UPDATE from my OSHA contacts: The NEP was written so that OSHA offices would not single out NH3 refrigeration and CL2 water treatment processes. OSHA feared that since these processes were so plentiful that they would target these types of processes and not inspect other types of processes, so in reality they were spelled out – not to focus on, but rather to prevent OSHA from focusing on only these types of processes.
From a detailed review of the PSM NEP for facilities covered under PSM and are not a refinery, it appears that OSHA is singling out both Ammonia refrigeration systems and chlorine water treatment systems, as well as taking a VERY ELUSIVE approach to this NEP. Unlike the Refinery NEP, this PSM NEP will does not have the questions that will be asked AND the questions that one facility gets asked will NOT be the same set of questions their neighbor will be asked! This NEP calls for the Directorate of Enforcement Programs to develop a master list. This NEP differs from the program-quality-verification (PQV) approach in PSM CPL 02-02-045. Inspections done using the PQV are broad and open-ended, while inspections using this NEP rely on specific investigative questions. The investigative questions are designed to gather facts related to requirements of the PSM standard, and include guidance for reviewing documents, interviewing employees, and verifying implementation. The EMPHASIS in these NEP inspections will be on “implementation over documentation”. Based on past inspection history at refineries and large chemical plants, OSHA has found that employers may have an extensive written process safety management program, but insufficient program implementation. Therefore, CSHOs should verify the implementation of PSM elements to ensure that the employer’s actual program is consistent with their written program. CSHOs will select one or more covered process units and use a dynamic list(s) of questions to review PSM compliance. Directorate of Enforcement Programs will develop dynamic lists in five categories: PSM General, Ammonia Refrigeration, Water and/or Wastewater Treatment, Storage, and Chemical Processing. DEP will periodically change the questions on the dynamic lists. For inspection integrity purposes, OSHA will not publicly disclose the dynamic lists. The dynamic lists will only be posted on OSHA’s DEP/PSM intranet website. CSHOs must download and use the dynamic list (s) that is listed as “Effective” at the time of the opening conference. For inspection preparation purposes, DEP will post the dynamic list(s) about 7 days before they become effective. CSHOs must inspect both the host employer and contract employers for compliance using the dynamic lists. OSHA will use four (4) sources for targeting: a. EPA Program 3 Risk Management Plans (RMP), b. Explosives manufacturing NAICS codes, c. OSHA’s IMIS database, and d. OSHA Area Office knowledge of local facilities. Directorate of Enforcement Programs (DEP) shall create Category 1, 2, and 3 Lists of NAICS Codes by:
- obtaining a list of facilities that submitted a Program 3 RMP, and selecting NAICS codes where a substantial number of facilities were required to submit a Program 3 RMP;
- adding NAICS codes for explosive manufacturing;
- adding NAICS codes from facilities identified in the IMIS database as having previously been cited under PSM;
- dividing the list of NAICS codes into 3 categories:
- Category 1 – Facilities likely to have ammonia used for refrigeration as the only HHC;
- Category 2 – Facilities likely to have chlorine used for water treatment as the only HHC;
- Category 3 – Facilities likely to have both ammonia and chlorine, ammonia or chlorine used for other than refrigeration or water treatment, or HHCs other than ammonia or chlorine.