This case involves a citation regarding the “grandfather training clause” found in both OSHA’s PSM and EPA’s RMP. I have never seen it cited before, but I take my hat off to the EPA inspector for peeling that onion!
Basically, this food facility had two (2) employees who had been hired in January and September 1996. The facility was unable to produce certification documentation for their operators (#1 hired date 1/27/1996 and #2 hired date 9/6/1996) that were hired prior to June 21, 1999. As pointed out in the citation, 40 C.F.R. § 68.71(a)(2), in lieu of initial training for those employees already involved in operating a process on June 21, 1999 an owner or operator may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures. These two (2) employees had no such certification.
EPA representative inspected the Food facility on July 31, 2020. Based upon this inspection the facility is in violation of the following risk management program elements:
Training: 40 C.F.R. § 68.71(a)(1) for initial training requires that each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in § 68.69. The training shall include an emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee’s job tasks. The facility was unable to produce initial training documentation for its operators.
Training: 40 C.F.R. § 68.71(a)(2) requires in lieu of initial training for those employees already involved in operating a process on June 21, 1999 an owner or operator may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures. The facility was unable to produce certification documentation for their operators (XXXXXXXXX, hired date 1/27/1996 and XXXXXXXXX, hired date 9/6/1996) that were hired prior to June 21, 1999.
Training: Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process as required by 40 C.F.R. § 68.71(b). The facility was unable to produce refresher training documentation for their operators.
Training: The owner or operator shall ascertain that each employee involved in operating a process has received and understood the training required by this paragraph; shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training as required by 40 C.F.R. § 68.71(c). The facility was unable to produce initial and refresher training documentation for their operators containing the identity of the employee, the date of training, and the means used to verify that the employee understood the training.
Process Hazard Analysis (PHA): At least every five (5) years after the completion of the initial process hazard analysis, the process hazard analysis shall be updated and revalidated by a team meeting the requirements in paragraph (d) of this section, to assure that the process hazard analysis is consistent with the current process as required by 40 C.F.R. § 68.67(f). The facility revalidated its 2018 PHA six years after its 2012 PHA.
Emergency Contact: Beginning June 21, 2004, within one month of any change in the emergency contact information required under § 68.160(b)(6), the owner or operator shall submit a correction of that information as required by 40 C.F.R. § 68.195(b). The facility emergency contact information was incorrect on their RMP dated May 23, 2017. The emergency contact, XXXXXXXXXX, left the company two years ago. The new contact is XXXXXXX, Factory Manager, who was assigned on September 15, 2020.