Section 5189.1. PROCESS SAFETY MANAGEMENT FOR PETROLEUM REFINERIES
Amend Subsection (c) Definitions.
- Changes to the definition of “Employee Representative” to provide that an employee must be located on-site and qualified to perform the task for which they have been designated to represent the employees, whether or not the workers at the worksite are represented by a union. The definition of “Employee Representative” will be further clarified to state explicitly that it does not supersede an employee representative selection process in a
collective bargaining agreement. - Changes to the definition of “Highly Hazardous Material” to clarify that this term does not include “any substance in quantities below the lesser of the thresholds set forth in the California Hazardous Materials Business Plan Rule” found at Section 25507(a)(1)(A) of the Health and Safety Code, or in the Code of Regulations, Title 19, Section 5130.6.
- Changes to the definition of “Major Change” to specify that the term covers the introduction of new process equipment or new highly hazardous material that “results in any operational change outside of established safe operating limits.” The changes to this definition also clarify that any alteration in “a process, process equipment, or process chemistry” that results in an operational change outside of established safe operating limits is also covered by the definition of “Major Change,” and that an alteration in a process or process equipment “does not include a replacement in kind.” The definition of “Major Change” will also clarify that an introduction of new process equipment or alteration in process or process equipment will only be considered a major change if it results in an operational change outside of established safe operating limits.
Amend Subsection (l) Hierarchy of Hazard Control Analysis.
- With respect to the requirement that employers consider publicly available information regarding inherent safety measures and safeguards, the proposed revisions to subsection (l)(4)(D) change the instruction to include inherent safety measures and safeguards that have been achieved in practice, or that are required or recommended by federal or state authorities, from mandatory to permissive.
- The proposed revisions to subsection (l)(4)(E) direct the members of the Hazard Control Analysis team to consider all process safety hazards that may be affected by a particular safety measure or safeguard, and must choose safety measures or safeguards that are the most effective at reducing process safety hazards.
- New subsection (l)(5)(F) directs the members of the Hazard Control Analysis team to include in their report the rational for not recommending any inherent safety measures and safeguards that the team analyzed and identified when reviewing publicly available information on inherent safety measures and safeguards.
Amend Subsection (q) Employee participation.
- The changes to subsection (q)(1) add a new means of fulfilling the employer’s mandate to effectively provide for employee participation. An employer will allow for “effective participation” in a PSM element if the employer provides advance notice of the PSM activity and considers input provided by workers who participate in the PSM activity, including the employee representative. If the employer provides this advance notice, the employer is not required to delay a PSM activity because a union, or employees who are not unionized, fails to select an employee representative, or because a selected employee representative does not participate in the PSM activity.
- With the proposed revisions to subsection (q)(2), the selection process for employee representatives will be governed by the written employee-participation plan (as opposed to authorized collective bargaining agents selecting employee representatives).