OSHA uses the General Duty Clause (GDC), Section 5(a)(1) of the OSH Act as a “gap filler” to cite employers for recognized chemical hazards when a specific standard (like the Process Safety Management standard, 29 CFR 1910.119) does not technically apply. There are some critical legal limitations on GDC Enforcement: OSHA’s ability to invoke 5(a)(1)…...
As I said in my previous posts on GDC PSM citations, this is new territory for me and OSHA enforcement. I was always taught (and by some very sr. OSHA personnel) that OSHA can not use the GDC to enforce hazards for which OSHA already has a standard for. It was OSHA’s “carrot and stick”…...
Apparently, they can and have. Here are some GDC citations for an NH3 refrigeration process. These were part of a large release inspection that included some HAZWOPER and HAZCOM citations. My only guess is that these GDC citations are tied directly to the NH3 release, but I have not yet seen the field notes, so…...
A Hierarchy of Controls Analysis (HCA) is a highly structured risk-mitigation methodology. It is specifically required under CalARP Program 4, which applies to petroleum refineries operating within California. While a standard Process Hazard Analysis (PHA) identifies risks and lists existing safeguards, an HCA forces a facility to systematically evaluate whether hazards can be eliminated or…...
A Safer Technologies and Alternatives Analysis (STAA) is a systematic risk management evaluation used in process safety engineering to identify and assess ways to make a process inherently safer. Instead of relying solely on add-on safety equipment or administrative procedures to manage a hazard, an STAA asks: Can we eliminate or significantly reduce the hazard…...
When flammable liquid tanks are equalized — meaning they are interconnected by piping that allows fluid levels to equalize between them — we MUST account for this in our secondary containment design. From a regulatory and engineering standpoint, the governing principle is to protect against the worst-case single-event release. If tanks are interconnected, a failure…...
Now that we have laid out the code requirements for conducting the visual inspection of pipe welds, let’s discuss how this must be documented…. Membership Required You must be a member to access this content.View Membership LevelsAlready a member? Log in here...
ASME Section V, Article 9 places the responsibility for the designation and qualification of these individuals on the organization (the employer or manufacturer). The organization is responsible for assigning “qualified personnel” to perform visual examinations. ASME Section V requires that personnel be qualified and certified in accordance with a program established by their employer. The…...
The next layer of the onion to unpack is the specific requirements for performing “Visual Examinations”. This is all part of the installer’s Quality Assurance program. We are getting deep into the weeds as we “peel this onion”, but these are CRITICAL needs to ensure our pipe is erected properly per the ASME B31 code(s)…....
Unfortunately, the code is not as clear as I would like, and I do get a lot of pushback when I encounter high-expansion fluids in hazardous-materials piping. I deal with a lot of liquids that are Highly Toxic, Flammable, and some that are both, which also have a high coefficient of expansion. So, in this…...
Under certain conditions, the IFC allows “Fail-Safe Engineered Systems” in lieu of “emergency backup power” for safety-critical systems such as ventilation, treatment, or temperature control systems. The code states: 5004.7.2 Fail-safe engineered systems. Standby power for mechanical ventilation, treatment systems and temperature control systems shall not be required where an approved fail-safe engineered system is…...
The Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), the National Security Agency (NSA), the Department of Energy (DOE), the Environmental Protection Agency (EPA), the Transportation Security Administration (TSA), the Department of Transportation (DOT), and the U.S. Department of Agriculture (USDA)—hereafter referred to as “the authoring organizations”—are aware of malicious cyber…...
