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OSHA Chemical Safety Initiatives

OSHA Chemical Safety Initiatives. SOCMA Washington, DC December 5, 2007. Fatality/Catastrophe PSM Incidents. From DEP Fatality Study. What’s Up with OSHA. Refinery National Emphasis Program (NEP) Pilot “Chemical Plant” CPL “ MOTIVA” Interpretation Federal Register Notice

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OSHA Chemical Safety Initiatives

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  1. OSHA Chemical Safety Initiatives SOCMA Washington, DC December 5, 2007

  2. Fatality/Catastrophe PSM Incidents From DEP Fatality Study

  3. What’s Up with OSHA • Refinery National Emphasis Program (NEP) • Pilot “Chemical Plant” CPL • “MOTIVA” Interpretation • Federal Register Notice • Combustible Dust NEP • Guidance • HAZ Comm/GHS ANPR

  4. ‘Motiva” Interpretation • 2 Business Units • Refinery • Distribution Terminal • Interconnection of >>> TQ flammable gas • Fire During Loading • Driver burned Refinery Complex 7 Propane Bullets >>> TQ Interconnected to Distribution Terminal Truck Distribution Rack Distribution Terminal

  5. Motiva Background • Issue of interconnection of flammable materials is key to the enforcement of the PSM standard • Motiva appealed OSHA PSM citations • Motiva only argued scope/application of standard • OSHA won the case at the ALJ level. • OSHA then lost case at the OSH Review Commission - Motiva Enterprises, 21 BNA OSHC 1696 (OSHRC No. 02-2160, 2006). • The Review Commission questioned whether the regulatory text was meant to limit the coverage of the PSM standard to a HHC process, that was both “on-site” and “in one location” as per scope/application of 1910.119.

  6. Motiva Background • Review Commission decided • Could not determine that the cited activities were "on site" and "in one location” • Absence of an authoritative interpretation • Vacated the citations. • The Review Commission recognized • OSHA is the agency responsible for policymaking under the OSH Act • Commission left it to OSHA to decide • "in the first instance . . . the meaning of these terms and offer an 'authoritative interpretation.'" • "[a]ny such subsequent interpretation" would be reviewed in a future case "under 'standard deference principles.'" • FR Notice addresses OSHA’s interpretation of the term “on site in one location” in the scope and application section of the PSM standard • Bottom Line • Interpretation and application of scope provisions of PSM stays the same • NOTHING has changed • FR Notice reiterated OSHA’s current interpretation

  7. Refinery National Emphasis Program • OSHA national PSM enforcement program • Program (NEP) for inspecting petroleum refineries • SIC 2911 and NAICS 324110 • Contains policies and procedures to verify employers’ compliance with OSHA’s PSM standard • Primary Purpose: Tool for OSHA CSHOs to determine compliance w/PSM

  8. Why Refinery NEP • Need for OSHA to conduct programmed inspections at high risk facilities • FAT/CAT data indicates refineries are good place to start • SIC 2911 experienced 36 FAT/CATS since 1992 • Top 4 SICs account for 40% of all PSM FAT/CATS • Refineries account for 20% of Total • Refinery FAT/CATs > other 3 top SICs combined • Recent Refinery Incidents • BP TCR

  9. Breakdown of 152 U.S. Refineries From EPA RMP Submittals

  10. Distribution of U.S. Refineries by Region

  11. NEP Focus Areas • Prioritize on Implementation versus the existence of documentation • Ensure that employers do what they have committed to do • RAGAGEP • 119(d)(3)(ii) – “…shall comply with RAGAGEP” • Mostly Equipment • Vessels, Piping, Relief Systems, Blowdown Systems • PHA • 119(e)(1) - “…shall identify, evaluate, and control hazards of process” • Equipment Deficiencies • 119(j)(5) – fix deficient equipment before further use or take necessary means to assure safe operation until deficiency can be fixed at next opportunity • Others

  12. New Inspection Strategy • Evaluate PSM compliance using Inspection Priority Items (IPI) • Gap Analysis (Yes, No, N/A Questions) • Questions developed in-house • will work in questions provided by anybody • List Based IPI • Static List • 95 Questions • Like all OSHA CPLs, posted on public website • Dynamic List • 8 to 15 questions/list • Changes every 2 to 6 weeks • “Secret List” for inspection integrity • Not posted on OSHA’s public website

  13. So Far…. • NEP launched June 7, 2007 • 16 NEP inspections started/on-going • No inspections have been completed • Therefore, no citations issued to-date • Early inspections finding many deficiencies • CSHOs going “off-script” • Many deficiencies found that are not related to IPI • Resulting in longer inspections than originally planned

  14. Some Findings… • Findings are varied • Some specific deficiencies found • PHA recommendations not resolved • No car seals for isolation valves on relief discharge lines • Low hanging fruit • Piping well below retirement thickness • Facility siting – control room • Facility siting – emergency isolation valves • Relief study recommendations as part of PHA not resolved • Factors contributing to the incident not listed in report • Contractors not included in investigation team when required • MOC documentation not complete for vessel rerate • Design basis for relief system does not exist • LOTO failure to verify deenerization • Contractors hot work practices

  15. “Chemical Plant” ComplianceDirective • Need for programmed inspections at high risk chemical facilities • PSM inspection resources fully deployed conducting NEP • Pilot Program for Chemical Facilities • Regions with few NEP inspections • 1 year in duration • Decision near end of NEP to fully deploy Chem CPL

  16. Pilot Chem CPL • Details TBD • Thoughts • Targeting Sites to be Inspected • Use RMP Program 3 facilities as main target for selecting sites for inspection • Add SICs typically covered by PSM which are not covered by RMP • Inspection Strategy • Many inspections, shorter duration • Use Dynamic List IPI concept

  17. Combustible Dust NEP • 280 dust fires and explosions in U.S. industrial facilities • past 25 years • 119 fatalities and over 700 injuries • Per CSB • National Emphasis Program • Policies and procedures for inspecting workplaces that create or handle combustible dusts.

  18. Combustible Dust CPL • CPL 03-00-006 • http://www.osha.gov/OshDoc/Directive_pdf/CPL_03-00-006.pdf • Issued October 18, 2007

  19. Hazard Communication • Considering adoption of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) • Published an advance notice of proposed rulemaking (ANPR) 9/12/2006 • Accepted comments until 11/13/2006

  20. Hazard Communication • Other OSHA standards may be affected • Will likely need to change hazard communication provisions in OSHA’s substance-specific standards to be consistent. • May also need to address parts of other standards that have criteria for hazard definitions, such as flammable liquids.

  21. Completed Guidance Projects • Motor vehicle safety • Combustible dust (SHIB) • Indoor air (mold) • Pandemic flu preparedness • Glutaraldehyde • Perchloroethylene

  22. Completed Guidance Projects • Guidance for Hazard Determination (HazCom) • Motor vehicle safety at marine terminals • Slings • Marine terminal crane radio communication

  23. Guidance Projects in Development • Hazard communication/GHS • PPE for emergency response • Reactive chemicals • Combustible dust poster • Lockout/tagout checklist

  24. Questions Mike Marshall 202-693-2179 marshall.mike@dol.gov

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