With all the recent attention being paid to EPA and it’s Risk Management Plan amendments and many of those amendments being rescinded by the new administration, I thought it would be a good time to remind those in the PSM/RMP world, that OSHA has their own wish list (my phrase – not theirs) and some of their proposed changes could have MUCH larger impacts on businesses than any of the EPA RMP Amendments. For example, Number 1 on their “wish list” is clarifying the exemption for atmospheric storage tanks. The existing PSM standard applies in part to processes involving a flammable liquid or gas on site in one location in a quantity of 10,000 pounds or more. However, the existing PSM standard contains an exemption for “flammable liquids stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit of chilling or refrigeration.” 29 CFR § 1910.119(a)(1)(ii). OSHA is considering 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.
Here are the other 15 items OSHA is working on in regards to their PSM standard:
Expanding the scope to include oil- and gas-well drilling and servicing
The PSM standard exempts oil and gas drilling and servicing operations. At the time the existing PSM standard was promulgated, OSHA planned to adopt a separate rule to address process safety hazards associated with these operations. However, that standard was never promulgated, and at this time OSHA has no specific standards covering the process safety hazards at these facilities.
Resuming enforcement for oil and gas production facilities
The existing PSM standard covers oil and gas production. However, the American Petroleum Institute (API) asserted that PSM coverage of oil and gas production facilities was invalid because OSHA did not conduct an economic analysis during the original PSM rulemaking proceedings addressing such coverage. In a March 7, 2000 letter to API, OSHA stated that the original economic analysis for the PSM
standard did not include oil and gas production operations. OSHA stated that it would suspend enforcement of the PSM standard for oil and gas production operations until it performed this analysis.
Expanding PSM coverage and requirements for reactive chemical hazards
The existing PSM standard does not address chemicals which pose reactive chemical hazards other than those already included in the current Appendix A list of chemicals. Reactive chemicals are associated with the generation of heat or toxic products when combined with other chemicals. OSHA is interested in expanding PSM to cover these additional reactive chemical hazards.
Updating and expanding the list of highly hazardous chemicals in Appendix A of the existing PSM standard
At the time of promulgation, PSM’s Appendix A list did not include every chemical that had a National Fire Protection Association (NFPA) reactivity rating of 3 or 4. Additionally, OSHA recognizes that there may be other non-reactive (i.e., flammable or toxic)
chemicals that present hazards that should be addressed through PSM coverage. As a result, OSHA is considering adding some additional chemicals to Appendix A.
Amending Paragraph (k) of the Explosives and Blasting Standard to cover dismantling and disposal of explosives, blasting agents, and pyrotechnics under the requirements of PSM
Under § 1910.109(k)(2) and (3), the manufacture of explosives and pyrotechnics must follow the requirements of the PSM standard. Although dismantling and disposing explosives can be just as hazardous as the covered activities, dismantling and disposing are not activities that the existing standard covers. OSHA is considering extending the requirements of the PSM standard to these activities as well.
Expanding the scope of Paragraph (c) of the existing standard to include enhanced employee participation and Stop Work Authority (SWA)
OSHA is considering updating the current employee participation element in § 1910.119(c). This includes SWA, a policy for all employees, including employees of contractors, to recommend to the operator in charge of a process that an operation or process be shut down based on safety or health concerns; and a policy giving the operator in charge of a process the authority to shut down an operation or process based on safety or health concerns.
Amending Paragraph (d) of the existing PSM standard to require evaluation of updates to applicable recognized and generally accepted good engineering practices (RAGAGEP)
PSM requires employers to document that covered equipment complies with RAGAGEP. However, the PSM standard does not require employers to evaluate updates to applicable RAGAGEP or to examine new RAGAGEP after evaluating and documenting compliance with PSM. OSHA is
considering adding a requirement that employers periodically review RAGAGEP for updates.
Expanding the scope of Paragraph (e) by requiring safer technology and alternatives analysis
Safer technology and alternatives refer to risk reduction strategies developed through analysis using the hierarchy of controls. The hierarchy of controls organizes hazard controls into a framework. The hierarchy establishes that inherently safer options (e.g., elimination/reduction, substitution, attenuation, and simplification) are preferable and occupy the top of the hierarchy. Engineering controls (automatic digital or mechanical system controls) are preferable to administrative controls (controls requiring human action). These higher levels of control are all preferable to personal protective equipment – the last line of defense. OSHA is considering adding a requirement to PSM that employers identify and evaluate applicable safer technology and alternatives.
Expanding the scope of Paragraph (j) of the existing PSM standard to cover the mechanical integrity of any critical equipment
OSHA is considering expanding the list of equipment to which the requirements of the mechanical integrity (MI) requirements of 1910.119(j) apply. Currently, the MI section of the PSM regulation applies to six categories of equipment. The revision would require facilities to include all “critical” equipment in their MI program.
Revising Paragraph (n) of the existing PSM standard to require coordination of emergency planning with local emergency-response authorities
While some OSHA standards require employers to coordinate emergency planning with local emergency response authorities, the existing PSM standard does not. OSHA is considering adding additional requirements for emergency response planning, including coordination with local responders, conducting emergency drills, and evaluation of local emergency response capabilities.
Amending Paragraph (e) of the existing PSM standard to require formal documentation with management signature(s), approving the actions taken (or lack thereof) in order to resolve PHA team recommendations
Typically, in conducting a PHA, a PHA team identifies hazards and makes recommendations to management, who then decides whether to implement those recommendations or not. Management may decide not to implement PHA team recommendations for a variety of reasons. This revision would specify that if management decides not to implement or make modifications based on PHA team findings and recommendations, management will ensure that the hazard identified by the PHA team has been adequately addressed. This could take the form of a formal document with management signature(s), approving the actions taken (or lack thereof) in order to resolve PHA team recommendations.
Amending Paragraph (m) of the existing PSM standard to require root cause analysis
This revision would add a requirement specifying that the employer conduct a root cause investigation of all incidents that require an investigation under the current PSM standard.
Revising Paragraph (o) of the existing PSM standard to require third-party compliance audits
At present, the PSM standard specifies that employers shall certify that they have evaluated compliance with the PSM provisions at least every three years and that the audit is performed by at least one person knowledgeable in the covered process. OSHA is considering whether to add additional requirements that the audit be conducted by an independent third party, possibly accredited by a recognized accrediting agency.
Revising the PSM standard to require additional management-system elements
When OSHA promulgated the PSM standard in 1992, the standard adopted management-system elements based on best practices from industry at the time. However, best practices have continued to evolve since 1992 and additional management system elements are recognized as effective in preventing incidents. OSHA is considering adding additional management system requirements to the PSM standard, including documentation requirements, periodic review and revision of the PSM management system, and the inclusion of process safety indicators.
Considering a number of minor modifications which largely codify existing OSHA interpretations of the PSM standard
OSHA is considering the addition of language to the standard to codify the scope of the retail facilities exemption, 29 CFR 1910.119(a)(2)(i). This language would add to the standard OSHA’s current interpretation, which limits the exemption to facilities, or the portions of facilities, engaged in retail trade as defined by the current and any future updates to sectors 44 and 45 of the NAICS Manual.