One of the recent amendments of EPA’s RMP rule impacted our Incident Investigation procedures/practices and most likely any report forms we had been using for years and years. The RMP and PSM Incident Investigation elements used to be very similar and thus most of us used the same procedure/practices and forms when trying to comply with the two (2) elements. But now, since EPA had to implement the RMP amendments, 40 CFR Part 68.81 Incident Investigation for Program 3 processes, we have some very different requirements from OSHA’s PSM Incident Investigation requirements. For example, we are now required to generate a written report at the conclusion of the investigation within 12 months of the incident, unless the implementing agency approves, in writing, an extension of time. PLEASE NOTE, the investigation still has to be started within 48-hours following the incident, we just now have a timeline as to when the written report must be completed by.
And this incident report has five (5) additional documentation requirements above what our old incident reports had to contain and these may require some facilities to implement some new practices. Here is a look at these new requirements for RMP Incident Investigations:
- A description of the incident, in chronological order, providing all relevant facts;
- The name and amount of the regulated substance involved in the release (e.g., fire, explosion, toxic gas loss of containment) or near miss and the duration of the event;
- The consequences, if any, of the incident including, but not limited to: injuries, fatalities, the number of people evacuated, the number of people sheltered in place, and the impact on the environment;
- Emergency response actions taken;
- The factors that contributed to the incident including the initiating event, direct and indirect contributing factors, and root causes
As well as the report content, our actions MUST change as now the rule requires:
Root causes shall be determined by conducting an analysis for each incident using a recognized method
So for those of you that have an RMP covered process(s), your programs and practices related to investigating incidents that:
- Resulted in a catastrophic release (including when the affected process is decommissioned or destroyed following, or as the result of, an incident); or
- Could reasonably have resulted in a catastrophic release (i.e., was a near miss)
Our practices, procedures, and documentation will need to be revised to meet these new requirements. PLEASE do not forget to manage this change via your Management of Change program, as this will be a far-reaching change and may even require updates to contractor orientation.