipment," NFPA 496.

32. "Spacing of Facilities in Outdoor Chemical Plants," Factory Mutual LossPrevention Data Sheet, 7-44.

33. "Chemical Process Control and Control Rooms," Factory Mutual LossPrevention Data Sheet, 7-45.

34. "National Board Inspection Code, A Manual for Boiler and PressureVessel Inspectors," The National Board of Boiler and Pressure VesselInspectors, 1992.

35. Gideon, James A., and Thomas W. Carmody, "Process Safety Management: Resources from the American Institute of Chemical Engineers for Use byIndustrial Hygienists," American Industrial Hygiene Association Journal (53),June 1992.

Additional References on Explosives Manufacture:

36. Institute of Makers of Explosives Safety Library Publications, 112019th Street, N.W., Suite 310, Washington, D.C. 20036:

No. 1 Construction Guide for Storage Magazines No. 2 TheAmerican Table of Distances No. 3 Suggested Code of Regulations for theManufacture, Transportation, Storage, Sale, Possession, and Use of ExplosiveMaterials No. 4 "Do's and Don'ts" Instructions and Warnings No. 12 Glossary of Industry Terms No. 17 Safety in the Transportation, Storage,Handling and Use of Explosives No. 20 Safety Guide for the Prevention ofRadio Frequency Radiation Hazards in the Use of Electrical Blasting Caps No. 22 IME Standard for the Safe Transportation of Class C Detonators (BlastingCaps) in a Vehicle with Certain Other Explosives

37. Department of Defense (DOD) Standards:

DOD 5154.45 DOD Ammunition & Explosives Safety Standards

     DOD 4145.26M   DOD Contractor's Safety Manual for                    Ammunition, Explosives and Related Dangerous                    Material

38. National Fire Protection Association (NFPA) Codes:

     NFPA 495  Code for the Manufacture, Transportation, Storage               and Use of Explosive Materials     NFPA 77   Static Electricity     NFPA 78   Lightning Protection Code

Training Program References:

39. Synthetic Organic Chemical Manufacturers Association (SOCMA) Level IChemical Process Operator Certification Training Trainee Manual, May 1990;NUS Corporation, Fossil and Industrial Training Services Department, 910Clopper Road, Gaithersburg, MD 20877-0962.

      Recommended Guidelines for PQV Inspection Preparation                         (Nonmandatory)

The following guidelines are suggested as background and preparation for aPQV inspection. These are suggested actions only, and shall in no case takeprecedence over the guidance presented elsewhere in this instruction.

AREA OFFICE COORDINATION

Coordination within the Area Office is absolutely essential in the orderlyconduct of a PQV inspection. The Area Director and all those involved in aPQV inspection must commit the resources with the understanding that theproject is long-term, possibly several weeks or months. It is imperativethat team members complete all outstanding assignments prior to the PQVinspection. Equally important, team participants should not be directed or"asked" to do assignments while they are engaged in the PQV inspection. Anobvious exception would be court hearings, over which the Area Office haslittle control.

The Area Director should designate a contact person in the Area Office tocoordinate and oversee all aspects of the inspection. The contact personshould be a supervisor, safety or industrial hygiene (IH), who is familiarwith the PQV concept. In addition to providing Area Office coordination, thecontact person would review the entire case file/report. The team leaderwould communicate at least weekly with the contact supervisor, who would thenbrief the Area Director as appropriate.

INSPECTION TEAM COMPOSITION

By design, a PQV inspection is a large and complex undertaking, to beaccomplished by a select, well-trained team. All members of the team must beexperienced journey or senior level compliance officers who are familiar withthe chemical industry and have taken the appropriate OSHA training. Newercompliance officers can be utilized in the inspections, but not as asubstitute for regular team members.

The team should consist of two safety compliance officers/engineers, twoindustrial hygiene compliance officers, an administrative support person anda construction specialist. The team leader could be from either discipline inthe team, but preferably a safety specialist, due to the fact that most ofthe critical PSM and construction related hazards reside in the area ofsafety.

The team leader should be a GS-12 Senior Compliance Officer with experiencein large team inspections. He or she should have excellent organizationaland communication skills, both oral and written. It would also be of benefitthat the team leader be knowledgeable in word processing and data basemanagement computer operations. Since the team leader will be the focalpoint during the conduct of the inspection, that person should also havedemonstrated leadership abilities. The entire team, the company,employees/unions and other OSHA personnel will look to the team leader fordirection and answers to the many questions that will arise during the courseof the inspection.

The team leader is responsible for the overall conduct of the inspectionincluding planning, onsite activities and report preparation. The leaderwould assign the various inspection areas to team members in accordance withtheir expertise and abilities, and determine what, if any, special expertiseis needed. Additional responsibilities include:

1. Keeping the Area Office contact apprised of activities;

2. Providing and tracking requests for documents;

3. Resolving problems with the company;

4. Ensuring that the report addresses all questions in thedirective.

An administrative support person would greatly increase the overallefficiency of the inspection. This position would be ideal for anaccommodated compliance officer with some computer skills and organizationalabilities. The support person would answer directly to the team leader andwould be responsible for organizing, labeling and filing the many documentsthat will become part of the case file. An accommodated CSHO could alsoreview the documents and document requests to assure the request was properlyfulfilled. In addition, an accommodated CSHO could assist the inspectingteam members with the many interviews that will be conducted. The supportperson would also be responsible for the inspection supplies and equipment.

Safety and IH team members are responsible for carrying out the PQVinspection activities under the direction of the team leader. They must keepthe team leader apprised of their activities and potential problems when theyarise. The construction specialist would work for the most partindependently of the rest of the team, under the general direction of theteam leader. Some crossover of inspection areas is to be expected, as manyof the contractors and company responsibilities overlap.

PRE-INSPECTION PREPARATION

Effective planning and preparation is essential to the efficientimplementation and successful completion of any large inspection, especiallya PQV. Exhibit 1 provides an outline that can be used as a guide to plan andprepare for a PQV inspection. Establishment histories can be obtained andreviewed well in advance of the target date for the inspection. Theinspection strategy and scheduling should be done after the team has beenselected. A pre-inspection meeting with all members and the Area Officecontact person should be held prior to entry.

The case file begins in the planning and preparation stage. Any documentsreceived, such as micro to host reports, citations and PSM-related findings(including PetroSEP) in other regions must be logged and identified to allowfor easy retrieval. An activity log/diary should be started to record allpertinent actions taken. A computer data base management program isrecommended to keep track of the document requests and to provide a readyindex of the documents that have been obtained. With this type of system itwould be easy to search for pertinent documents by using the OSHAidentification number, topic of document, company identification number, dateof request, etc., and to ensure that various members of the team do notduplicate requests for documents.

The team should develop a weekly schedule of activities, taking into accounttravel days, holidays, start time, stop time, company briefings and internalbriefings. Time should be allotted during the inspection week to completenecessary paperwork and documentation and tie up loose ends.

DOCUMENTS

PQV inspections will require compliance officers to review numerous companydocuments. Many of these documents will become part of the case file asdocumentation for potential citations or for documentation of the requiredPSM elements. It is imperative that these documents be organized andidentified so that they may be readily referenced and reviewed. It is highlyrecommended that all requests for copies of company documents be in writing.A standard document request format should be established and should containat least the following information:

1. Who is the requester 2. To whom the request is made 3. Identity of the document (in company terms if possible) 4. Company documentnumber 5. Date of request 6. Priority for response 7. Internal I.D.number or docket number (for filing) 8. Date request fulfilled 9. Commentsection (did the response fulfill request).

It should be noted that there is no universal language used to identifydocuments. Different companies have different names for the same type ofdocument. It is therefore essential to clearly communicate what informationis needed and desired prior to writing the request. The document requestsshould be in duplicate: one copy for the company and the other to beretained in the case file. To avoid long discussions and legal departmentinvolvement, all documents obtained should be considered proprietaryinformation.

Prior to the documents actually being received, a filing system should bedeveloped. The system should be secure, accessible to all team members andensure that individual documents are easily retrievable. The administrativesupport person could manage the filing system to ensure its continuedeffectiveness. NOTE: Only appropriate documents should be maintained in thefiling system; field notes, document "clips", and document review/evaluationnotes should remain with the corresponding 1B's.

Exhibit 2 contains a list of those documents most commonly requested. It isdivided into two sections: Pre-Unit Selection and Unit-Specific Documents.

INSPECTION FACILITIES

The PQV team needs a suitable work area/command center from which theinspection can be conducted and coordinated. Except in the most unusual ofcircumstances, the company will provide the requisite onsite space. Almostany room will suffice, providing it meets some basic requirements. The workarea must be secure 24 hours a day with access limited to the inspection teamand those company officials who would respond in an emergency. This isimportant so as to preclude taking boxes of documents and equipment in andout each day. The room should have sufficient desks and/or tables forreviewing documents and writing the report. Provisions should be made forcommunications--one phone line as a minimum. Outgoing calls should becharged on the Area Office calling card. Where phone service is notprovided, the team should have a portable cellular phone. Sufficient poweroutlets should be available for charging pumps, batteries and otherinspection equipment.

The inspection team will need copies of a number of documents. It is hopedthat the company would provide copying services or the use of a copy machine. The administrative support person could make the copies should the companynot provide these services.

The team leader must determine as soon as possible, what--if any--of thenecessary facilities the company will provide. If the company does notprovide all of the necessary facilities voluntarily, or puts disruptiverestrictions on their use, the ARA for Technical Support should be contactedas soon as possible so that alternate facilities can be arranged. This mayresult in the use of a rented copier(s) and office space.

INSPECTION EQUIPMENT

Upon entry to the site, the inspection team should be fully prepared withall necessary inspection equipment and personal protective equipment. Exhibit 3 contains a list of equipment that may be useful to prepare for theinspection. In addition, an inspection "kit" is outlined which can be usedto set up the command center. Some of the items in the "kit" may appear tobe trivial; however, all of these items will be needed at some time duringthe inspection. It may not be practical to go back and forth to the officeor a store to get these items, particularly if the inspection site is in aremote location. The administrative support person would be responsible formaintaining adequate supplies throughout the inspection.

CRITICAL INSPECTION AREAS

It is essential that team members have specific subjects and areas toinvestigate. The team leader, with input from the team members, shouldassign the inspection areas prior to entry. This will help to avoidconfusion and duplication of effort. In addition, the team members will beable to be better prepared for their individual tasks.

As inspection subjects are completed, the information should be reviewedwith the team leader before going on to the next assignment. The state ofcompliance or noncompliance within any given area may require the team leaderto modify the assignment list so as to make the most of the resourcesavailable.

CONTRACTORS

Contractors are an integral part of any PSM inspection. There may be only afew contractors or dozens, with several hundred contract employees, dependingon whether the facility is undergoing a shutdown or turnaround.

It is imperative that, upon entry, the scope of the contractor activity bedetermined. The construction specialist on the team will have to formulatean inspection plan and set appropriate priorities. It is not the intent ofthe PQV inspection to inspect all outside contractors that are on-site,rather to inspect only those contractors who may be exposed to, or couldcause or be affected by a catastrophic incident. Food service workers,certain janitorial employees and similar activities would not normally beinspected. Remote construction projects not associated with catastrophicpotential would not necessarily be inspected.

The term "contractor" is not limited to construction type activities. Manychemical facilities use contract maintenance workers, vessel and pipinginspectors, vessel heat treating, cleaning, engineering and similarnon-construction contractors who remain at the facility year round or arecalled in at regular intervals. They are used to supplement existing plantpersonnel for regular duties and for special projects.

A shared responsibility for both contractors and company is qualityassurance. It is essential that all materials and workmanship meetengineering standards. There should be sufficient checks to ensure thatmaterials, such as the proper alloy or carbon steel pipe is used, and thatthe studs and/or bolts are of the proper size and grade. This is especiallyimportant in contractor supplied materials.

CRITICAL EXPERTISE

Situations may arise in a PQV inspection that are beyond the technicalexpertise of the team members. A list should be developed identifying OSHApersonnel and/or private sector experts and how they may be contacted. Areaswhere this expertise may be needed are:

1. Pressure equipment 2. Fire protection (fire brigades) 3. Facility siting 4. Emergency medical services 5. Hazardous wasteoperations 6. Dispersion modeling & incident command centers 7. Processhazard analysis/HAZOPS 8. Process chemistry 9. Industrypractice

By no means is this list all-inclusive. It should be modified as needed toreflect current technology and hazards.

DOCUMENTATION

In order to withstand the probable legal challenges, all items must bethoroughly documented. Since the team will be made up of journey-andsenior-level CSHOs, good documentation is to be expected. All OSHA-1B formsmust be complete and legible. Shortcuts for employer knowledge such as"should have known" or "reasonable diligence" are not acceptable. Appropriate company documents, logs, procedures, permits, etc., should bereferenced on the 1B for the particular violation.

Photographic documentation, either still camera or videotape, should bereviewed as soon as practicable to ensure that the condition or violation isappropriately depicted. Retake any photos or videos that are not goodquality.

CASE FILE AND REPORT PREPARATION

A PQV inspection will take weeks or months of onsite activity and willgenerate a large amount of paper, both in field notes and documents. It isessential that the paper flow be organized and well maintained. This willresult not only in a more efficient onsite survey, but will greatly reducethe write-up time.

A daily log, either manual or computer generated, should be maintainedindicating the team members onsite, daily activities, meetings, problems, orother details, as necessary. All OSHA-1B forms should be completed as theviolation is observed, documenting the employees exposed, the date, time,location and management representative who accompanied the CSHO. Eachinstance of a violation should have a separate 1B. Where multiple violationsare noted on a form, the form should be photocopied and highlighted showingthe appropriate instance and corresponding documentation. Alleged violationdescriptions should be written as soon as practicable, while the hazard isfresh in the mind of the CSHO. Multi-employer policy citations must becoordinated with respect to exposing, controlling, correcting and creatingemployers' files.

Case file structure and organization must begin prior to entry into thefacility. All documents must be logged and an index (computer preferred)generated, indicating the subject matter, document identification number,file number and the location of the document (box number). This isessential, as these documents may have to be referenced or retrieved manytimes during the course of the inspection and the review process. A database management program for the PC's would be extremely beneficial. Computerdisks should be backed up daily, or more often as necessary. The photos andvideotape taken during the inspection should be properly identified withphotographer, date, roll or tape number and subject. They should be kept ina separate file.

EXHIBIT 1

PRE-INSPECTION PREPARATION

A. Previous OSHA history - nationwide search

1. all citations and/or reports 2. litigation results 3. outstanding issues, items in contest 4. health response team reports 5. NIOSH evaluations if any

B. EPA history 1. reportable releases 2. reports of any kind 3. complaints and pending actions

C. Other Agency histories - local/State/Federal

1. Dept. of Transportation 2. Coast Guard 3. ESDA/FEMA 4. State Fire Marshal 5. State Boiler and Pressure Vessel

D. Previous PetroSEP/PSM inspection results

1. citations 2. team members & expertise 3. settlementagreements or litigation results

E. Identify contact people -- other jurisdictions

o EPA, DOT, Coast Guard, etc.

F. Acquire necessary codes or standards

o ASME, API, ANSI, NFPA, etc.

INSPECTION STRATEGY

A. Identify critical needs and expertise

B. Select team members

C. Identify expertise within the team

D. Identify critical inspection areas

E. Assign areas according to expertise

F. Identify areas lacking expertise

1. provide training 2. bring in additional resources

G. Develop a tracking system for documents

H. Develop a daily log of on-site activities

I. Identify known scheduling conflicts

o Team members and/or employer

J. Develop weekly schedule of activities

1. travel, write up, start/stop times 2. employer/employee andArea Office updates

PLANNING AND SCHEDULING

A. Create a Projected Time Line

1. Projected records and program review time 2. Projectedwalkaround time 3. Projected write-up time

B. Resource Scheduling

1. Team leader and construction specialist enter first for programand records review; present document request list.

2. Full team enters following acquisition of requested documentsfor program/record review & walkaround 3. Expert assistance enters asneeded

C. Equipment Acquisition

1. Required PPE 2. Technical equipment

EXHIBIT 2

DOCUMENT REQUEST LIST

I. PRE-UNIT-SELECTION

A. OSHA 200 logs for past 3 years

1. Employer 2. Contractors

B. Incident reports

1. Near miss 2. Fires 3. All releases (cross check withEPA documents)

C. Site plan/Facility overview

D. Simplified flow diagrams

E. All permit procedures

1. Confined space 2. Hot work 3. Others

F. Hazard communication

G. Overall emergency response plan (emergency action plan,evacuation plan)

H. Lockout/Tagout

I. PPE plan/Requirements

J. Audits

1. Internal 2. Corporate 3. Contracted 4. Insurance/Consultant

K. Fire brigade records

1. Organizational statement 2. Training records 3. Callouts/Responses 4. Roster 5. Equipment inspection

L. Respirator program and inspections (emergency use)

M. Infection/Exposure control program (bloodborne)

N. Safety and health outline

1. Minutes of safety and health committee meetings andwalkaround reports 2. Committee roster

O. Disaster preparedness program

P. Facility description

1. Size, capacity, age (units) 2. History

Q. Turnaround/Shutdown schedule (not turnaround plan)

R. Safety and health complaints

S. Accident investigation logs

T. Industry hazard alerts (fire and explosion information fromother facilities) ("Lessons Learned" by API)

U. Process hazard analysis scheduling procedure

II. UNIT-SPECIFIC DOCUMENTS

A. Written operating procedures

1. All current procedures a. Normal b. Abnormal c. Emergency

2. Startup procedures a. Partial (swoop down procedures) b. Full (cold)

3. Shutdown procedures a. Normal b. Emergency

4. Upset conditions (beyond normal operatingparameters)

B. Process safety information

1. Process chemistry

2. Capacity (volume)

3. Operating temperatures and pressures

o Alarm settings (high, high-high, low, low-low,etc.)

4. Operating parameters

5. Consequences of deviations

6. Flow rates

C. Operating logs (past 6 months)

1. Foreman

2. Operator

3. Manual and Computer

D. Piping and instrumentation diagrams (P&IDS)

1. Working (unit level) NOTE: Must be current.

2. Archival

3. Simplified (detailed, at a later date)

4. Product

5. Utility

6. Fire protection

E. Training records

1. Operator and supervisory

2. Training records (summary) for all safety and healthprograms

a. Hazard communication b. Emergency response c. Bloodborne d. Respirators and PPE e. SCBA f. Fire g. Others

F. Permits for the units

o Hot work, confined space, etc.

G. Pressure vessel records

1. For at least 20 different vessels, selection based on age,pressure, temperature, toxic chemical involved (corrosive nature,i.e.sulfuric acid), repair history, environmental stress cracking,etc.

2. Inspection records

a. All previous records b. Analysis of defects c. Nondestructive testing records d. Inspection schedule and frequency e. Internal f. External g. On-stream h. Special i. U-1 and U-2records

3. Inspector qualifications

a. ASNT or equivalent levels (1, 2, or 3) b. Roster ofinspectors c. Training history and documentation

4. Pressure relief valve (PRV) inspection records

5. Selection criteria for PRV's, vessels, etc.

H. Unit plot plan - detailed

I. Instrumentation calibration records

J. Unit emergency response / Action plan

K. Control room blueprint and schematic

L. Work orders

1. Outstanding

2. Obtain a sample of completed work order

3. Written work order procedure

4. All safety work orders

M. Environmental sampling records

1. Noise

2. Air contaminants/Toxins

3. Asbestos

N. Product sampling procedures

O. Calibration records for IH sampling equipment

P. Pre-startup review

Q. Rotating equipment inspection records

1. Schedule

2. Repair records

R. Operator certification

S. Flare system diagram (P&ID)

T. Process hazard analysis (Haz-Op, What-If, etc.)

U. Piping inspection program

1. Records/Results

2. Schedule

3. Inspector qualifications

EXHIBIT 3

INSPECTION EQUIPMENT

I. PERSONAL PROTECTIVE EQUIPMENT

A. Standard PPE per directive

1. Safety shoes 2. Safety glasses with side shields 3. Hard hat

B. Site specific PPE

1. Hearing protection 2. Respirators with properfilters/cartridges

C. Flame retardant clothing/coveralls

D. Emergency escape packs, where necessary

E. Supplied-air respirators (only trained CSHOs)

F. Oxygen and combustible meters

II. SAMPLING EQUIPMENT

A. Hydrogen sulfide dataloggers/dosimeters

B. Noise dosimeters

C. Benzene equipment/media

D. Sulfuric acid/hydrogen fluoride equipment/media

E. Asbestos media

F. Other air contaminants

G. Charging facilities (area and equipment)

H. TSD sites - specific requirements

III. TECHNICAL EQUIPMENT

A. Cameras and video cameras

1. Company policy regarding use 2. Each CSHO/inspection teamequipped with a camera 3. Careful log of each frame (who, when, where,what)

B. FILM

1. Each roll should be identified with CSHO, date, and timeprior to developing 2. Each picture identified with CSHO, date, and time 3. Film must be developed as soon as possible, and identified (who, what,where, when) 4. Film log must be maintained with roll number, CSHO, date infor developing, date returned 5. Photos should be mounted on worksheets andidentified sequentially for each team member 6. Negatives must beidentified and secured (preferably stored separately from developedphotographs)

C. Videotapes

1. Identified with CSHO, date, and subject 2. Original tapesmust be maintained 3. Videotape log maintained with CSHO, camera number(serial number), and date

D. Audiotapes

1. Primarily for interviews and/or field notes 2. Companypolicy 3. Permit requirements 4. Original tapes must be retained in file5. Transcription (as needed) 6. Tapes must be identified with date, teammember, and subject matter 7. Tapes must be logged

INSPECTION KIT

I. Office Supplies

A. Folders (file folders and expandable) B. Paper clips C. Hole punch D. Stapler and staples E. Staple puller F. Whiteout/correction tape G. Colored pencils/markers H. Scissors I. Post-itsJ. Tape K. Labels L. Pens/pencils M. Calculator N. Ruler/graphpaper O. Filing Boxes P. Envelopes

II. Inspection Supplies

A. OSHA forms (1b, photo mounting, 5(a)(1) letters, willful and5(a)(1) worksheets)

B. Film, audio and video tapes

C. Batteries and battery packs for camcorders

D. Film processing envelopes

E. Sampling media

1. smoke tubes 2. scintillation vials 3. filters/charcoaltubes

F. OSHA 31's & travel vouchers

III. Command Center Equipment

A. Computers (two or more)

1. database management program 2. word processor 3. spreadsheet 4. floppy disks

B. Printer with paper and spare ribbon

C. Disk storage boxes

D. Fax with extra paper

E. Cellular phone and pagers if needed

F. Chargers for all equipment

G. Answering machine

H. Telephone directory (OSHA contacts)

IV. Library/Reference Material

A. API 510, 750, and others

B. PUB 8-1.5, CPL2 PETROSEP (March 9, 1992)

C. 1910.119 Process Safety Management

D. OTI-PSM (Courses 330/340) manuals

E. 2 sets General Industry and Construction Standards

F. SAVEs manual

G. Field Operations Manual

H. Other references as needed; e.g., NFPA, ANSI, ASNT

Information about PSM-related inspection activity, as described at H. ofthis instruction, shall be recorded in IMIS following current instructions inthe IMIS manual. These guidelines shall apply:

1. PQV Inspections. The identifier code "PSMPQV" shall be used forthese inspections.

a. PQV inspections, as described at J., K., and L. of thisinstruction, shall be identified by recording "PSMPQV" in item 25.d of theOSHA-1 Form.

b. Any inspections of onsite contractors shall also be identifiedby recording "PSMPQV" in item 25.d of the OSHA-1 Form.

c. Linkage of all of the employers inspected on-site shall beperformed in accordance with the instructions for entering Multi-EmployerInspections currently specified in Chapter V, item E.(5.), of the IMISForms Manual.

d. PQV inspections may be programmed or unprogrammed; all PQVinspections shall be identified as comprehensive.

2. Unprogrammed PSM-related Inspections. All unprogrammedinspection activity relating to the PSM standard--as described at H.3. ofthis instruction--shall be coded as follows in Item 42, Optional Informationof the OSHA-1 form:

This shall apply to all unprogrammed inspections in which compliancewith the PSM standard is investigated; i.e., inspections in which theestablishment:

a. Is not in one of the SIC codes listed in Appendix C of thisinstruction; or

b. Is not an establishment selected for a PQV inspection,although it is in one of the SIC codes listed in Appendix C of thisinstruction.

3. Other Programmed Inspections: Screening for PSM Coverage. Inall programmed safety and health inspections in general industry, adetermination shall be made as to whether the establishment is covered by thePSM standard. The establishments shall be coded as follows in Item 42,Optional Information of the OSHA-1 form:

a. Establishments determined to be covered by the PSMstandard:

b. Establishments determined to be NOT covered by the PSMstandard: