OSHA Q&A on PSM Compliance (CPL02-02-045, 1994)

Clarifications and Interpretations of the PSM Standard

The guidance contained in this appendix is provided for compliance assistance.

This appendix contains clarifications agreed to in a settlement agreement dated April 5, 1993, between OSHA, the United Steelworkers of America, the Oil, Chemical and Atomic Workers International Union, and the Building and Construction Trades Department of the AFL-CIO.  The settlement agreement clarifications reflect modifications jointly and cooperatively agreed to by the above parties and by the Chemical Manufacturers Association, the American Petroleum Institute, the Dow Chemical Company, and the National Petroleum Refiners Association.  

Where possible, clarifications and interpretations have been presented in a question-and-answer format.

NOTE: OSHA plans to include additional clarifications and interpretations in this appendix through future page changes to this instruction.

(a) APPLICATION

(a) Registration

Do covered establishments have to register with OSHA?

No. There is no requirement that establishments covered by the standard register with or otherwise notify OSHA.

(a) Explosives–fireworks manufacture

How does the PSM standard apply to pyrotechnics (fireworks) and explosives?

The PSM standard amended the scope of 29 CFR 1910.109, Explosives and blasting agents, by revising paragraph (k), which requires that the manufacturer of explosives and pyrotechnics comply with 29 CFR 1910.119. As defined at 1910.109(a)(10), pyrotechnics are commonly referred to as fireworks. Employers who manufacture explosives and fireworks must comply with both 29 CFR 1910.109 and 1910.119.

The applicability of 29 CFR 1910.109 to employers who manufacture fireworks is delineated in OSHA Instruction CPL 2.73, Fireworks Manufacturers: Compliance Policy. In accordance with that directive, a fireworks plant employer can be cited for violation of 29 CFR 1910.109 with reference to certain National Fire Protection Association (NFPA) standards in NFPA 1124, Code for the Manufacture, Transportation and Storage of Fireworks.

What is the role of the Bureau of Alcohol, Tobacco and Firearms (BATF) vis-a-vis the PSM standard and fireworks manufacture?

By 27 CFR 55 Subpart K, BATF regulates the storage, including minimum distances, of explosive materials including fireworks in the workplace. As such, BATF limits the amount of special fireworks, pyrotechnic composition, and explosive materials used to assemble fireworks in processing building to no more than 500 pounds. Also, the maximum quantity of flash powder permitted by BATF in any fireworks process building is 10 pounds. These BATF limitations should not be confused with the applicability of the PSM standard to any amount of fireworks being manufactured.

(a) Laboratories

Does the PSM standard apply to laboratory and research operations?

A laboratory or research operation involving at least the threshold quantity of one or more highly hazardous chemicals is subject to the PSM standard.

(a) Flammable liquids

Are processes involving flammable liquids (e.g., ethyl alcohol) covered by the standard?

Processes involving (flammable liquids with a flashpoint below 100ºF, as determined in accordance with Appendix B to §1910.1200, Physical Hazard Criteria, paragraph B.6.3) (e.g., in a distillation process) in quantities at or above 10,000 lbs. are covered. Quantities of flammable liquids in storage are considered a part of the process if the storage tanks are interconnected with the process, or if they are sufficiently near the process that an explosion, fire, or release could reasonably involve the storage area combined with the process in quantities sufficient to meet the threshold amount of 10,000 lbs.  Flammable liquids that are stored on a tank farm (e.g., a wholesale gasoline regional tank farm) where only transferring and storage are done are not covered by the PSM standard.  They are, however, covered under 1910.106.

(a)(1)(i) Hydrogen chloride (HCL)

Does the PSM standard apply to muriatic (32% HCL) acid?

The chemical names: hydrogen chloride (HCL) and anhydrous hydrochloric acid are
included in the highly hazardous chemicals listing in Appendix A of the PSM standard. Anhydrous (without water) hydrochloric acid is hydrogen chloride. Both hydrogen chloride and anhydrous hydrochloric acid are identified by the same Chemical Abstract Service (CAS) Number 7647-01-0, as denoted in Appendix A. Hydrochloric acid (muriatic acid)- i.e., a solution of hydrogen chloride gas in water–is not listed in Appendix A and therefore is not considered to be a highly hazardous chemical subject to the PSM standard.

(a)(1)(i) Highly hazardous chemicals (HHCs)

What is meant by “Formaldehyde (Formalin)” listed in Appendix A of the PSM standard?

This highly hazardous chemical should be listed to read: Formaldehyde (37% by weight or greater). The PSM standard will be revised to reflect this change in the near future. Any amount of mixture of Formaldehyde, less than 37% by weight, in solution would not be covered by the PSM standard.

Does the PSM standard apply to solutions of Dimethylamine?

Anhydrous Dimethylamine, identified by Chemical Abstract Service (CAS) Number 124-40-3, is listed in Appendix A of the PSM Standard as a highly hazardous chemical. Dimethylamine in aqueous solutions, which is not listed in Appendix A, is not considered to be a highly hazardous chemical covered by the PSM standard except when the solution qualifies as a flammable liquid.

(a)(1)(i) HHCs–mixtures

Does the threshold quantity listed under Appendix A of the PSM standard apply to the quantity of the whole mixture or just the quantity of the component chemical, or to neither (i.e., does the threshold quantity apply only to quantities of pure chemical unless otherwise specified in the appendix)?

The threshold quantities listed in Appendix A of the standard apply only to pure (or “commercial grade”) chemicals unless otherwise specified, for example, Hydrogen Peroxide, 52% by weight or greater.

Does the PSM standard apply to an employer who uses cellulose nitrate in a concentration greater than 12.6% nitrogen to which water is added, producing a mixture containing greater than 23% water, which will not burn?

Appendix A of the standard lists cellulose nitrate in concentrations of greater than 12.6% nitrogen as a chemical which presents a potential for a catastrophic event at or above the threshold quantity of 2500 pounds (1,133.9 kg). The standard does not distinguish between “wet” or “dry” cellulose nitrate.  Therefore, if an employer’s process involves cellulose nitrate in a concentration greater than 12.6% nitrogen, with the total quantity of the mixture or solution at or above the threshold quantity–no matter what percentage of water may be used in treatment – the process is covered under the requirements of the PSM standard.

(a)(1)(i) and (b) Covered process-Hazardous waste operations

Does the PSM standard apply to the EPA-regulated and permitted RCRA hazardous waste treatment, storage and disposal (TSD) facilities, when such facilities keep on-site in one location a hazardous waste chemical in a concentration and quantity which exceeds the applicable threshold quantity of Appendix A. If so, why? If not, why not?

Employers of worksites with TSD facilities which contain covered processes must comply with the PSM standard. The requirements of the PSM standard are intended to eliminate or mitigate workplace catastrophic releases of highly hazardous chemicals and resulting employee exposure to explosion, fire and toxic hazards.

(a)(1)(i) and (b) Covered process-dispersal of inventory

Can an employer who keeps threshold quantities of highly hazardous chemicals listed in Appendix A to 29 CFR 1910.119, such as ammonia, separated into smaller lots and used and stored in separate systems or locations, be exempt from the requirements of the PSM standard?

From a storage standpoint, the 1910.119 standard would not apply to an employer who segregates his inventory by dispersing storage of highly hazardous chemicals, such as ammonia, in amounts which do not exceed the threshold quantity so that a release from one storage area would not contribute to or cause a release from others around the workplace. Additionally, an employer could reduce his on-site inventory of highly hazardous chemicals by ordering more frequent, smaller shipments so that they do not exceed the threshold quantities set forth in the PSM Standard.  The PSM standard’s non-mandatory Appendix C suggests that, if reduced inventory of highly hazardous chemicals is not feasible, an employer might consider dispersing inventory to several locations on-site.

When are such materials to be considered part of a single process?

Under the definition of “process” provided at 29 CFR 1910.119(b), any group of vessels which are interconnected and separate vessels which are located such that a highly hazardous chemical could be involved in a potential release shall be considered a single process. Inventories of highly hazardous chemicals would not be considered to be adequately dispersed if the storage vessels are connected with or in proximity to a covered process such that they could be involved in a potential release.

What evaluation techniques are appropriate to determine adequate separation distances?

OSHA has not developed, nor is it aware of, any standard evaluation technique to determine adequate distances to separate chemical inventories. If an employer chooses to disperse highly hazardous chemicals on-site, the separation distances would have to be determined on a case-by-case basis, considering such factors as the nature of the chemicals and covered processes, total inventories, threshold quantities of pertinent chemicals, and facility layout.

(a)(1)(ii) Application 55-gallon drums

Would more than 10,000 pounds (4535.9 kg) of a flammable liquid stored together in 55-gallon (209-liter) drums be covered under the PSM standard?

For the purposes of the PSM standard, this would be considered exempt as storage in atmospheric tanks (notwithstanding the definitions of “containers” and “tanks” in 29 CFR 1910.106), unless the drums are near a covered process, as described in the Q & A on “flammable liquids” at page B-2 of this appendix. For the purposes of 1910.106, 55-gallon (209-liter) drums are covered in the definition of “container.”

(a)(1)(ii) Covered Process-Flammable gases

For processes involving flammable gas mixtures, are the non flammable components in a flammable gas mixture included when determining the threshold quantity?
The non-flammable components contribute to the determination of threshold quantity, i.e., 10,000 pounds (4535.9 kg) or greater amounts of {a flammable gas, as defined in 29 CFR 1910.1200(c) and in Appendix B to §1910.1200, Physical Hazard Criteria, as a Category 1 flammable gas,} and noted below:
Gas, flammable means:

1. 1. A gas that at ambient temperatures and pressure forms a flammable mixture with air at a concentration of thirteen (13) percent by volume or less; or
   2. A gas that, at ambient temperature and pressure, forms a range of flammable mixtures with air wider than twelve (12) percent by volume, regardless of the lower limit.

(a)(1)(ii) Covered process-Flammable liquids

Does the PSM standard apply to processes in a paint manufacturing facility, which include the mixing and blending of flammable liquids with other raw materials, and which typically involve few or no chemical reactions?

Typically, the flammable products are processed below their normal boiling points and that several large batch vessels are located near each other, with an aggregate weight above the threshold quantity of 10,000 pounds (4535.9 kilograms). The requirements of the PSM standard would apply to such operations. The exemption provided in the standard at 1910.119(a)(1)(ii)(B) for situations involving {flammable liquids with a flash point below 100 ºF, as determined in accordance with the methods in Appendix B to §1910.1200, Physical Hazard Criteria, paragraph B.6.3,} applies only when such liquids are being stored in atmospheric tanks (where the tank pressure does not exceed 0.5 pounds per square inch gauge [p.s.i.g.]) or transferred and the liquids are kept below their normal boiling point without benefit of chilling or refrigeration. This exemption does not apply to a mixing and blending operation related to paint manufacturing.

(a)(1)(ii)(A) Application-Exceptions-Hydrocarbon fuels

Does the PSM standard apply to ceramic manufacturing facilities utilizing propane in amounts exceeding 10,000 pounds as the fuel for firing ceramic ware in a process which does not involve any other highly hazardous chemicals?

No. The PSM standard would not apply to such a situation.

Does gasoline used as a fuel to test run inboard and outboard engines fall within the scope of the PSM standard?

Gasoline used in such a manner does not fall within the scope of 1910.119, because it is used as a fuel in this situation and thus meets the exception at
1910.119(a)(l)(ii)(A). However, other OSHA standards, {such as 1910.106, Flammable and combustible liquids}, would apply.

Does the PSM standard apply to a plant that has more than 10,000 pounds of hydrocarbon fuel on site where the fuel is used solely as a fuel for a furnace used to melt glass?

The requirements of 1910.119 do not apply to this situation because 1910.119(a)(1)(ii)(A) of the standard specifically excludes from coverage hydrocarbon fuels used solely for workplace consumption as a fuel if the fuel is not part of a process containing another highly hazardous chemical covered by the standard.

(a)(1)(ii)(A) Tote tanks

350-gallon tote tanks containing flammable liquids are used at a facility to refuel vehicles. Are they covered by the standard?

No. 1910.119(a)(1)(ii)(A) exempts hydrocarbon fuels used solely for workplace consumption as a fuel (e.g., gasoline for vehicle refueling) if such fuels are not part of a process containing another highly hazardous chemical covered by the standard. They are, however, covered under 1910.106.

(a)(1)(ii)(A) Fuels for heating

Are flammable liquids and gases used as fuels for such items as heaters or exchanges contained in (covered) processes also included within the coverage of the standard?

Furnaces, boilers, heaters, etc., fueled by flammable liquids or gases–regardless of the quantity of the fuel-used in processes that are otherwise covered by the PSM standard (i.e., the existence of a threshold quantity of another highly hazardous chemical) are considered part of the process and are covered by the PSM standard. Flammable liquid-or-gas-fueled furnaces, boilers, etc., used in processes not otherwise covered by the PSM standard are exempt from the standard.

(a)(1)(ii)(B) Tank farms

Are flammable liquids stored in a tank farm covered under the standard?

Atmospheric tanks containing flammable liquids at bulk transfer terminals are not covered. However, atmospheric tanks containing {flammable liquids with a flashpoint below 100 ºF, as determined in accordance with Appendix B to §1910.1200, Physical Hazard Criteria, paragraph B.6.3,} that have feeder connections to processes are covered by the standard.

EXAMPLE. Atmospheric tanks in an outside storage area contain a flammable liquid that is pumped to a mixing vessel. If the total quantity of flammable liquids in this equipment is at or above 10,000 pounds (4535.9 kg), then this is a covered process which includes, at a minimum, the storage tanks, the piping, and the mixing vessel.

(a)(1)(ii)(B) Flammable liquids

Does 1910.119(a)(l)(ii)(B) exempt all flammable liquids stored or transferred which are kept below their normal boiling point without the benefit of chilling or refrigeration, including, but not limited to, flammable liquids in atmospheric tanks?

No. The exemption is limited to {flammable liquids with a flashpoint below 100 ºF, as determined in accordance with Appendix B to §1910.1200, Physical Hazard Criteria, paragraph B.6.3,} stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit of chilling or refrigeration. This exemption is applicable to flammable liquids in tanks, containers and pipes used only for storage and transfer (to storage), and not connected to a process or a process vessel. Similarly, stored flammable liquids in containers, including cans, barrels and drums, would be exempt from coverage by the PSM standard. We recommend you carefully consider the definition of “process” to determine further applicability of the PSM standard in situations where flammable liquids are stored in tanks or containers at a worksite.

(a)(2)(i) Retail facilities

What is the definition of “retail facilities” that are exempted from coverage by the PSM standard?

With respect to enforcement of the PSM standard, a retail facility means an establishment that would otherwise be subject to the PSM standard at which more than half of the income is obtained from direct sales to end users.

If an employer that would otherwise be covered by the PSM standard operates at several locations and the majority of its income comes from sales to end users, is the employer exempt as a “retail facility”?

The PSM standard defines a retail facility as “an establishment which would otherwise be subject to the PSM standard, at which more than half of the income is obtained from direct sales to end users.” If such an employer operates at multiple locations, the questions becomes whether this constitutes a single “establishment” for the purposes of the standard.  The intent of the PSM Standard is to prevent catastrophic releases of highly hazardous chemicals, thereby, providing for safe and healthful workplaces for employees. Consistent with this intent, the term “establishment,” when used to define retail facility, means a company name at a specific site (normally with a street address). Thus, if an employer operates at several locations, some might be covered by the standard, and others not affected.

Are facilities that fill propane tanks for “will call” type customers exempt from the PSM standard?

Most of these facilities are under the aggregate quantity of 10,000 pounds (4535.9 kilograms), the majority of the business is transferring propane from the supply tank to small containers for barbecues and “RV” units.  Such facilities appear to be exempt from coverage by the PSM standard because they are retail facilities or because they do not involve processes with threshold (or greater) quantities of propane. A retail facility is defined as a site-specific establishment which otherwise would be subject to the PSM standard, at which more than half of the income is obtained from direct sales to end users.

(a)(2)(ii) Oil or gas well operations

Are single well processing facilities with equipment including separators, heat-treaters and storage tanks used in gas production (from non-H2S containing petroleum fluids) operations exempt from coverage under 1910.119(a)(2)(ii), which excludes oil and gas well drilling and servicing operations?

The 1910.119(a)(ii) exemption of oil or gas well drilling or servicing operations is intended to cover all drilling operations and any well servicing operation including acidizing. Additionally, water separation facilities adjacent to or near the well (including tanks used primarily for water separation in conjunction with oil or gas well production) are not normally covered by the PSM standard. The following processes, when they involve at least threshold quantities of oil or gas, are covered by the PSM standard. Oil or gas well production fluids from several wells are processed by heating the fluids and physically separating the water from the gas or oil. The water is returned to the ground via a “down hole well” for disposal return to the strata from which it came. But if these oil or gas well drilling operations take place at “normally unoccupied remote facilities”, then according to 1910.119(a)(2)(iii), they are exempt from PSM standard coverage.

(a)(2)(iii) Meaning of “facility”

Can a facility contain more than one process?

A facility can include multiple processes. If multiple processes are interconnected, they may be considered a single process for purposes of the standard.

 

(b) DEFINITIONS

(b) “Process”

What are “aggregate threshold quantities”?

In accordance with the second sentence of the definition of “process,” quantities of a particular hazardous chemical contained in vessels that are interconnected–and in unconnected vessels that may be adversely affected due to an incident at a nearby process–must be combined to determine whether the threshold level of a hazardous chemical has been reached. If the threshold level is exceeded by the combination of the amount in separate tanks and interconnected vessels, then all of these may be considered one process.

Is waste burning of covered solvents considered a process?

Yes.

(b) “Hot work”

“Spark-producing operations” include operations which use flame-or spark-producing equipment–such as grinders, welding, burning, or brazing–that are capable of igniting flammable vapors or gases.

(b) “Normally unoccupied remote facility”

“Normally unoccupied remote facility” means that employees are not permanently stationed at the remote location. This includes those sites for which periodic visits by employees may be made on a scheduled basis. Examples could include pump stations located miles from the main establishment. Employees may be assigned to check on the station as needed. The intent behind “remote” is that, due to the isolation of the process from employees by distance, such employees would not be affected by the consequences of a catastrophic release. Therefore, the remote location must be geographically separated from other facilities and employees such that employees would not be affected by an explosion, vapor cloud of toxic gas, or other consequence of an uncontrolled release at the remote site.

 

(c) EMPLOYEE PARTICIPATION

(c) Employee participation

In implementing employee participation as required by 1910.119(c) of the PSM standard, can an employer mandate that employees e.g., top operators of process units-provide the company with information such as step-by-step procedures for routine tasks performed on their operating units? Can the employer threaten disciplinary action for employees who do not cooperate?

The employee participation called for at 1910.119(c) is intended to provide for a cooperative participatory environment and necessary flow of information from management to employees and from employees to management on process safety to eliminate or mitigate the consequences of catastrophic releases of highly hazardous chemicals in the workplace. Paragraph 1910.119(c)(2) contains language taken from the Clean Air Act Amendments (CAAA) of 1990. As prescribed by the CAAA, the standard at 1910.119(c)(3) requires that PSM information developed by the employer be made available to employees and their  representatives. Also, OSHA requires that an employer carefully consider and structure the plant’s approach to employee involvement in the PSM program.  The plan-of-action standard at 1910.119(c)(1) is intended to address this issue to ensure that the employer actively considers the appropriate method of employee participation in the implementation of the PSM program in the workplace.

(c)(2) Consultation

What does consult mean? Can the employer simply inform the employees?

Consultation refers to a two-way dialogue between the employer and the employees and their representatives (where they exist), in which the employer elicits, and responds to, employees’ concerns and suggestions bearing upon the elements of process safety management required under this standard. Consultation is therefore more than a way to inform employees about aspects of process safety; it is a process of seeking advice, criticisms, and suggestions from employees and their representatives. 

1. 1. The employer should establish a method for informing all employees and their representatives that their process safety concerns and suggestions are welcome. The employer must also establish a mechanism by which it will respond, orally or in writing, to such concerns and suggestions.
   2. In addition, the employer should affirmatively solicit the suggestions and concerns of employees and their representatives, who, by virtue of their job responsibilities, actual knowledge, or representative positions, can reasonably be expected to make substantive contributions to the development and evaluation of specific elements of process safety management. The standard requires employers to consult with “employees and their representatives.”

Is the term broad enough to include a representative of the international union? A consultant designated by the union local or international?

The standard requires consultation with “employees and their representatives”. The term “employee representative” is intended to mean union representative where a union exists, or an employee designated representative in the absence of a union. The term is to be construed broadly, and may include the local union, the international union, or an individual designated by these parties, such as the safety and health committee representative at the site or a non-employee consultant. In the absence of a union, employees have a right under the standard to designate a representative to participate in the consultation process. With respect to the PHA team, in all cases it must consist of one or more persons knowledgeable about the process. The intent of the consultation requirement at 1910.119(c)(2) is not to compel the inclusion of any person(s) who are not knowledgeable; ideally, the employer and employees/employee representatives should reach a consensus on including the most capable parties.

(c)(2) Consultation-contractors

Must the employer consult with employees of contractors?

A host employer must consult with employees of covered contractors and their representatives, to the same extent that it must consult with similarly situated direct hire employees. Therefore, the host employer must establish a method for informing all contractor employees and their representatives that their process safety concerns and suggestions are welcome, and will be responded to. In addition, the following non-exclusive examples illustrate circumstances under which the host employer may be required to solicit the advice and suggestions of specific contractor employees about specific aspects of process safety:

1. 1. Contract employees who function as process operators on covered processes, or perform routine maintenance on covered processes, should be consulted to the same extent as equivalent direct hire operating and maintenance employees, respectively.
   2. Contract employees who routinely interface with a host employer’s Management of Change program should be consulted on the effectiveness of the program as it relates to their jobs and based upon their interaction with it.
   3. Contract employees who routinely participate in activities pursuant to mechanical integrity should be consulted on the effectiveness of the program as it relates to their jobs and based upon their interaction with it; e.g., contract employees should be encouraged to identify any deficiencies they observe in the host employer’s program.
   4. Contract employees who have unique experience or knowledge concerning the operation, maintenance, or safe performance of any portion of a covered process should be consulted, as appropriate, on that portion of the process during the PHA.
   5. Contract employees who routinely interface with the host employer’s safe work practices (such as, for example, the employer’s lockout/tagout rules, hot work permit procedures, and confined space entry procedures) should be consulted as to the effectiveness of those practices.

Host employers can consult with contractor employees and their representatives directly, or through the contractor employer. Contractor employers share responsibility for ensuring that there is consultation with their employees.

(c)(3) Access

What does “access” mean? Does this mean simply make it available at a central location? Does the employer have to make copies for employees if requested?

The intent of access under this standard is for the information to be made available for employees and their representatives in a reasonable manner. Reasonable access may require providing copies or loaning documents. The trade secret provision of the standard permits the employer to require confidentiality agreements before providing the information.

(c)(3) Equal access to information

Under (c)(3), the employer is required to provide access to process hazard analyses and all other information to be developed under this standard to employees of covered contractors, to the same extent that it must provide access to direct hire employees, if similarly situated. Contract employers share responsibility for assuring that their employees are provided with the requested information.

 

(d) PROCESS SAFETY INFORMATION

(d) Retention of information

How long must the employer maintain process safety information?

In order to demonstrate compliance with this paragraph, and to meet the purpose of the standard, the process safety information is to be kept for the lifetime of the process, and updated whenever changes other than “replacement in kind” are made.

(d)(2)(ii) Original process safety information not present

If process safety information on the original technology does not exist, what must the employer do?

The employer must obtain or generate the missing information. If the information on the original technology does not exist, then the employer may delay the development of this information until the process hazard analysis (PHA) is initiated, but in no case later than the applicable dates specified at 1910.119(e)(1). However, the other information required by this section must be compiled before conducting any PHA. The information on the technology must be gathered as the PHAs are conducted in accordance with the priority schedule developed by the employer.

(d)(3)(iii) Older codes-PSM standard deadlines

For equipment based on old design codes, the employer must determine and document that the equipment is designed and operated safely. By what date must the employer do this?

Specifically:

* When must the employer determine adequacy of design based on old codes, and

* How much time does the employer have to make corrections?

Generally speaking, the time frames which apply to implementation of the PHAs also apply to this paragraph.  Such documentation must be completed either before or in conjunction with the development of the PHA, except where a pre-startup safety review is required, in which case the documentation must be completed before startup. For older equipment, this may require verification that the design and construction are safe for the intended application. Where corrective action is required as a result of the PHA, it must be completed as soon as possible pursuant to paragraph (e)(5).

EXCEPTION: For actions required by a pre-startup safety review (see (i)(2)), such corrective action must be implemented prior to the startup if the correction is safety-critical.

(e) PROCESS HAZARD ANALYSIS

(e)(1) PHA priority

What rationale must employers use to determine the priority for conducting the process hazard analyses? May the rationale include age, history, extent of employee exposure, etc.?

The appropriate priority for conducting PHAs is to be determined by using all of the criteria identified in this paragraph, e.g., extent of the process hazards (catastrophic potential), age of the process, number of potentially exposed employees, and operating history. Other appropriate factors may also be considered in establishing the priority. The documentation required by this paragraph shall demonstrate the underlying rationale for the prioritization.

(e)(1) PHA priority–“as soon as possible”

Paragraph (e) contains a five year phased-in compliance schedule for completing process hazard analyses. The provision mandates that employers first “determine and document the priority order for conducting process hazard analyses” and then complete 25 percent or more of the analyses each year after the second year. (See 57 Fed. Reg. 6378/3.) However, because OSHA believes that “plants with a limited number of processes, with simple processes, or which have already completed a number of process hazard analyses” will need less time to complete their analyses (57 Fed. Reg. 6375/3), it included a specific provision requiring that analyses “be completed as soon as possible.” 29 C.F.R. 1910.119(e)(1)

(e)(1) PHA completion dates

What is the time frame for completion of the initial PHAs and for updating and revalidating them?

In accordance with 1910.119(e)(l), all initial PHAs must be completed as soon as possible, with at least 25 percent of them completed by May 26, 1994; 50 percent by May 26, 1995; 75percent by May 26, 1996; and all completed by May 26, 1997. Initial PHAs must be updated and revalidated at least every 5 years thereafter (see 1910.119(e)(6). When employers update and revalidate a PHA before the 5-year deadline, the subsequent update and revalidation must be completed within the next 5-year period.

(e)(1) PHAs–Required site-by-site?

If a natural gas company has five sites with facilities performing the same process, does a separate PHA need to be performed for each site, for each facility at these sites, or for each process at each facility?

The PSM Standard is applicable, on a site-by-site basis, to each worksite which has one or more facilities containing one or more processes involving one or more of the covered highly hazardous chemicals. A worksite may be simply one facility containing a single process. (See the definition of “facility” in Subsection (b) of 1910.119). On the other hand, a worksite may be a complex of facilities, each containing one or more processes. Under 1910.119(e)(l), employers are required to perform initial PHAs on processes involving highly hazardous chemicals covered by the PSM standard. An employer may use a generic hazard analysis approach for the same (or nearly the same) covered process at an individual worksite. The employer must account for variations (e.g., differences in siting, incident histories, technology, equipment, or operations) for each process covered by this generic approach. Generic process hazard analysis is addressed in section 4. of nonmandatory Appendix C of 1910.119, Compliance Guidelines and Recommendation for Process Safety Management.

(e)(2) Process hazard analysis–“appropriate methodology”

What type of methodology must employers use in the PHA in order to be sure it is “appropriate”?

Employers are expected to use sound judgment, on a case-by case basis, to determine an appropriate methodology for the process hazard analysis for each covered process. It is not the intent of the standard to require a PHA methodology that is excessively burdensome, but rather one that is appropriate and which will have the capability to elicit all hazards, defects, failure possibilities, etc., for the process being analyzed, and also have the capability to address all the factors at 1910.119(e)(3).

(e)(3) Meaning of “control”

The regulation requires that the PHA address the “control” of the hazards. What is meant by: “identification, evaluation, and control of process hazards”?

The PHA is intended to identify and evaluate acceptable controls for process hazards. The evaluation of the hazards must include all the steps set out in section (e)(3)(i)-vii), using a methodology consistent with section (e)(2). Through the timely resolution of the PHA findings and recommendations, the PHA is intended to control process hazards.

(e)(3)(iv) Quantitative determination

Must the employer make a quantitative determination to determine the consequences of failure of the controls?

The intent of this paragraph is to require the employer to at least identify each type of control as well as identify the possible effects of the failure of the listed control. OSHA believes employers can determine the consequences of a failure of these controls, and establish a reasonable estimate of the safety and health effects on employees without conducting a specialized quantitative evaluation.

(e)(3)(v) Facility siting

What does “facility siting” mean?

With respect to existing plants, “siting” does not refer to the site of the plant in relation to the surrounding community. It refers, rather, to the location of various components within the establishment.

(e)(5) Abatement = shutdown?

Hazards may be identified for which a recommended solution/action might be the shutdown of the process. For example, several processes might be located very close, and if fire were to occur a domino effect might result in a catastrophic release. The resolution may be to separate the processes, but there is no additional property on which to expand.

What is required of the employer?

In such situations, the employer could implement protective measures to minimize the probability of a major uncontrolled release. An appropriate response in this specific case, for example, might be to install additional detection systems which may be interlocked to deluge systems for tanks and process equipment, to provide additional protective measures for onsite personnel, and to implement administrative controls, such as reducing inventories and numbers of exposed personnel.

(e)(5) Timeliness
Employers must “promptly” address the problems identified in the PHA in a “timely manner,” and complete actions “as soon as possible.” What time frame did OSHA intend here?

The standard’s intent is for the employer to take corrective action as soon as possible. As soon as possible means that the employer shall proceed with all due speed, considering the complexity of the recommendation and the difficulty of implementation. OSHA expects employers to develop a schedule for completion of corrective actions, to document what actions are to be taken, and to document the completion of those actions as they occur.

(e)(5) Addressing PHA team’s findings and recommendations
Paragraph (e) of the standard requires that a team with expertise in engineering and process operations conduct a process hazard analysis, containing specific findings and recommendations for each covered process. The employer is then required to promptly “address” and “resolve” the team’s findings, document the actions taken, and communicate these actions to the affected employees. 29 C.F.R. 1910.119(e)(5).

OSHA considers an employer to have “resolved” the team’s findings and recommendations when the employer either has adopted the recommendations, or has justifiably declined to do so. Where a recommendation is rejected, the employer must communicate this to the team, and expeditiously resolve any subsequent recommendations of the team.

An employer can justifiably decline to adopt a recommendation where the employer can document, in writing and based upon adequate evidence, that one or more of the following conditions is true:

1. The analysis upon which the recommendation is based contains material factual errors;
2. The recommendation is not necessary to protect the health and safety of the employer’s own employees, or the employees of contractors;
3. An alternative measure would provide a sufficient level of protection; or
4. The recommendation is infeasible.

(e)(7) Retention

How long must the process hazard analyses, updates, and revalidations be retained?

For the life of the process.

 

(f) OPERATING PROCEDURES

(f)(1) Written operating procedures

Many employers have computerized process control systems and safety interlock systems software. Can simplified loop diagrams or narrative descriptions be used to describe the logic of software and the relationship between the equipment and computerized process control systems, to meet the requirements for written operating procedures at 1910.119(f)(1)? Can system logic flow charts or narrative descriptions of the computerized safety interlock systems be used to meet these same requirements?

It is anticipated that employers would include loop diagrams, flow charts, and narrative descriptions of control and interlock systems in their compilations of written process safety information required by 1910.119(d) before conducting any PHAs required by 1910.119(e). Written operating procedures must be developed to provide clear instructions for safely conducting activities involved in each covered process, consistent with the process safety information and with the associated PHA.  Simplified diagrams, flow charts, and narratives could be used in conjunction with instructions to meet the requirements for written operating procedures at 1910.119(f)(1).

(f)(1)(iii)(c) “Control measures to be taken if physical contact or airborne exposure occurs”

Does this mean first aid, or industrial hygiene services?

It primarily means first aid procedures or emergency medical attention, which should be consistent with the information on the {material safety data sheet MSDS/SDS.}

 

(g) TRAINING

(g)(1)(i) Initial training

Training in an overview of the process, and in safety and health hazards, emergency operations, and safe work practices, must have been completed by May 26, 1992. In situations where operating procedures were already in place, training in those existing procedures was required by May 26, 1992. Initial training shall have been provided by that date, based on existing procedures and available process information. As new information and procedures are developed, refresher training must be provided in accordance with paragraph (g)(2).

(g)(1)(ii) Initial training- “grandfathering”

What is required in the employer’s written certification regarding employees whose initial training is “grandfathered”?

Where employees involved in operating the process have not received the initial training required under (g)(1)(i), but have been involved in operating the process safely for a period of time prior to May 26, 1992, the employer may waive the initial training requirement by certifying 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, written or otherwise.  Such certification may be based on on-the-job evaluation or other equivalent determination methods. When new operating procedures–which must be written–are subsequently developed, the employer must give training to operating employees prior to their implementation.

(g)(2) Refresher training

Employees have to be given refresher training at least every 3 years–measured from when?

The time period for refresher training of an employee involved in operating a process is to be measured from the date of the employee’s last training [or “grandfathering,” as allowed at (g)(1)(ii)] in the overview and current operating procedures of the process.

Under what circumstances must refresher training be provided more often than every 3 years?

Employers, in consultation with employees, shall determine the appropriate frequency, which may be based on consideration of such factors as deviations from standard operating procedures, recent incidents, or apparent deficiencies in training.

Is training under “management of change” considered to be refresher training?

No. It is an independent training requirement, in addition to other training requirements of the standard.

(g)(3) Training documentation

This paragraph requires the employer to make sure that operators “understand” the training provided to them under this section. Is some method of testing required?

There must be some positive means taken by the employer to determine if employees have understood their training and are capable of adhering to the current operating procedures of the process. This could include the administration of a written test, although the standard does not require that a formal written test be used. Other means of ascertaining comprehension of the training, such as on-the-job demonstrations, etc., are acceptable, as long as they are adequately documented.

(h) CONTRACTORS

(h) Scope of activities

The list of covered and exempted activities in paragraph (h) is meant to be illustrative of potential contractor activities. The standard covers all contractor activities that have the potential for affecting process safety. Therefore, paragraph (h) applies to all contractor activities on or adjacent to a covered process, except those incidental activities that do not influence process safety, such as janitorial work, food and drink services, laundry, delivery or other supply services. Consequently, contractors performing construction, demolition, equipment installation and other work that bay affect the safety of a covered process must comply with the requirements of this paragraph. Furthermore, paragraph (h) is not the only part of the process safety management standard that applies to contractors. In appropriate
circumstances, other provisions of the standard apply.

(h) Scope of activities-construction work

Do contractors performing construction work at a site covered by the PSM standard also have to comply with 29 CFR 1926 standards?

Contractors performing construction work at a site covered by the PSM standard must comply with all applicable standards under 29 CFR 1926, including Part 1926, Subpart C requirements. See the regulation at 29 CFR 1910.12(b), which defines the term “construction work,” and the regulation at 29 CFR 1926.13, which discusses the terms “construction,” “alteration,” and “repair.”

(h)(1) and (2) Contractors and subcontractors

Paragraph (h) applies to all subcontractors whose work falls within the scope of covered work as established in (h)(1). The host employer and the general contractors are both responsible for ensuring that the duties contained in (h)(2) are performed; this applies to inquiring into the safety records of their subcontractors, informing the subcontractor as to the known potential hazards, the emergency action plan, and safe work practices, and ensuring the subcontractor’s compliance with the standard. Furthermore, under (h)(2)(v), the host employer has the obligation to assure that the contract employer and the subcontractor are properly performing their obligations under (h)(2) with respect to their subcontractors’ compliance with the standard.

The intention is that host employers and contractors exercise responsible oversight of their respective contractors’ and subcontractors’ performance of safety and health requirements under the standard.

(h)(2) Contractors-Employer responsibilities–Training

How much of the burden of training contractor employees is placed on the employer?

The burden of training contractor employees is on the contractor employer. However, under 1910.119(h)(2)(v), the host employer shall periodically evaluate the contract employer’s performance with respect to the (contract) employee instruction and training requirements at 1910.119(h)(3).

NOTE: The employer must inform a contract employer of the hazards related to the contractor’s work and the process [as noted at 1910.119(h)(2)(ii) and (iii)].

Although the standard places the primary responsibility for providing training to its employees on the contract employer itself, the host employer bears the responsibility to “periodically evaluate the performance of contract employers in fulfilling their obligations as specified in paragraph (h)(3).” 29 C.F.R. 1910.119(h)(2)(v). Such “obligations” clearly include training obligations. The standard also requires the host employer to select a contract employer only after evaluating its safety performance and programs [(h)(2)(i)], and to inform the contract employer about the specific hazards associated with the process [(h)(2)(ii)] and the provisions of the emergency action plan [(h)(2)(iii)].

If contract employees are involved in operating a process or maintaining the on-going integrity of process equipment, then they must receive training in accordance with the specific training requirements set forth in paragraphs (g) and (j), respectively. In order to satisfy its obligations under (h)(2)(v), the host employer must ensure, through periodic evaluations, that the training provided to these contract employees by the contract employer is in fact equivalent to the training that the standard requires for direct hire employees. Such training need not be identical in format or content or context to training given to the host’s employees. The critical element is that information required by the standard must be conveyed to and learned by contract employees as well as direct hire employees. The obligation may be satisfied by joint training or by separate training. Moreover, (h) requires that every employee of a covered contractor be trained in the work practices necessary to perform safely his or her job. The contract employee must be able to perform his or her own job tasks safely and should receive:

1. 1. training prior to beginning work on or near a covered process, which should encompass
      1. instruction regarding known process hazards related to his or her job, including training in the applicable provisions of the emergency action plan; and
      2. training in the safe work practices adopted by the host employer and the contract employer; and
   2. additional training as necessary
      1. to prepare the employee for changes in the operations or work practices at the facility and
      2. to ensure that the employee’s understanding of the applicable safe work practices and other rules remains current.

(h)(2)(i) Contractors-Employer responsibilities-Selecting a contractor

When selecting a contractor, an employer has to evaluate the potential contractor’s safety performance and programs. Must the employer document this? If so, to what extent?

The standard does not require the employer to document the evaluation of the information obtained regarding contractor safety performance and programs. However, OSHA compliance officers are directed to review records about these aspects of the selection process and to determine if the employer has met the intent of this provision. (See Appendix A of this instruction, page A-25.)

(h)(2)(vi) Contractors-Employer responsibilities-Contractor injury and illness log

What type of injury and illness log does an employer have to maintain regarding contract employees?

If the contract employer is willing to share the OSHA 200 log and OSHA 101 first reports of injury (or equivalent) with the employer, and if those logs and reports specifically indicate which injuries and illnesses are related to process areas, then such records would be acceptable to OSHA. Acceptable alternatives would be for the employer to develop a contract employee injury and illness log separately for each contractor, or a combined log for all contractors if the combined log distinguishes among contractors.

 

(i) PRE-STARTUP SAFETY REVIEW

(i)(2)(i) Pre-startup safety review–equipment in accordance with design specifications

The employer is responsible for ensuring that process equipment meets design specifications prior to startup. For equipment that has been modified to the extent that a change to the process safety information is required, the employer must ensure that the process safety information has been modified prior to startup. (Note also the requirements of 1910.119(j)(4)(ii)–Mechanical integrity–Inspection and testing.

 

(j) MECHANICAL INTEGRITY

(j)(1)(i) Application

“Pressure vessels and storage tanks” includes “pressurized” storage tanks; i.e., tanks designed to be used above atmospheric pressure, as well as non-pressurized (atmospheric) storage tanks.

(j)(2) Written Procedures

The purpose of this provision is to require written procedures in adequate detail to ensure that the specific process equipment receives careful, appropriate, regularly scheduled maintenance to ensure its continued safe operation. A “breakdown” maintenance program (i.e., a program wherein action is taken only when something breaks down) does not meet the requirements of this paragraph.

(j)(2) Written Procedures

Do these written procedures need to be specific to each vessel, each type of vessel, or each group of equipment types listed?

The procedures need to be specific to the type of vessel or equipment. Identical or very similar vessels and items of equipment in similar service need not have individualized maintenance procedures. Each procedure must clearly identify the equipment to which it applies.

(j)(3) Training for process maintenance activities

As OSHA indicated in the preamble, paragraph (j)(3) requires that employers provide maintenance employees with “on-going” or “continual” training adequate “to assure that they can perform their jobs in a safe manner.” (See 57 Fed. Reg. 6390/1.) In this regard, the paragraph clearly contemplates that new maintenance employees be trained before beginning work at the site, and all maintenance employees receive additional training appropriate to their constantly changing job tasks.

Moreover, although “maintenance employees need not be trained in process operating procedures to the same extent as those employees who are actually involved in operating the process” (57 Fed. Reg. 6390/1), they must be trained in all “procedures applicable to the employee’s job tasks to assure that the employee can perform the job tasks in a safe manner.” 29 C.F.R. 1910.119(j)(3). Thus, a maintenance worker sent to work on a process breakdown must be trained in operating procedures that are relevant to the repair or installation on which he or she is working.

Finally, OSHA intends that employers incorporate all safety-related topics applicable to maintenance tasks into the ongoing training program required by paragraph (j) to assure that maintenance employees can perform their job tasks in a safe manner. Thus, in order to train maintenance workers in “procedures applicable” to their job tasks under paragraph an employer must, in appropriate circumstances, train these workers in the safe work practices required under paragraph (f)(4), in the written procedures to manage change under paragraph (l), and in the appropriate provisions of the emergency action plan under paragraph (n) of the standard. These provisions, in turn, may implicate other OSHA general industry requirements, such as, for instance, the training requirements of the lockout/tagout standard. (See 29 C.F.R. 1910.147(c)(7).

(j)(5) Equipment deficiencies

If equipment is found to be operating outside acceptable limits, must the process be shut down and the equipment deficiencies corrected before further use?

To ensure the ongoing mechanical integrity of the covered process, equipment deficiencies must be corrected promptly if the equipment is outside the acceptable limits specified in the process safety information. There may be situations where it may not be necessary that the deficiencies be corrected “before further use” as long as the deficiencies are corrected in a safe and timely manner when necessary means (e.g., protective measures and continuous
monitoring) are taken to ensure safe operation.

NOTE: Operating equipment outside acceptable limits is considered to be a deficiency.

(j)(6)(ii) Quality assurance

If an installation is being done by contractors, does this require the employer to implement a quality assurance program to monitor the activities of these contractors?

The employer is responsible for ensuring that equipment is installed consistent with design specifications and manufacturer’s instructions. This may require the employer to be involved in the review, inspection, certification, and quality assurance of work performed by contractors.

 

(l) MANAGEMENT OF CHANGE

(l) Management of change

What does “change” encompass?

Any change whatsoever that may affect a covered process triggers the management of change provisions. The only exception to this is when there is a replacement in kind.

Do the management of change procedures apply to items such as gaskets?

Replacements in kind are not covered. If a new gasket is to be installed that is of different material, composition, shape, size, or design, then a management of change would be required.

 

(m) INCIDENT INVESTIGATION

(m)(5) Addressing team’s findings

Paragraph (m) requires that a team of knowledgeable individuals investigate every catastrophic incident and “near-miss,” and likewise requires that the employer promptly “address and resolve” the team’s recommendations and document corrective action. [See 1910.119(m)(5).]
As with the similar provision in paragraph (e), this provision was designed to require the employer to respond to the team’s findings and recommendations, while at the same time allowing the employer the flexibility not only to reject proposals that are erroneous or infeasible, but also to modify a recommendation that may not be as protective as possible or may be no more protective than a less complex or expensive measure. (See 57 Fed. Reg. 6395/3.)

OSHA considers an employer to have “resolved” the team’s findings and recommendations when the employer either has adopted the recommendations, or has justifiably declined to do so. Where a recommendation is rejected, the employer must communicate this to the team, and expeditiously resolve any subsequent recommendations of the team.

An employer can justifiably decline to adopt a recommendation where the employer can document, in writing and based upon adequate evidence, that one or more of the following conditions is true:
1. The analysis upon which the recommendation is based contains material factual errors;
2. The recommendation is not necessary to protect the health and safety of the employer’s own employees, or the employees of contractors;
3. An alternative measure would provide a sufficient level of protection; or
4. The recommendation is infeasible.

 

(o) COMPLIANCE AUDITS

(o)(1) Compliance audits–required frequency?

Employers must certify at least every 3 years that they have evaluated compliance with 1910.119. Under 1910.119(o)(1), employers must conduct compliance audits in a timely manner to meet this certification requirement. The first certification is required no later than May 26, 1995. When employers conduct compliance audits and certify compliance with 1910.119 before May 26, 1995, the subsequent certification must be within 3 years from the certification date.

NOTE: It may be necessary for employers to conduct compliance audits and certify that they have evaluated compliance more frequently than every 3 years, because of significant or numerous deficiencies disclosed by the previous audit, or for other reasons.

(o)(4) Documenting actions based on compliance audit findings

The purpose of this paragraph is to ensure that employers determine an appropriate response to each of the report findings and, if employers identify a deficiency that needs to be corrected, that they document the correction of the deficiency. The appropriate response to each of the report findings must be promptly documented. The correction of any identified deficiency must be documented as soon as possible after the corrective action is taken.