Last week OSHA shared an update on where they are at with their desired revisions to the PSM standard (1910.119). Some of the potential PSM Revisions include:
- Atmospheric Storage Tanks
- Oil and Gas-Well Drilling, Servicing, and Production
- Chemical Reactivity
- Safer Technology and Alternatives
- Additions to Appendix A Chemicals
- Dismantling/Disposal of Explosives
- Define/Updating RAGAGEP
- Mechanical Integrity
- Employee Participation
- Emergency Planning
- Third-party Audits
- Stop Work Authority
- Root Cause Analysis
- Other Management System Components
- Additional Minor Modifications
Here is a breakdown of the CURRENT status, ISSUES, and OPTIONS…
emphasis by added by me
Atmospheric Storage Tanks
Current: Exemption for “[f]lammable liquids stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit of chilling or refrigeration.” 1910.119 (a)(1)(ii)(B)
Issue: Exempts processes that are interconnected to storage tanks. Difficult to interpret coverage.
Option: Changing the language in 1910.119(a)(1)(ii)(B) to make clear that it applies ONLY to processes in NAICS 4247 Petroleum and Petroleum Products Merchant Wholesalers.
Oil and Gas-Well Drilling, Servicing, and Production
Current: Exemption of facilities in Oil and Gas Well Drilling, Servicing from PSM coverage. The PSM standard has not been enforced at Oil and Gas production sites, which is a phase of good operations that deals with bringing well fluids to the surface, separating them, and then storing, gauging and otherwise preparing the product for the pipeline, because of missing economic analysis.
Issue: Significant PSM safety hazards in these sectors
Option: Remove the exemption for oil and gas well drilling and servicing operations in § 1910.119(a)(2)(ii) and specifying that the standard applies to oil and gas well drilling operations, regardless of threshold quantities present. Complete the economic analysis for oil and gas production.
Chemical Reactivity
Current: Appendix A chemical list has only limited number of chemicals with reactivity hazards
Issue: Chemical reactive hazards have caused significant incidents
Option: Adding language to § 1910.119(a) extending coverage to processes that mix substances with a listed functional group, if the heat of reaction is above 100 kcal/mol or if the reaction generates a toxic product and the substance is at the threshold quantity.
- Adopt functional group list from NJ TCPA Guidance.
Safer Technology and Alternatives
Current: No requirement of analysis of safer technology and alternatives under PSM
Issue: Safer technology and alternatives analysis may identify safer solutions to current risks that currently are being missed
Option: Requiring employers to use the hierarchy of controls in considering safer alternatives and technology when identified hazards result in an employer-specified level of risk.
Additions to Appendix A Chemicals
Current: Appendix A list of covered chemicals
Issue: Update list of highly hazardous chemicals
Option: Addition of specific chemicals to Appendix A
- Ammonium Nitrate
- Butyl Peroxyacetate, Tertiary
- Butyl Peroxypivalate, Tertiary
- Chlorodinitrobenzene
- Diethylaluminum Chloride
- Diethyl Telluride
- Dinitrobenzenes
- Dinitrotoluenes, molten liquid or solid
- Hydrazine, anhydrous
- Perchloric Acid, greater than 50% but less than 72%
- Picric Acid, wet, with not less than 10% water
- Sodium Hydroxide
- Toluene Diisocyanate
Dismantling/Disposal of Explosives
Current: Under OSHA regulation 1910.109(k)(2) and (3), manufacture of explosives is covered under PSM
Issue: Dismantling and disposal of explosives can be as dangerous as manufacture
Option: Extending PSM Include coverage to the of dismantling and disposal of explosives by including these operations in 1910.109(k)(2) and (3)
Define/Updating RAGAGEP
Current: There is no requirement that employers update RAGAGEP to reflect revisions made since the employer initially adopted it.
Issue: RAGAGEP can change over time and firms may not be implementing current best practices
Option: REQUIRE periodic review of current RAGAGEP and implementation of updates
Mechanical Integrity
Current: Mechanical Integrity element, 1910.119(j), applies only to six explicit categories of equipment
Issue: Other types of equipment that do not fall into these six categories also have hazards that should be addressed by the Mechanical Integrity requirements
Option: Expand 1910.119(j) to include all equipment deemed “critical”
Employee Participation
Current: Employee consultation required under 1910.119(c) for:
- a written plan of action addressing employee participation
- a requirement to consult with employees and their representatives on process hazard analyses and other aspects of the employer’s PSM program
- a requirement to provide employees and their representatives access to process hazard analyses
Issue: Further employee participation mechanisms may enhance safety
Option: Implement a regular system of employee input and management, non-management, and contract employee dialogue
Emergency Planning
Current: Employers must establish and implement an Emergency Action Plan
Issue: PSM has no requirement for employers to coordinate with local emergency response authorities
Option: Requiring emergency planning to foster coordination with local response, including:
- ANNUAL meetings with local responders
- emergency DRILLS
- EVALUATION of local emergency response capabilities
Third-party Audits
Current: Audit every 3 years by persons knowledgeable in covered process
Issue: Audits done by independent third parties may be more effective
Option: Require audits to be done by independent third parties
Stop Work Authority
Current: No requirement for employees to have Stop Work Authority
Issue: No procedures and authority for operators to shut down processes in imminent risk situations
Option: Implement an SWA program
Root Cause Analysis
Current: Incident Investigation must include: “factors that contributed to the incident”
Issue: Root cause analysis can identify systemic safety problems that need to be addressed
Option: Requirement of a root cause analysis as part of any incident investigation
Other Management System Components
Process Hazard Analysis Management Sign-Off
Current: No requirement for affirmative management statement that PHA has adequately addressed all hazards found during the analysis
Issue: Management sign-off can increase thoroughness of organizational review of the PHA
Option: If management decides NOT to implement or make modifications based on PHA team findings, to document that the hazards identified in the PHA are adequately addressed
Written PSM Management System
Current: Various pieces of a PSM system must be documented in different PSM elements
Issue: No required coordination of all written documentation into a single system, causing difficulties of updates/access to all relevant items of information
Option: A requirement that employers develop and implement a WRITTEN PSM Management system which would include WRITTEN procedures for ALL elements specified in the standard, along with a records retention policy.
Evaluation and Corrective Action of PSM Program
Current: No requirement to periodically update the PSM program based on management systems and inputs such as employee suggestions, incident investigation findings, audit findings, and other leading and lagging indicators.
Issue: Monitoring and revision of management systems and inputs ensure effectiveness in preventing incidents.
Option: A requirement that employers develop a system of periodic review and revision based on required inputs.
Additional Minor Modifications
Current: Existing standard
Issue: Several existing OSHA interpretations of the PSM standard could be more easily followed if in the standard itself
Option: Add these clarifications, including
- Clarify that Process Safety Information must be continuously updated as changes are made
- Clarify that ALL deficiencies found in Mechanical Integrity must be addressed
- Clarify Management of Change, 1910.119(l), includes organizational changes
- Clarify covered Appendix A chemical concentrations
- Clarify Retail Exemption
Source: https://www.regulations.gov/#!documentDetail;D=OSHA-2013-0020-0109