§ 1926.64 29 CFR Ch. XVII (7–1–10 Edition)

studies should be obtained in all individuals physician has a primary responsibility for with elevated ZPP levels to be certain that evaluating potential lead toxicity in the an associated elevated blood lead level has worker. It is only through a careful and de- not been missed due to transient fluctua- tailed medical and work history, a complete tions in blood leads. physical examination and appropriate lab- ZPP has a characteristic fluorescence spec- oratory testing that an accurate assessment trum with a peak at 594 nm which is detect- can be made. Many of the adverse health ef- able with a hematofluorimeter. The fects of lead toxicity are either irreversible hematofluorimeter is accurate and portable or only partially reversible and therefore and can provide on-site, instantaneous re- early detection of disease is very important. sults for workers who can be frequently test- This document outlines the medical moni- ed via a finger prick. toring program as defined by the occupa- However, careful attention must be given tional safety and health standard for inor- to calibration and quality control proce- ganic lead. It reviews the adverse health ef- dures. Limited data on blood lead-ZPP cor- fects of lead poisoning and describes the im- relations and the ZPP levels which are asso- portant elements of the history and physical ciated with the adverse health effects dis- examinations as they relate to these adverse cussed in Section 2 are the major limitations effects. Finally, the appropriate laboratory of the test. Also it is difficult to correlate testing for evaluating lead exposure and tox- ZPP levels with environmental exposure and icity is presented. there is some variation of response with age It is hoped that this review and discussion and sex. Nevertheless, the ZPP promises to will give the physician a better under- be an important diagnostic test for the early standing of the OSHA standard with the ulti- detection of lead toxicity and its value will mate goal of protecting the health and well- increase as more data is collected regarding being of the worker exposed to lead under his its relationship to other manifestations of or her care. lead poisoning. Levels of delta-aminolevulinic acid (ALA) [58 FR 26627, May 4, 1993, as amended at 58 in the urine are also used as a measure of FR 34218, June 24, 1993; 61 FR 5510, Feb. 13, lead exposure. Increasing concentrations of 1996; 63 FR 1296, Jan. 8, 1998; 70 FR 1143, Jan. ALA are believed to result from the inhibi- 5, 2005; 71 FR 16674, Apr. 3, 2006; 71 FR 50191, tion of the enzyme delta-aminolevulinic acid Aug. 24, 2006; 73 FR 75588, Dec. 12, 2008] dehydrase (ALA-D). Although the test is rel- atively easy to perform, inexpensive, and § 1926.64 Process safety management rapid, the disadvantages include variability of highly hazardous chemicals. in results, the necessity to collect a com- Purpose. This section contains re- plete 24 hour urine sample which has a spe- cific gravity greater than 1.010, and also the quirements for preventing or mini- fact that ALA decomposes in the presence of mizing the consequences of cata- light. strophic releases of toxic, reactive, The pattern of porphyrin excretion in the flammable, or explosive chemicals. urine can also be helpful in identifying lead These releases may result in toxic, fire intoxication. With lead poisoning, the urine or explosion hazards. concentrations of coproporphyrins I and II, (a) Application. (1) This section ap- porphobilinogen and uroporphyrin I rise. The most important increase, however, is that of plies to the following: coproporphyrin III; levels may exceed 5,000 (i) A process which involves a chem- μg/l in the urine in lead poisoned individuals, ical at or above the specified threshold but its correlation with blood lead levels and quantities listed in Appendix A to this ZPP are not as good as those of ALA. In- section; creases in urinary porphyrins are not diag- (ii) A process which involves a flam- nostic of lead toxicity and may be seen in mable liquid or gas (as defined in porphyria, some liver diseases, and in pa- § 1926.59(c) of this part) on site in one tients with high reticulocyte counts. Summary. The Occupational Safety and location, in a quantity of 10,000 pounds Health Administration’s interim standard (4535.9 kg) or more except for: for inorganic lead in the construction indus- (A) Hydrocarbon fuels used solely for try places significant emphasis on the med- workplace consumption as a fuel (e.g., ical surveillance of all workers exposed to propane used for comfort heating, gaso- levels of inorganic lead above 30 μg/m3 TWA. line for vehicle refueling), if such fuels The physician has a fundamental role in this are not a part of a process containing surveillance program, and in the operation of another highly hazardous chemical the medical removal protection program. Even with adequate worker education on covered by this standard; the adverse health effects of lead and appro- (B) Flammable liquids stored in at- priate training in work practices, personal mospheric tanks or transferred which hygiene and other control measures, the are kept below their normal boiling

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point without benefit of chilling or re- chemicals, or combination of these ac- frigeration. tivities. For purposes of this definition, (2) This section does not apply to: any group of vessels which are inter- (i) Retail facilities; connected and separate vessels which (ii) Oil or gas well drilling or serv- are located such that a highly haz- icing operations; or, ardous chemical could be involved in a (iii) Normally unoccupied remote fa- potential release shall be considered a cilities. single process. (b) Definitions. Atmospheric tank Replacement in kind means a replace- means a storage tank which has been ment which satisfies the design speci- designed to operate at pressures from fication. atmospheric through 0.5 p.s.i.g. (pounds Trade secret means any confidential per square inch gauge, 3.45 Kpa). formula, pattern, process, device, infor- Boiling point means the boiling point mation or compilation of information of a liquid at a pressure of 14.7 pounds that is used in an employer’s business, per square inch absolute (p.s.i.a.) (760 and that gives the employer an oppor- mm.). For the purposes of this section, tunity to obtain an advantage over where an accurate boiling point is un- competitors who do not know or use it. available for the material in question, Appendix D contained in § 1926.59 sets or for mixtures which do not have a out the criteria to be used in evalu- constant boiling point, the 10 percent ating trade secrets. point of a distillation performed in ac- (c) Employee participation. (1) Employ- cordance with the Standard Method of ers shall develop a written plan of ac- Test for Distillation of Petroleum tion regarding the implementation of Products, ASTM D-86-62, may be used the employee participation required by as the boiling point of the liquid. this paragraph. Catastrophic release means a major (2) Employers shall consult with em- uncontrolled emission, fire, or explo- ployees and their representatives on sion, involving one or more highly haz- the conduct and development of proc- ardous chemicals, that presents serious ess hazards analyses and on the devel- danger to employees in the workplace. opment of the other elements of proc- Facility means the buildings, con- ess safety management in this stand- tainers or equipment which contain a ard. process. (3) Employers shall provide to em- Highly hazardous chemical means a ployees and their representatives ac- substance possessing toxic, reactive, cess to process hazard analyses and to flammable, or explosive properties and all other information required to be de- specified by paragraph (a)(1) of this veloped under this standard. section. (d) Process safety information. In ac- Hot work means work involving elec- cordance with the schedule set forth in tric or gas welding, cutting, brazing, or paragraph (e)(1) of this section, the em- similar flame or spark-producing oper- ployer shall complete a compilation of ations. written process safety information be- Normally unoccupied remote facility fore conducting any process hazard means a facility which is operated, analysis required by the standard. The maintained or serviced by employees compilation of written process safety who visit the facility only periodically information is to enable the employer to check its operation and to perform and the employees involved in oper- necessary operating or maintenance ating the process to identify and under- tasks. No employees are permanently stand the hazards posed by those proc- stationed at the facility. Facilities esses involving highly hazardous meeting this definition are not contig- chemicals. This process safety informa- uous with, and must be geographically tion shall include information per- remote from all other buildings, proc- taining to the hazards of the highly esses or persons. hazardous chemicals used or produced Process means any activity involving by the process, information pertaining a highly hazardous chemical including to the technology of the process, and any use, storage, manufacturing, han- information pertaining to the equip- dling, or the on-site movement of such ment in the process.

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(1) Information pertaining to the haz- nized and generally accepted good engi- ards of the highly hazardous chemicals in neering practices. the process. This information shall con- (iii) For existing equipment designed sist of at least the following: and constructed in accordance with (i) Toxicity information; codes, standards, or practices that are (ii) Permissible exposure limits; no longer in general use, the employer (iii) Physical data; shall determine and document that the (iv) Reactivity data: equipment is designed, maintained, in- (v) Corrosivity data; spected, tested, and operating in a safe (vi) Thermal and chemical stability manner. data; and (e) Process hazard analysis. (1) The (vii) Hazardous effects of inadvertent employer shall perform an initial proc- mixing of different materials that ess hazard analysis (hazard evaluation) could foreseeably occur. on processes covered by this standard. NOTE: Material Safety Data Sheets meet- The process hazard analysis shall be ing the requirements of 29 CFR 1926.59(g) appropriate to the complexity of the may be used to comply with this require- process and shall identify, evaluate, ment to the extent they contain the infor- mation required by this subparagraph. and control the hazards involved in the (2) Information pertaining to the tech- process. Employers shall determine and nology of the process. (i) Information document the priority order for con- concerning the technology of the proc- ducting process hazard analyses based ess shall include at least the following: on a rationale which includes such con- (A) A block flow diagram or sim- siderations as extent of the process plified process flow diagram (see Ap- hazards, number of potentially affected pendix B to this section); employees, age of the process, and op- (B) Process chemistry; erating history of the process. The (C) Maximum intended inventory; process hazard analysis shall be con- (D) Safe upper and lower limits for ducted as soon as possible, but not such items as temperatures, pressures, later than the following schedule: flows or compositions; and, (i) No less than 25 percent of the ini- (E) An evaluation of the con- tial process hazards analyses shall be sequences of deviations, including completed by May 26, 1994; those affecting the safety and health of (ii) No less than 50 percent of the ini- employees. tial process hazards analyses shall be (ii) Where the original technical in- completed by May 26, 1995; formation no longer exists, such infor- (iii) No less than 75 percent of the mation may be developed in conjunc- initial process hazards analyses shall tion with the process hazard analysis be completed by May 26, 1996; in sufficient detail to support the anal- (iv) All initial process hazards anal- ysis. yses shall be completed by May 26, 1997. (3) Information pertaining to the equip- (v) Process hazards analyses com- ment in the process. (i) Information per- pleted after May 26, 1987 which meet taining to the equipment in the process the requirements of this paragraph are shall include: acceptable as initial process hazards (A) Materials of construction; analyses. These process hazard anal- (B) Piping and instrument diagrams yses shall be updated and revalidated, (P&ID’s); based on their completion date, in ac- (C) Electrical classification; cordance with paragraph (e)(6) of this (D) Relief system design and design standard. basis; (2) The employer shall use one or (E) Ventilation system design; more of the following methodologies (F) Design codes and standards em- that are appropriate to determine and ployed; evaluate the hazards of the process (G) Material and energy balances for being analyzed. processes built after May 26, 1992; and, (i) What-If; (H) Safety systems (e.g. interlocks, (ii) Checklist; detection or suppression systems). (iii) What-If/Checklist; (ii) The employer shall document (iv) Hazard and Operability Study that equipment complies with recog- (HAZOP);

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(v) Failure Mode and Effects Analysis dated by a team meeting the require- (FMEA); ments in paragraph (e)(4) of this sec- (vi) Fault-Tree Analysis; or tion, to assure that the process hazard (vii) An appropriate equivalent meth- analysis is consistent with the current odology. process. (3) The process hazard analysis shall (7) Employers shall retain process address: hazards analyses and updates or re- (i) The hazards of the process; validations for each process covered by (ii) The identification of any previous this section, as well as the documented incident which had a likely potential resolution of recommendations de- for catastrophic consequences in the scribed in paragraph (e)(5) of this sec- workplace; tion for the life of the process. (iii) Engineering and administrative (f) Operating procedures. (1) The em- controls applicable to the hazards and ployer shall develop and implement their interrelationships such as appro- written operating procedures that pro- priate application of detection meth- vide clear instructions for safely con- odologies to provide early warning of ducting activities involved in each cov- releases. (Acceptable detection meth- ered process consistent with the proc- ods might include process monitoring ess safety information and shall ad- and control instrumentation with dress at least the following elements. alarms, and detection hardware such as (i) Steps for each operating phase: hydrocarbon sensors.); (A) Initial startup; (iv) Consequences of failure of engi- neering and administrative controls; (B) Normal operations; (v) Facility siting; (C) Temporary operations; (vi) Human factors; and (D) Emergency shutdown including (vii) A qualitative evaluation of a the conditions under which emergency range of the possible safety and health shutdown is required, and the assign- effects of failure of controls on employ- ment of shutdown responsibility to ees in the workplace. qualified operators to ensure that (4) The process hazard analysis shall emergency shutdown is executed in a be performed by a team with expertise safe and timely manner. in engineering and process operations, (E) Emergency operations; and the team shall include at least one (F) Normal shutdown; and, employee who has experience and (G) Startup following a turnaround, knowledge specific to the process being or after an emergency shutdown. evaluated. Also, one member of the (ii) Operating limits: team must be knowledgeable in the (A) Consequences of deviation; and specific process hazard analysis meth- (B) Steps required to correct or avoid odology being used. deviation. (5) The employer shall establish a (iii) Safety and health consider- system to promptly address the team’s ations: findings and recommendations; assure that the recommendations are resolved (A) Properties of, and hazards pre- in a timely manner and that the reso- sented by, the chemicals used in the lution is documented; document what process; actions are to be taken; complete ac- (B) Precautions necessary to prevent tions as soon as possible; develop a exposure, including engineering con- written schedule of when these actions trols, administrative controls, and per- are to be completed; communicate the sonal protective equipment; actions to operating, maintenance and (C) Control measures to be taken if other employees whose work assign- physical contact or airborne exposure ments are in the process and who may occurs; be affected by the recommendations or (D) Quality control for raw materials actions. and control of hazardous chemical in- (6) At least every five (5) years after ventory levels; and, the completion of the initial process (E) Any special or unique hazards. hazard analysis, the process hazard (iv) Safety systems and their func- analysis shall be updated and revali- tions.

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(2) Operating procedures shall be (3) Training documentation. The em- readily accessible to employees who ployer shall ascertain that each em- work in or maintain a process. ployee involved in operating a process (3) The operating procedures shall be has received and understood the train- reviewed as often as necessary to as- ing required by this paragraph. The sure that they reflect current oper- employer shall prepare a record which ating practice, including changes that contains the identity of the employee, result from changes in process chemi- the date of training, and the means cals, technology, and equipment, and used to verify that the employee under- changes to facilities. The employer stood the training. shall certify annually that these oper- (h) Contractors—(1) Application. This ating procedures are current and accu- paragraph applies to contractors per- rate. forming maintenance or repair, turn- (4) The employer shall develop and around, major renovation, or specialty implement safe work practices to pro- work on or adjacent to a covered proc- vide for the control of hazards during ess. It does not apply to contractors operations such as lockout/tagout; con- providing incidental services which do fined space entry; opening process not influence process safety, such as equipment or piping; and control over janitorial work, food and drink serv- entrance into a facility by mainte- ices, laundry, delivery or other supply nance, contractor, laboratory, or other services. support personnel. These safe work (2) Employer responsibilities. (i) The practices shall apply to employees and employer, when selecting a contractor, contractor employees. shall obtain and evaluate information (g) Training—(1) Initial training. (i) regarding the contract employer’s safe- Each employee presently involved in ty performance and programs. operating a process, and each employee (ii) The employer shall inform con- before being involved in operating a tract employers of the known potential newly assigned process, shall be fire, explosion, or toxic release hazards trained in an overview of the process related to the contractor’s work and and in the operating procedures as the process. specified in paragraph (f) of this sec- tion. The training shall include empha- (iii) The employer shall explain to sis on the specific safety and health contract employers the applicable pro- hazards, emergency operations includ- visions of the emergency action plan ing shutdown, and safe work practices required by paragraph (n) of this sec- applicable to the employee’s job tasks. tion. (ii) In lieu of initial training for (iv) The employer shall develop and those employees already involved in implement safe work practices con- operating a process on May 26, 1992, an sistent with paragraph (f)(4) of this sec- employer may certify in writing that tion, to control the entrance, presence the employee has the required knowl- and exit of contract employers and edge, skills, and abilities to safely contract employees in covered process carry out the duties and responsibil- areas. ities as specified in the operating pro- (v) The employer shall periodically cedures. evaluate the performance of contract (2) Refresher training. Refresher train- employers in fulfilling their obliga- ing shall be provided at least every tions as specified in paragraph (h)(3) of three years, and more often if nec- this section. essary, to each employee involved in (vi) The employer shall maintain a operating a process to assure that the contract employee injury and illness employee understands and adheres to log related to the contractor’s work in the current operating procedures of the process areas. process. The employer, in consultation (3) Contract employer responsibilities. with the employees involved in oper- (i) The contract employer shall assure ating the process, shall determine the that each contract employee is trained appropriate frequency of refresher in the work practices necessary to safe- training. ly perform his/her job.

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(ii) The contract employer shall as- (i) Pressure vessels and storage sure that each contract employee is in- tanks; structed in the known potential fire, (ii) Piping systems (including piping explosion, or toxic release hazards re- components such as valves); lated to his/her job and the process, (iii) Relief and vent systems and de- and the applicable provisions of the vices; emergency action plan. (iv) Emergency shutdown systems; (iii) The contract employer shall doc- (v) Controls (including monitoring ument that each contract employee devices and sensors, alarms, and inter- has received and understood the train- locks) and, ing required by this paragraph. The (vi) Pumps. contract employer shall prepare a (2) Written procedures. The employer record which contains the identity of shall establish and implement written the contract employee, the date of procedures to maintain the on-going training, and the means used to verify integrity of process equipment. that the employee understood the (3) Training for process maintenance training. activities. The employer shall train each (iv) The contract employer shall as- employee involved in maintaining the sure that each contract employee fol- on-going integrity of process equip- lows the safety rules of the facility in- ment in an overview of that process cluding the safe work practices re- and its hazards and in the procedures quired by paragraph (f)(4) of this sec- applicable to the employee’s job tasks tion. to assure that the employee can per- (v) The contract employer shall ad- form the job tasks in a safe manner. vise the employer of any unique haz- (4) Inspection and testing. (i) Inspec- ards presented by the contract employ- tions and tests shall be performed on er’s work, or of any hazards found by process equipment. the contract employer’s work. (ii) Inspection and testing procedures shall follow recognized and generally (i) Pre-startup safety review. (1) The accepted good engineering practices. employer shall perform a pre-startup (iii) The frequency of inspections and safety review for new facilities and for tests of process equipment shall be con- modified facilities when the modifica- sistent with applicable manufacturers’ tion is significant enough to require a recommendations and good engineering change in the process safety informa- practices, and more frequently if deter- tion. mined to be necessary by prior oper- (2) The pre-startup safety review ating experience. shall confirm that prior to the intro- (iv) The employer shall document duction of highly hazardous chemicals each inspection and test that has been to a process: performed on process equipment. The (i) Construction and equipment is in documentation shall identify the date accordance with design specifications; of the inspection or test, the name of (ii) Safety, operating, maintenance, the person who performed the inspec- and emergency procedures are in place tion or test, the serial number or other and are adequate; identifier of the equipment on which (iii) For new facilities, a process haz- the inspection or test was performed, a ard analysis has been performed and description of the inspection or test recommendations have been resolved performed, and the results of the in- or implemented before startup; and spection or test. modified facilities meet the require- (5) Equipment deficiencies. The em- ments contained in management of ployer shall correct deficiencies in change, paragraph (l). equipment that are outside acceptable (iv) Training of each employee in- limits (defined by the process safety in- volved in operating a process has been formation in paragraph (d) of this sec- completed. tion) before further use or in a safe and (j) Mechanical integrity—(1) Applica- timely manner when necessary means tion. Paragraphs (j)(2) through (j)(6) of are taken to assure safe operation. this section apply to the following (6) Quality assurance. (i) In the con- process equipment: struction of new plants and equipment,

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the employer shall assure that equip- (5) If a change covered by this para- ment as it is fabricated is suitable for graph results in a change in the oper- the process application for which they ating procedures or practices required will be used. by paragraph (f) of this section, such (ii) Appropriate checks and inspec- procedures or practices shall be up- tions shall be performed to assure that dated accordingly. equipment is installed properly and (m) Incident investigation. (1) The em- consistent with design specifications ployer shall investigate each incident and the manufacturer’s instructions. which resulted in, or could reasonably (iii) The employer shall assure that have resulted in a catastrophic release maintenance materials, spare parts and of highly hazardous chemical in the equipment are suitable for the process workplace. application for which they will be used. (2) An incident investigation shall be (k) Hot work permit. (1) The employer initiated as promptly as possible, but shall issue a hot work permit for hot not later than 48 hours following the work operations conducted on or near a incident. covered process. (3) An incident investigation team (2) The permit shall document that shall be established and consist of at the fire prevention and protection re- least one person knowledgeable in the quirements in 29 CFR 1926.352 have process involved, including a contract been implemented prior to beginning employee if the incident involved work the hot work operations; it shall indi- of the contractor, and other persons cate the date(s) authorized for hot with appropriate knowledge and experi- work; and identify the object on which ence to thoroughly investigate and hot work is to be performed. The per- analyze the incident. mit shall be kept on file until comple- (4) A report shall be prepared at the tion of the hot work operations. conclusion of the investigation which (l) Management of change. (1) The em- includes at a minimum: ployer shall establish and implement (i) Date of incident; written procedures to manage changes (ii) Date investigation began; (except for ‘‘replacements in kind’’) to (iii) A description of the incident; process chemicals, technology, equip- (iv) The factors that contributed to ment, and procedures; and, changes to the incident; and, facilities that affect a covered process. (v) Any recommendations resulting (2) The procedures shall assure that from the investigation. the following considerations are ad- (5) The employer shall establish a dressed prior to any change: system to promptly address and resolve (i) The technical basis for the pro- the incident report findings and rec- posed change; ommendations. Resolutions and correc- (ii) Impact of change on safety and tive actions shall be documented. health; (6) The report shall be reviewed with (iii) Modifications to operating pro- all affected personnel whose job tasks cedures; are relevant to the incident findings in- (iv) Necessary time period for the cluding contract employees where ap- change; and, plicable. (v) Authorization requirements for (7) Incident investigation reports the proposed change. shall be retained for five years. (3) Employees involved in operating a (n) Emergency planning and re- process and maintenance and contract sponse. The employer shall establish employees whose job tasks will be af- and implement an emergency action fected by a change in the process shall plan for the entire plant in accordance be informed of, and trained in, the with the provisions of 29 CFR 1926.35(a). change prior to start-up of the process In addition, the emergency action plan or affected part of the process. shall include procedures for handling (4) If a change covered by this para- small releases. Employers covered graph results in a change in the process under this standard may also be sub- safety information required by para- ject to the hazardous waste and emer- graph (d) of this section, such informa- gency response provisions contained in tion shall be updated accordingly. 29 CFR 1926.65(a), (p) and (q).

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(o) Compliance audits. (1) Employers APPENDIX A TO § 1926.64—LIST OF HIGHLY HAZ- shall certify that they have evaluated ARDOUS CHEMICALS, TOXICS AND REACTIVES compliance with the provisions of this (MANDATORY) section at least every three years to This Appendix contains a listing of toxic verify that the procedures and prac- and reactive highly hazardous chemicals tices developed under the standard are which present a potential for a catastrophic event at or above the threshold quantity. adequate and are being followed. (2) The compliance audit shall be Chemical Name CAS* TQ** conducted by at least one person knowledgeable in the process. Acetaldehyde ...... 75-07-0 2500 (3) A report of the findings of the Acrolein (2-Propenal) ...... 107-02-8 150 audit shall be developed. Acrylyl Chloride ...... 814-68-6 250 Allyl Chloride ...... 107-05-1 1000 (4) The employer shall promptly de- Allylamine ...... 107-11-9 1000 termine and document an appropriate Alkylaluminums ...... Varies 5000 response to each of the findings of the Ammonia, Anhydrous ...... 7664-41-7 10000 compliance audit, and document that Ammonia solutions (greater deficiencies have been corrected. than 44% ammonia by weight) ...... 7664-41-7 15000 (5) Employers shall retain the two (2) Ammonium Perchlorate ...... 7790-98-9 500 most recent compliance audit reports. Ammonium Permanganate ... 7787-36-2 7500 (p) Trade secrets. (1) Employers shall Arsine (also called Arsenic make all information necessary to Hydride) ...... 7784-42-1 100 comply with the section available to Bis(Chloromethyl) Ether ...... 542-88-1 100 Boron Trichloride ...... 10294-34-5 2500 those persons responsible for compiling Boron Trifluoride ...... 7637-07-2 250 the process safety information (re- Bromine ...... 7726-95-6 1500 quired by paragraph (d) of this section), Bromine Chloride ...... 13863-41-7 1500 those assisting in the development of Bromine Pentafluoride ...... 7789-30-2 2500 the process hazard analysis (required Bromine Trifluoride ...... 7787-71-5 15000 3-Bromopropyne (also called by paragraph (e) of this section), those Propargyl Bromide) ...... 106-96-7 100 responsible for developing the oper- Butyl Hydroperoxide (Ter- ating procedures (required by para- tiary) ...... 75-91-2 5000 graph (f) of this section), and those in- Butyl Perbenzoate (Tertiary) 614-45-9 7500 volved in incident investigations (re- Carbonyl Chloride (see Phos- quired by paragraph (m) of this sec- gene) ...... 75-44-5 100 * Carbonyl Fluoride ...... 353-50-4 2500 tion), emergency planning and response Cellulose Nitrate (concentra- (paragraph (n) of this section) and com- tion greater than 12.6% ni- pliance audits (paragraph (o) of this trogen ...... 9004-70-0 2500 section) without regard to possible Chlorine ...... 7782-50-5 1500 trade secret status of such informa- Chlorine Dioxide ...... 10049-04-4 1000 Chlorine Pentrafluoride ...... 13637-63-3 1000 tion. Chlorine Trifluoride ...... 7790-91-2 1000 (2) Nothing in this paragraph shall Chlorodiethylaluminum (also preclude the employer from requiring called Diethylaluminum the persons to whom the information is Chloride) ...... 96-10-6 5000 made available under paragraph (p)(1) 1-Chloro-2,4-Dinitrobenzene 97-00-7 5000 Chloromethyl Methyl Ether .... 107-30-2 500 of this section to enter into confiden- Chloropicrin ...... 76-06-2 500 tiality agreements not to disclose the Chloropicrin and Methyl Bro- information as set forth in 29 CFR mide mixture ...... None 1500 1926.59. Chloropicrin and Methyl Chlo- (3) Subject to the rules and proce- ride mixture ...... None 1500 dures set forth in 29 CFR 1926.59(i) (1) Cumene Hydroperoxide ...... 80-15-9 5000 Cyanogen ...... 460-19-5 2500 through (12), employees and their des- Cyanogen Chloride ...... 506-77-4 500 ignated representatives shall have ac- Cyanuric Fluoride ...... 675-14-9 100 cess to trade secret information con- Diacetyl Peroxide (concentra- tained within the process hazard anal- tion greater than 70%) ...... 110-22-5 5000 ysis and other documents required to Diazomethane ...... 334-88-3 500 be developed by this standard. Dibenzoyl Peroxide ...... 94-36-0 7500 Diborane ...... 19287-45-7 100 Dibutyl Peroxide (Tertiary) .... 110-05-4 5000

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Chemical Name CAS* TQ** Chemical Name CAS* TQ**

Dichloro Acetylene ...... 7572-29-4 250 Nitromethane ...... 75-52-5 2500 Dichlorosilane ...... 4109-96-0 2500 Nitrogen Dioxide ...... 10102-44-0 250 Diethylzinc ...... 557-20-0 10000 Nitrogen Oxides (NO; NO(2); Diisopropyl N2O4; N2O3) ...... 10102-44-0 250 Peroxydicarbonate ...... 105-64-6 7500 Nitrogen Tetroxide (also Dilauroyl Peroxide ...... 105-74-8 7500 called Nitrogen Peroxide) .. 10544-72-6 250 Dimethyldichlorosilane ...... 75-78-5 1000 Nitrogen Trifluoride ...... 7783-54-2 5000 Dimethylhydrazine, 1,1- ...... 57-14-7 1000 Nitrogen Trioxide ...... 10544-73-7 250 Dimethylamine, Anhydrous ... 124-40-3 2500 Oleum (65% to 80% by 2,4-Dinitroaniline ...... 97-02-9 5000 weight; also called Fuming Ethyl Methyl Ketone Peroxide Sulfuric Acid) ...... 8014-94-7 1000 (also Methyl Ethyl Ketone Osmium Tetroxide ...... 20816-12-0 100 Peroxide; concentration Oxygen Difluoride (Fluorine greater than 60%) ...... 1338-23-4 5000 Monoxide) ...... 7783-41-7 100 Ethyl Nitrite ...... 109-95-5 5000 Ozone ...... 10028-15-6 100 Ethylamine ...... 75-04-7 7500 Pentaborane ...... 19624-22-7 100 Ethylene Fluorohydrin ...... 371-62-0 100 Peracetic Acid (concentration Ethylene Oxide ...... 75-21-8 5000 greater 60% Acetic Acid; Ethyleneimine ...... 151-56-4 1000 also called Peroxyacetic Fluorine ...... 7782-41-4 1000 Acid) ...... 79-21-0 1000 Formaldehyde (Formalin) ...... 50-00-0 1000 Perchloric Acid (concentration Furan ...... 110-00-9 500 greater than 60% by Hexafluoroacetone ...... 684-16-2 5000 weight) ...... 7601-90-3 5000 Hydrochloric Acid, Anhydrous 7647-01-0 5000 Perchloromethyl Mercaptan .. 594-42-3 150 Hydrofluoric Acid, Anhydrous 7664-39-3 1000 Perchloryl Fluoride ...... 7616-94-6 5000 Hydrogen Bromide ...... 10035-10-6 5000 Peroxyacetic Acid (concentra- Hydrogen Chloride ...... 7647-01-0 5000 tion greater than 60% Ace- Hydrogen Cyanide, Anhy- tic Acid; also called Per- drous ...... 74-90-8 1000 acetic Acid) ...... 79-21-0 1000 Hydrogen Fluoride ...... 7664-39-3 1000 Phosgene (also called Car- Hydrogen Peroxide (52% by bonyl Chloride) ...... 75-44-5 100 weight or greater) ...... 7722-84-1 7500 Phosphine (Hydrogen Hydrogen Selenide ...... 7783-07-5 150 Phosphide) ...... 7803-51-2 100 Hydrogen Sulfide ...... 7783-06-4 1500 Hydroxylamine ...... 7803-49-8 2500 Phosphorus Oxychloride Iron, Pentacarbonyl ...... 13463-40-6 250 (also called Phosphoryl Isopropylamine ...... 75-31-0 5000 Chloride) ...... 10025-87-3 1000 Ketene ...... 463-51-4 100 Phosphorus Trichloride ...... 7719-12-2 1000 Methacrylaldehyde ...... 78-85-3 1000 Phosphoryl Chloride (also Methacryloyl Chloride ...... 920-46-7 150 called Phosphorus Methacryloyloxyethyl Oxychloride) ...... 10025-87-3 1000 Isocyanate ...... 30674-80-7 100 Propargyl Bromide ...... 106-96-7 100 Methyl Acrylonitrile ...... 126-98-7 250 Propyl Nitrate ...... 627-3-4 2500 Methylamine, Anhydrous ...... 74-89-5 1000 Sarin ...... 107-44-8 100 Methyl Bromide ...... 74-83-9 2500 Selenium Hexafluoride ...... 7783-79-1 1000 Methyl Chloride ...... 74-87-3 15000 Stibine (Antimony Hydride) ... 7803-52-3 500 Methyl Chloroformate ...... 79-22-1 500 Sulfur Dioxide (liquid) ...... 7446-09-5 1000 Methyl Ethyl Ketone Peroxide Sulfur Pentafluoride ...... 5714-22-7 250 (concentration greater than Sulfur Tetrafluoride ...... 7783-60-0 250 60%) ...... 1338-23-4 5000 Sulfur Trioxide (also called Methyl Fluoroacetate ...... 453-18-9 100 Sulfuric Anhydride) ...... 7446-11-9 1000 Methyl Fluorosulfate ...... 421-20-5 100 Sulfuric Anhydride (also Methyl Hydrazine ...... 60-34-4 100 called Sulfur Trioxide) ...... 7446-11-9 1000 Methyl Iodide ...... 74-88-4 7500 Tellurium Hexafluoride ...... 7783-80-4 250 Methyl Isocyanate ...... 624-83-9 250 Tetrafluoroethylene ...... 116-14-3 5000 Methyl Mercaptan ...... 74-93-1 5000 Tetrafluorohydrazine ...... 10036-47-2 5000 Methyl Vinyl Ketone ...... 79-84-4 100 Tetramethyl Lead ...... 75-74-1 1000 Methyltrichlorosilane ...... 75-79-6 500 Thionyl Chloride ...... 7719-09-7 250 Nickel Carbonly (Nickel Trichloro (chloromethyl) Sil- Tetracarbonyl) ...... 13463-39-3 150 ane ...... 1558-25-4 100 Nitric Acid (94.5% by weight Trichloro (dichlorophenyl) Sil- or greater) ...... 7697-37-2 500 ane ...... 27137-85-5 2500 Nitric Oxide ...... 10102-43-9 250 Trichlorosilane ...... 10025-78-2 5000 Nitroaniline (para Nitroaniline 100-01-6 5000 Trifluorochloroethylene ...... 79-38-9 10000

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Chemical Name CAS* TQ** ** Threshold Quantity in Pounds (Amount necessary to be covered by this standard.) Trimethyoxysilane ...... 2487-90-3 1500 * Chemical Abstract Service Number

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APPENDIX B TO § 1926.64—BLOCK FLOW DIAGRAM AND SIMPLIFIED PROCESS FLOW DIAGRAM (NONMANDATORY)

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APPENDIX C TO § 1926.64—COMPLIANCE GUIDE- ment program requires a systematic ap- LINES AND RECOMMENDATIONS FOR PROCESS proach to evaluating the whole process. SAFETY MANAGEMENT (NONMANDATORY) Using this approach the process design, proc- This appendix serves as a nonmandatory ess technology, operational and maintenance guideline to assist employers and employees activities and procedures, nonroutine activi- in complying with the requirements of this ties and procedures, emergency preparedness section, as well as provides other helpful rec- plans and procedures, training programs, and ommendations and information. Examples other elements which impact the process are presented in this appendix are not the only all considered in the evaluation. The various means of achieving the performance goals in lines of defense that have been incorporated the standard. This appendix neither adds nor into the design and operation of the process detracts from the requirements of the stand- to prevent or mitigate the release of haz- ard. ardous chemicals need to be evaluated and 1. Introduction to Process Safety Manage- strengthened to assure their effectiveness at ment. The major objective of process safety each level. Process safety management is the management of highly hazardous chemicals proactive identification, evaluation and is to prevent unwanted releases of hazardous mitigation or prevention of chemical re- chemicals especially into locations which leases that could occur as a result of failures could expose employees and others to serious in process, procedures or equipment. hazards. An effective process safety manage-

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The process safety management standard ready established means and methods to targets highly hazardous chemicals that keep employees and their representatives in- have the potential to cause a catastrophic formed about relevant safety and health incident. This standard as a whole is to aid issues and employers may be able to adapt employers in their efforts to prevent or miti- these practices and procedures to meet their gate episodic chemical releases that could obligations under this standard. Employers lead to a catastrophe in the workplace and who have not implemented an occupational possibly to the surrounding community. To safety and health program may wish to form control these types of hazards, employers a safety and health committee of employees need to develop the necessary expertise, ex- and management representatives to help the periences, judgement and proactive initia- employer meet the obligations specified by tive within their workforce to properly im- this standard. These committees can become plement and maintain an effective process a significant ally in helping the employer to safety management program as envisioned in implement and maintain an effective process the OSHA standard. This OSHA standard is safety management program for all employ- required by the Clean Air Act Amendments ees. as is the Environmental Protection Agency’s 3. Process Safety Information. Complete and Risk Management Plan. Employers, who accurate written information concerning merge the two sets of requirements into process chemicals, process technology, and their process safety management program, process equipment is essential to an effective will better assure full compliance with each process safety management program and to a as well as enhancing their relationship with process hazards analysis. The compiled infor- the local community. mation will be a necessary resource to a va- While OSHA believes process safety man- riety of users including the team that will agement will have a positive effect on the perform the process hazards analysis as re- safety of employees in workplaces and also quired under paragraph (e); those developing offers other potential benefits to employers the training programs and the operating pro- (increased productivity), smaller businesses cedures; contractors whose employees will be which may have limited resources available working with the process; those conducting to them at this time, might consider alter- the pre-startup reviews; local emergency native avenues of decreasing the risks asso- preparedness planners; and insurance and en- ciated with highly hazardous chemicals at forcement officials. their workplaces. One method which might be considered is the reduction in the inven- The information to be compiled about the tory of the highly hazardous chemical. This chemicals, including process intermediates, reduction in inventory will result in a reduc- needs to be comprehensive enough for an ac- tion of the risk or potential for a cata- curate assessment of the fire and explosion strophic incident. Also, employers including characteristics, reactivity hazards, the safe- small employers may be able to establish ty and health hazards to workers, and the more efficient inventory control by reducing corrosion and erosion effects on the process the quantities of highly hazardous chemicals equipment and monitoring tools. Current on site below the established threshold quan- material safety data sheet (MSDS) informa- tities. This reduction can be accomplished tion can be used to help meet this require- by ordering smaller shipments and maintain- ment which must be supplemented with ing the minimum inventory necessary for ef- process chemistry information including ficient and safe operation. When reduced in- runaway reaction and over pressure hazards ventory is not feasible, then the employer if applicable. might consider dispersing inventory to sev- Process technology information will be a eral locations on site. Dispersing storage part of the process safety information pack- into locations where a release in one loca- age and it is expected that it will include tion will not cause a release in another loca- diagrams of the type shown in Appendix B of tion is a practical method to also reduce the this section as well as employer established risk or potential for catastrophic incidents. criteria for maximum inventory levels for 2. Employee Involvement in Process Safety process chemicals; limits beyond which Management. Section 304 of the Clean Air Act would be considered upset conditions; and a Amendments states that employers are to qualitative estimate of the consequences or consult with their employees and their rep- results of deviation that could occur if oper- resentatives regarding the employers efforts ating beyond the established process limits. in the development and implementation of Employers are encouraged to use diagrams the process safety management program ele- which will help users understand the process. ments and hazard assessments. Section 304 A block flow diagram is used to show the also requires employers to train and educate major process equipment and inter- their employees and to inform affected em- connecting process flow lines and show flow ployees of the findings from incident inves- rates, stream composition, temperatures, tigations required by the process safety man- and pressures when necessary for clarity. agement program. Many employers, under The block flow diagram is a simplified dia- their safety and health programs, have al- gram.

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Process flow diagrams are more complex tant elements of the process safety manage- and will show all main flow streams includ- ment program. A PHA is an organized and ing valves to enhance the understanding of systematic effort to identify and analyze the the process, as well as pressures and tem- significance of potential hazards associated peratures on all feed and product lines with- with the processing or handling of highly in all major vessels, in and out of headers hazardous chemicals. A PHA provides infor- and heat exchangers, and points of pressure mation which will assist employers and em- and temperature control. Also, materials of ployees in making decisions for improving construction information, pump capacities safety and reducing the consequences of un- and pressure heads, compressor horsepower and vessel design pressures and temperatures wanted or unplanned releases of hazardous are shown when necessary for clarity. In ad- chemicals. A PHA is directed toward ana- dition, major components of control loops lyzing potential causes and consequences of are usually shown along with key utilities fires, explosions, releases of toxic or flam- on process flow diagrams. mable chemicals and major spills of haz- Piping and instrument diagrams (P&Ids) ardous chemicals. The PHA focuses on equip- may be the more appropriate type of dia- ment, instrumentation, utilities, human ac- grams to show some of the above details and tions (routine and nonroutine), and external to display the information for the piping de- factors that might impact the process. These signer and engineering staff. The P&IDs are considerations assist in determining the haz- to be used to describe the relationships be- ards and potential failure points or failure tween equipment and instrumentation as modes in a process. well as other relevant information that will The selection of a PHA methodology or enhance clarity. Computer software pro- technique will be influenced by many factors grams which do P&Ids or other diagrams including the amount of existing knowledge useful to the information package, may be used to help meet this requirement. about the process. Is it a process that has The information pertaining to process been operated for a long period of time with equipment design must be documented. In little or no innovation and extensive experi- other words, what were the codes and stand- ence has been generated with its use? Or, is ards relied on to establish good engineering it a new process or one which has been practice. These codes and standards are pub- changed frequently by the inclusion of inno- lished by such organizations as the American vative features? Also, the size and com- Society of Mechanical Engineers, American plexity of the process will influence the deci- Petroleum Institute, American National sion as to the appropriate PHA methodology Standards Institute, National Fire Protec- to use. All PHA methodologies are subject to tion Association, American Society for Test- certain limitations. For example, the check- ing and Materials, National Board of Boiler list methodology works well when the proc- and Pressure Vessel Inspectors, National As- ess is very stable and no changes are made, sociation of Corrosion Engineers, American but it is not as effective when the process Society of Exchange Manufacturers Associa- has undergone extensive change. The check- tion, and model building code groups. In addition, various engineering societies list may miss the most recent changes and issue technical reports which impact process consequently the changes would not be eval- design. For example, the American Institute uated. Another limitation to be considered of Chemical Engineers has published tech- concerns the assumptions made by the team nical reports on topics such as two phase or analyst. The PHA is dependent on good flow for venting devices. This type of tech- judgement and the assumptions made during nically recognized report would constitute the study need to be documented and under- good engineering practice. stood by the team and reviewer and kept for For existing equipment designed and con- a future PHA. structed many years ago in accordance with The team conducting the PHA need to un- the codes and standards available at that derstand the methodology that is going to be time and no longer in general use today, the used. A PHA team can vary in size from two employer must document which codes and people to a number of people with varied standards were used and that the design and operational and technical backgrounds. construction along with the testing, inspec- Some team members may only be a part of tion and operation are still suitable for the the team for a limited time. The team leader intended use. Where the process technology needs to be fully knowledgeable in the proper requires a design which departs from the ap- implementation of the PHA methodology plicable codes and standards, the employer that is to be used and should be impartial in must document that the design and con- struction is suitable for the intended pur- the evaluation. The other full or part time pose. team members need to provide the team with 4. Process Hazard Analysis. A process hazard expertise in areas such as process tech- analysis (PHA), sometimes called a process nology, process design, operating procedures hazard evaluation, is one of the most impor-

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and practices, including how the work is ac- less data, P&IDs, and process information is tually performed, alarms, emergency proce- needed to perform a process hazard analysis. dures, instrumentation, maintenance proce- Many small businesses have processes that dures, both routine and nonroutine tasks, in- are not unique, such as cold storage lockers cluding how the tasks are authorized, pro- or water treatment facilities. Where em- curement of parts and supplies, safety and ployer associations have a number of mem- health, and any other relevant subject as the bers with such facilities, a generic PHA, need dictates. At least one team member evolved from a checklist or what-if ques- must be familiar with the process. tions, could be developed and used by each The ideal team will have an intimate employer effectively to reflect his/her par- knowledge of the standards, codes, specifica- ticular process; this would simplify compli- tions and regulations applicable to the proc- ance for them. ess being studied. The selected team mem- When the employer has a number of proc- bers need to be compatible and the team esses which require a PHA, the employer leader needs to be able to manage the team must set up a priority system of which PHAs and the PHA study. The team needs to be to conduct first. A preliminary or gross haz- able to work together while benefiting from ard analysis may be useful in prioritizing the the expertise of others on the team or out- processes that the employer has determined side the team, to resolve issues, and to forge are subject to coverage by the process safety a consensus on the findings of the study and management standard. Consideration should the recommendations. first be given to those processes with the po- The application of a PHA to a process may tential of adversely affecting the largest involve the use of different methodologies number of employees. This prioritizing for various parts of the process. For example, should consider the potential severity of a a process involving a series of unit oper- chemical release, the number of potentially ations of varying sizes, complexities, and affected employees, the operating history of ages may use different methodologies and the process such as the frequency of chem- team members for each operation. Then the ical releases, the age of the process and any conclusions can be integrated into one final other relevant factors. These factors would study and evaluation. A more specific exam- suggest a ranking order and would suggest ple is the use of a checklist PHA for a stand- either using a weighing factor system or a ard boiler or heat exchanger and the use of a systematic ranking method. The use of a Hazard and Operability PHA for the overall preliminary hazard analysis would assist an process. Also, for batch type processes like employer in determining which process custom batch operations, a generic PHA of a should be of the highest priority and thereby representative batch may be used where the employer would obtain the greatest im- there are only small changes of monomer or provement in safety at the facility. other ingredient ratios and the chemistry is Detailed guidance on the content and ap- documented for the full range and ratio of plication of process hazard analysis meth- batch ingredients. Another process that odologies is available from the American In- might consider using a generic type of PHA stitute of Chemical Engineers’ Center for is a gas plant. Often these plants are simply Chemical Process Safety (see Appendix D). moved from site to site and therefore, a ge- 5. Operating Procedures and Practices. Oper- neric PHA may be used for these movable ating procedures describe tasks to be per- plants. Also, when an employer has several formed, data to be recorded, operating condi- similar size gas plants and no sour gas is tions to be maintained, samples to be col- being processed at the site, then a generic lected, and safety and health precautions to PHA is feasible as long as the variations of be taken. The procedures need to be tech- the individual sites are accounted for in the nically accurate, understandable to employ- PHA. Finally, when an employer has a large ees, and revised periodically to ensure that continuous process which has several control they reflect current operations. The process rooms for different portions of the process safety information package is to be used as such as for a distillation tower and a blend- a resource to better assure that the oper- ing operation, the employer may wish to do ating procedures and practices are consistent each segment separately and then integrate with the known hazards of the chemicals in the final results. the process and that the operating param- Additionally, small businesses which are eters are accurate. Operating procedures covered by this rule, will often have proc- should be reviewed by engineering staff and esses that have less storage volume, less ca- operating personnel to ensure that they are pacity, and less complicated than processes accurate and provide practical instructions at a large facility. Therefore, OSHA would on how to actually carry out job duties safe- anticipate that the less complex methodolo- ly. gies would be used to meet the process haz- Operating procedures will include specific ard analysis criteria in the standard. These instructions or details on what steps are to process hazard analyses can be done in less be taken or followed in carrying out the time and with a few people being involved. A stated procedures. These operating instruc- less complex process generally means that tions for each procedure should include the

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applicable safety precautions and should within the process area, such as nonroutine contain appropriate information on safety tasks, also must be maintained. The hazards implications. For example, the operating of the tasks are to be conveyed to operating procedures addressing operating parameters personnel in accordance with established will contain operating instructions about procedures and to those performing the ac- pressure limits, temperature ranges, flow tual tasks. When the work is completed, op- rates, what to do when an upset condition erating personnel should be informed to pro- occurs, what alarms and instruments are vide closure on the job. pertinent if an upset condition occurs, and 6. Employee Training. All employees, includ- other subjects. Another example of using op- ing maintenance and contractor employees, erating instructions to properly implement involved with highly hazardous chemicals operating procedures is in starting up or need to fully understand the safety and shutting down the process. In these cases, health hazards of the chemicals and proc- different parameters will be required from esses they work with for the protection of those of normal operation. These operating themselves, their fellow employees and the instructions need to clearly indicate the dis- citizens of nearby communities. Training tinctions between startup and normal oper- conducted in compliance with 1926.59, the ations such as the appropriate allowances for Hazard Communication standard, will help heating up a unit to reach the normal oper- employees to be more knowledgeable about ating parameters. Also the operating in- the chemicals they work with as well as fa- structions need to describe the proper meth- miliarize them with reading and under- od for increasing the temperature of the unit standing MSDS. However, additional train- until the normal operating temperature pa- ing in subjects such as operating procedures rameters are achieved. and safety work practices, emergency evacu- Computerized process control systems add ation and response, safety procedures, rou- complexity to operating instructions. These tine and nonroutine work authorization ac- operating instructions need to describe the tivities, and other areas pertinent to process logic of the software as well as the relation- safety and health will need to be covered by ship between the equipment and the control an employer’s training program. system; otherwise, it may not be apparent to In establishing their training programs, the operator. employers must clearly define the employees Operating procedures and instructions are to be trained and what subjects are to be important for training operating personnel. covered in their training. Employers in set- The operating procedures are often viewed as ting up their training program will need to the standard operating practices (SOPs) for clearly establish the goals and objectives operations. Control room personnel and oper- they wish to achieve with the training that ating staff, in general, need to have a full un- they provide to their employees. The learn- derstanding of operating procedures. If work- ing goals or objectives should be written in ers are not fluent in English then procedures clear measurable terms before the training and instructions need to be prepared in a sec- begins. These goals and objectives need to be ond language understood by the workers. In tailored to each of the specific training mod- addition, operating procedures need to be ules or segments. Employers should describe changed when there is a change in the proc- the important actions and conditions under ess as a result of the management of change which the employee will demonstrate com- procedures. The consequences of operating petence or knowledge as well as what is ac- procedure changes need to be fully evaluated ceptable performance. and the information conveyed to the per- Hands-on-training where employees are sonnel. For example, mechanical changes to able to use their senses beyond listening, the process made by the maintenance depart- will enhance learning. For example, oper- ment (like changing a valve from steel to ating personnel, who will work in a control brass or other subtle changes) need to be room or at control panels, would benefit by evaluated to determine if operating proce- being trained at a simulated control panel or dures and practices also need to be changed. panels. Upset conditions of various types All management of change actions must be could be displayed on the simulator, and coordinated and integrated with current op- then the employee could go through the erating procedures and operating personnel proper operating procedures to bring the must be oriented to the changes in proce- simulator panel back to the normal oper- dures before the change is made. When the ating parameters. A training environment process is shutdown in order to make a could be created to help the trainee feel the change, then the operating procedures must full reality of the situation but, of course, be updated before startup of the process. under controlled conditions. This realistic Training in how to handle upset conditions type of training can be very effective in must be accomplished as well as what oper- teaching employees correct procedures while ating personnel are to do in emergencies allowing them to also see the consequences such as when a pump seal fails or a pipeline of what might happens if they do not follow ruptures. Communication between operating established operating procedures. Other personnel and workers performing work training techniques using videos or on-the-

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job training can also be very effective for knowledge of work activities involving con- teaching other job tasks, duties, or other im- tract employees working on or adjacent to portant information. An effective training covered processes. Injury and illness logs of program will allow the employee to fully both the employer’s employees and contract participate in the training process and to employees allow an employer to have full practice their skill or knowledge. knowledge of process injury and illness expe- Employers need to periodically evaluate rience. This log will also contain informa- their training programs to see if the nec- tion which will be of use to those auditing essary skills, knowledge, and routines are process safety management compliance and being properly understood and implemented those involved in incident investigations. by their trained employees. The means or Contract employees must perform their methods for evaluating the training should work safely. Considering that contractors be developed along with the training pro- often perform very specialized and poten- gram goals and objectives. Training program tially hazardous tasks such as confined space evaluation will help employers to determine entry activities and nonroutine repair activi- the amount of training their employees un- ties it is quite important that their activi- derstood, and whether the desired results ties be controlled while they are working on were obtained. If, after the evaluation, it ap- or near a covered process. A permit system pears that the trained employees are not at or work authorization system for these ac- the level of knowledge and skill that was ex- tivities would also be helpful to all affected pected, the employer will need to revise the employers. The use of a work authorization training program, provide retraining, or pro- system keeps an employer informed of con- vide more frequent refresher training ses- tract employee activities, and as a benefit sions until the deficiency is resolved. Those the employer will have better coordination who conducted the training and those who and more management control over the work received the training should also be con- being performed in the process area. A well sulted as to how best to improve the training run and well maintained process where em- process. If there is a language barrier, the ployee safety is fully recognized will benefit language known to the trainees should be all of those who work in the facility whether used to reinforce the training messages and they be contract employees or employees of information. the owner. Careful consideration must be given to as- 8. Pre-Startup Safety. For new processes, sure that employees including maintenance the employer will find a PHA helpful in im- and contract employees receive current and proving the design and construction of the updated training. For example, if changes process from a reliability and quality point are made to a process, impacted employees of view. The safe operation of the new proc- must be trained in the changes and under- ess will be enhanced by making use of the stand the effects of the changes on their job PHA recommendations before final installa- tasks (e.g., any new operating procedures tions are completed. P&IDs are to be com- pertinent to their tasks). Additionally, as al- pleted along with having the operating pro- ready discussed the evaluation of the em- cedures in place and the operating staff ployee’s absorption of training will certainly trained to run the process before startup. influence the need for training. The initial startup procedures and normal 7. Contractors. Employers who use contrac- operating procedures need to be fully evalu- tors to perform work in and around processes ated as part of the pre-startup review to as- that involve highly hazardous chemicals, sure a safe transfer into the normal oper- will need to establish a screening process so ating mode for meeting the process param- that they hire and use contractors who ac- eters. complish the desired job tasks without com- For existing processes that have been shut- promising the safety and health of employ- down for turnaround, or modification, etc., ees at a facility. For contractors, whose safe- the employer must assure that any changes ty performance on the job is not known to other than ‘‘replacement in kind’’ made to the hiring employer, the employer will need the process during shutdown go through the to obtain information on injury and illness management of change procedures. P&IDs rates and experience and should obtain con- will need to be updated as necessary, as well tractor references. Additionally, the em- as operating procedures and instructions. If ployer must assure that the contractor has the changes made to the process during shut- the appropriate job skills, knowledge and down are significant and impact the training certifications (such as for pressure vessel program, then operating personnel as well as welders). Contractor work methods and expe- employees engaged in routine and nonrou- riences should be evaluated. For example, tine work in the process area may need some does the contractor conducting demolition refresher or additional training in light of work swing loads over operating processes or the changes. Any incident investigation rec- does the contractor avoid such hazards? ommendations, compliance audits or PHA Maintaining a site injury and illness log recommendations need to be reviewed as for contractors is another method employers well to see what impacts they may have on must use to track and maintain current the process before beginning the startup.

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9. Mechanical Integrity. Employers will need ety for Testing and Material, American Pe- to review their maintenance programs and troleum Institute, National Fire Protection schedules to see if there are areas where Association, American National Standards ‘‘breakdown’’ maintenance is used rather Institute, American Society of Mechanical than an on-going mechanical integrity pro- Engineers, and other groups, provide infor- gram. Equipment used to process, store, or mation to help establish an effective testing handle highly hazardous chemicals needs to and inspection frequency, as well as appro- be designed, constructed, installed and main- priate methodologies. tained to minimize the risk of releases of The applicable codes and standards provide such chemicals. This requires that a mechan- criteria for external inspections for such ical integrity program be in place to assure items as foundation and supports, anchor the continued integrity of process equip- bolts, concrete or steel supports, guy wires, ment. Elements of a mechanical integrity nozzles and sprinklers, pipe hangers, ground- program include the identification and cat- ing connections, protective coatings and in- egorization of equipment and instrumenta- sulation, and external metal surfaces of pip- tion, inspections and tests, testing and in- ing and vessels, etc. These codes and stand- spection frequencies, development of mainte- ards also provide information on methodolo- nance procedures, training of maintenance gies for internal inspection, and a frequency personnel, the establishment of criteria for formula based on the corrosion rate of the acceptable test results, documentation of materials of construction. Also, erosion both test and inspection results, and documenta- internal and external needs to be considered tion of manufacturer recommendations as to along with corrosion effects for piping and meantime to failure for equipment and in- valves. Where the corrosion rate is not strumentation. known, a maximum inspection frequency is The first line of defense an employer has recommended, and methods of developing available is to operate and maintain the the corrosion rate are available in the codes. process as designed, and to keep the chemi- Internal inspections need to cover items cals contained. This line of defense is backed such as vessel shell, bottom and head; metal- up by the next line of defense which is the lic linings; nonmetallic linings; thickness controlled release of chemicals through measurements for vessels and piping; inspec- venting to scrubbers or flares, or to surge or tion for erosion, corrosion, cracking and overflow tanks which are designed to receive bulges; internal equipment like trays, baf- such chemicals, etc. These lines of defense fles, sensors and screens for erosion, corro- are the primary lines of defense or means to sion or cracking and other deficiencies. prevent unwanted releases. The secondary Some of these inspections may be performed lines of defense would include fixed fire pro- by state or local government inspectors tection systems like sprinklers, water spray, under state and local statutes. However, or deluge systems, monitor guns, etc., dikes, each employer needs to develop procedures designed drainage systems, and other sys- to ensure that tests and inspections are con- tems which would control or mitigate haz- ducted properly and that consistency is ardous chemicals once an unwanted release maintained even where different employees occurs. These primary and secondary lines of may be involved. Appropriate training is to defense are what the mechanical integrity be provided to maintenance personnel to en- program needs to protect and strengthen sure that they understand the preventive these primary and secondary lines of de- maintenance program procedures, safe prac- fenses where appropriate. tices, and the proper use and application of The first step of an effective mechanical special equipment or unique tools that may integrity program is to compile and cat- be required. This training is part of the over- egorize a list of process equipment and in- all training program called for in the stand- strumentation for inclusion in the program. ard. This list would include pressure vessels, stor- A quality assurance system is needed to age tanks, process piping, relief and vent help ensure that the proper materials of con- systems, fire protection system components, struction are used, that fabrication and in- emergency shutdown systems and alarms spection procedures are proper, and that in- and interlocks and pumps. For the cat- stallation procedures recognize field instal- egorization of instrumentation and the listed lation concerns. The quality assurance pro- equipment the employer would prioritize gram is an essential part of the mechanical which pieces of equipment require closer integrity program and will help to maintain scrutiny than others. Meantime to failure of the primary and secondary lines of defense various instrumentation and equipment that have been designed into the process to parts would be known from the manufactur- prevent unwanted chemical releases or those ers data or the employer’s experience with which control or mitigate a release. ‘‘As the parts, which would then influence the in- built’’ drawings, together with certifications spection and testing frequency and associ- of coded vessels and other equipment, and ated procedures. Also, applicable codes and materials of construction need to be verified standards such as the National Board Inspec- and retained in the quality assurance docu- tion Code, or those from the American Soci- mentation. Equipment installation jobs need

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to be properly inspected in the field for use changes in production rates, raw materials, of proper materials and procedures and to as- experimentation, equipment unavailability, sure that qualified craftsmen are used to do new equipment, new product development, the job. The use of appropriate gaskets, change in catalyst and changes in operating packing, bolts, valves, lubricants and weld- conditions to improve yield or quality. ing rods need to be verified in the field. Also, Equipment changes include among others procedures for installation of safety devices change in materials of construction, equip- need to be verified, such as the torque on the ment specifications, piping pre-arrange- bolts on ruptured disc installations, uniform ments, experimental equipment, computer torque on flange bolts, proper installation of program revisions and changes in alarms and pump seals, etc. If the quality of parts is a interlocks. Employers need to establish problem, it may be appropriate to conduct means and methods to detect both technical audits of the equipment supplier’s facilities changes and mechanical changes. to better assure proper purchases of required equipment which is suitable for its intended Temporary changes have caused a number service. Any changes in equipment that may of catastrophes over the years, and employ- become necessary will need to go through ers need to establish ways to detect tem- the management of change procedures. porary changes as well as those that are per- 10. Nonroutine Work Authorizations. Nonrou- manent. It is important that a time limit for tine work which is conducted in process temporary changes be established and mon- areas needs to be controlled by the employer itored since, without control, these changes in a consistent manner. The hazards identi- may tend to become permanent. Temporary fied involving the work that is to be accom- changes are subject to the management of plished must be communicated to those change provisions. In addition, the manage- doing the work, but also to those operating ment of change procedures are used to insure personnel whose work could affect the safety that the equipment and procedures are re- of the process. A work authorization notice turned to their original or designed condi- or permit must have a procedure that de- tions at the end of the temporary change. scribes the steps the maintenance super- Proper documentation and review of these visor, contractor representative or other per- changes is invaluable in assuring that the son needs to follow to obtain the necessary safety and health considerations are being clearance to get the job started. The work incorporated into the operating procedures authorization procedures need to reference and the process. and coordinate, as applicable, lockout/tagout Employers may wish to develop a form or procedures, line breaking procedures, con- clearance sheet to facilitate the processing fined space entry procedures and hot work of changes through the management of authorizations. This procedure also needs to change procedures. A typical change form provide clear steps to follow once the job is may include a description and the purpose of completed in order to provide closure for the change, the technical basis for the those that need to know the job is now com- change, safety and health considerations, pleted and equipment can be returned to nor- mal. documentation of changes for the operating 11. Managing Change. To properly manage procedures, maintenance procedures, inspec- changes to process chemicals, technology, tion and testing, P&IDs, electrical classifica- equipment and facilities, one must define tion, training and communications, pre- what is meant by change. In this process startup inspection, duration if a temporary safety management standard, change in- change, approvals and authorization. Where cludes all modifications to equipment, proce- the impact of the change is minor and well dures, raw materials and processing condi- understood, a check list reviewed by an au- tions other than ‘‘replacement in kind.’’ thorized person with proper communication These changes need to be properly managed to others who are affected may be sufficient. by identifying and reviewing them prior to However, for a more complex or significant implementation of the change. For example, design change, a hazard evaluation procedure the operating procedures contain the oper- with approvals by operations, maintenance, ating parameters (pressure limits, tempera- and safety departments may be appropriate. ture ranges, flow rates, etc.) and the impor- Changes in documents such as P&IDs, raw tance of operating within these limits. While materials, operating procedures, mechanical the operator must have the flexibility to integrity programs, electrical classifica- maintain safe operation within the estab- tions, etc., need to be noted so that these re- lished parameters, any operation outside of visions can be made permanent when the these parameters requires review and ap- drawings and procedure manuals are up- proval by a written management of change dated. Copies of process changes need to be procedure. kept in an accessible location to ensure that Management of change covers such as design changes are available to operating changes in process technology and changes personnel as well as to PHA team members to equipment and instrumentation. Changes when a PHA is being done or one is being up- in process technology can result from dated.

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12. Investigation of Incidents. Incident inves- ferent emergency preparedness or tertiary tigation is the process of identifying the un- lines of defense they plan to have and then derlying causes of incidents and imple- develop the necessary plans and procedures, menting steps to prevent similar events from and appropriately train employees in their occurring. The intent of an incident inves- emergency duties and responsibilities and tigation is for employers to learn from past then implement these lines of defense. experiences and thus avoid repeating past Employers at a minimum must have an mistakes. The incidents for which OSHA ex- emergency action plan which will facilitate pects employers to become aware and to in- the prompt evacuation of employees when an vestigate are the types of events which re- unwanted release of highly hazardous chem- sult in or could reasonably have resulted in ical. This means that the employer will have a catastrophic release. Some of the events a plan that will be activated by an alarm are sometimes referred to as ‘‘near misses,’’ system to alert employees when to evacuate meaning that a serious consequence did not and, that employees who are physically im- occur, but could have. paired, will have the necessary support and Employers need to develop in-house capa- assistance to get them to the safe zone as bility to investigate incidents that occur in well. The intent of these requirements is to their facilities. A team needs to be assem- alert and move employees to a safe zone bled by the employer and trained in the tech- quickly. Delaying alarms or confusing niques of investigation including how to con- alarms are to be avoided. The use of process duct interviews of witnesses, needed docu- control centers or similar process buildings mentation and report writing. A multi-dis- in the process area as safe areas is discour- ciplinary team is better able to gather the aged. Recent catastrophes have shown that a facts of the event and to analyze them and large life loss has occurred in these struc- develop plausible scenarios as to what hap- tures because of where they have been sited pened, and why. Team members should be se- and because they are not necessarily de- lected on the basis of their training, knowl- signed to withstand over-pressures from edge and ability to contribute to a team ef- shockwaves resulting from explosions in the fort to fully investigate the incident. Em- process area. ployees in the process area where the inci- Unwanted incidental releases of highly dent occurred should be consulted, inter- hazardous chemicals in the process area viewed or made a member of the team. Their must be addressed by the employer as to knowledge of the events form a significant what actions employees are to take. If the set of facts about the incident which oc- employer wants employees to evacuate the curred. The report, its findings and rec- area, then the emergency action plan will be ommendations are to be shared with those activated. For outdoor processes where wind who can benefit from the information. The direction is important for selecting the safe cooperation of employees is essential to an route to a refuge area, the employer should effective incident investigation. The focus of place a wind direction indicator such as a the investigation should be to obtain facts, wind sock or pennant at the highest point and not to place blame. The team and the in- that can be seen throughout the process vestigation process should clearly deal with area. Employees can move in the direction of all involved individuals in a fair, open and cross wind to upwind to gain safe access to consistent manner. the refuge area by knowing the wind direc- 13. Emergency Preparedness. Each employer tion. must address what actions employees are to If the employer wants specific employees take when there is an unwanted release of in the release area to control or stop the highly hazardous chemicals. Emergency pre- minor emergency or incidental release, these paredness or the employer’s tertiary (third) actions must be planned for in advance and lines of defense are those that will be relied procedures developed and implemented. on along with the secondary lines of defense Preplanning for handling incidental releases when the primary lines of defense which are for minor emergencies in the process area used to prevent an unwanted release fail to needs to be done, appropriate equipment for stop the release. Employers will need to de- the hazards must be provided, and training cide if they want employees to handle and conducted for those employees who will per- stop small or minor incidental releases. form the emergency work before they re- Whether they wish to mobilize the available spond to handle an actual release. The em- resources at the plant and have them ployer’s training program, including the brought to bear on a more significant re- Hazard Communication standard training is lease. Or whether employers want their em- to address the training needs for employees ployees to evacuate the danger area and who are expected to handle incidental or promptly escape to a preplanned safe zone minor releases. area, and allow the local community emer- Preplanning for releases that are more se- gency response organizations to handle the rious than incidental releases is another im- release. Or whether the employer wants to portant line of defense to be used by the em- use some combination of these actions. Em- ployer. When a serious release of a highly ployers will need to select how many dif- hazardous chemical occurs, the employer

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through preplanning will have determined in tion of emergency response equipment, mu- advance what actions employees are to take. tual aid information, and access to meteoro- The evacuation of the immediate release logical or weather condition data and any area and other areas as necessary would be dispersion modeling data. accomplished under the emergency action 14. Compliance Audits. Employers need to plan. If the employer wishes to use plant per- select a trained individual or assemble a sonnel such as a fire brigade, spill control trained team of people to audit the process team, a hazardous materials team, or use safety management system and program. A employees to render aid to those in the im- small process or plant may need only one mediate release area and control or mitigate knowledgeable person to conduct an audit. the incident, these actions are covered by The audit is to include an evaluation of the 1926.65, the Hazardous Waste Operations and design and effectiveness of the process safety Emergency Response (HAZWOPER) stand- management system and a field inspection of ard. If outside assistance is necessary, such the safety and health conditions and prac- as through mutual aid agreements between tices to verify that the employer’s systems employers or local government emergency are effectively implemented. The audit response organizations, these emergency re- should be conducted or lead by a person sponders are also covered by HAZWOPER. knowledgeable in audit techniques and who The safety and health protections required is impartial towards the facility or area for emergency responders are the responsi- being audited. The essential elements of an bility of their employers and of the on-scene audit program include planning, staffing, incident commander. conducting the audit, evaluation and correc- Responders may be working under very tive action, follow-up and documentation. hazardous conditions and therefore the ob- Planning in advance is essential to the suc- jective is to have them competently led by cess of the auditing process. Each employer an on-scene incident commander and the needs to establish the format, staffing, commander’s staff, properly equipped to do scheduling and verification methods prior to their assigned work safely, and fully trained conducting the audit. The format should be to carry out their duties safely before they designed to provide the lead auditor with a respond to an emergency. Drills, training ex- procedure or checklist which details the re- ercises, or simulations with the local com- quirements of each section of the standard. munity emergency response planners and re- The names of the audit team members sponder organizations is one means to obtain should be listed as part of the format as well. better preparedness. This close cooperation The checklist, if properly designed, could and coordination between plant and local serve as the verification sheet which pro- community emergency preparedness man- vides the auditor with the necessary infor- agers will also aid the employer in com- mation to expedite the review and assure plying with the Environmental Protection that no requirements of the standard are Agency’s Risk Management Plan criteria. omitted. This verification sheet format One effective way for medium to large fa- could also identify those elements that will cilities to enhance coordination and commu- require evaluation or a response to correct nication during emergencies for on plant op- deficiencies. This sheet could also be used for erations and with local community organiza- developing the follow-up and documentation tions is for employers to establish and equip requirements. an emergency control center. The emergency The selection of effective audit team mem- control center would be sited in a safe zone bers is critical to the success of the program. area so that it could be occupied throughout Team members should be chosen for their ex- the duration of an emergency. The center perience, knowledge, and training and should would serve as the major communication be familiar with the processes and with au- link between the on-scene incident com- diting techniques, practices and procedures. mander and plant or corporate management The size of the team will vary depending on as well as with the local community offi- the size and complexity of the process under cials. The communication equipment in the consideration. For a large, complex, highly emergency control center should include a instrumented plant, it may be desirable to network to receive and transmit information have team members with expertise in proc- by telephone, radio or other means. It is im- ess engineering and design, process chem- portant to have a backup communication istry, instrumentation and computer con- network in case of power failure or one com- trols, electrical hazards and classifications, munication means fails. The center should safety and health disciplines, maintenance, also be equipped with the plant layout and emergency preparedness, warehousing or community maps, utility drawings including shipping, and process safety auditing. The fire water, emergency lighting, appropriate team may use part-time members to provide reference materials such as a government for the depth of expertise required as well as agency notification list, company personnel for what is actually done or followed, com- phone list, SARA Title III reports and mate- pared to what is written. rial safety data sheets, emergency plans and An effective audit includes a review of the procedures manual, a listing with the loca- relevant documentation and process safety

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information, inspection of the physical fa- cluding an explanation where no action is cilities, and interviews with all levels of taken on a finding, needs to be documented plant personnel. Utilizing the audit proce- as to what was done and why. dure and checklist developed in the It is important to assure that each defi- preplanning stage, the audit team can sys- ciency identified is addressed, the corrective tematically analyze compliance with the action to be taken noted, and the audit per- provisions of the standard and any other cor- son or team responsible be properly docu- porate policies that are relevant. For exam- mented by the employer. To control the cor- ple, the audit team will review all aspects of rective action process, the employer should the training program as part of the overall consider the use of a tracking system. This audit. The team will review the written tracking system might include periodic sta- training program for adequacy of content, tus reports shared with affected levels of frequency of training, effectiveness of train- management, specific reports such as com- ing in terms of its goals and objectives as pletion of an engineering study, and a final well as to how it fits into meeting the stand- implementation report to provide closure for ard’s requirements, documentation, etc. audit findings that have been through man- Through interviews, the team can determine agement of change, if appropriate, and then the employee’s knowledge and awareness of shared with affected employees and manage- the safety procedures, duties, rules, emer- ment. This type of tracking system provides gency response assignments, etc. During the the employer with the status of the correc- inspection, the team can observe actual tive action. It also provides the documenta- practices such as safety and health policies, tion required to verify that appropriate cor- procedures, and work authorization prac- rective actions were taken on deficiencies tices. This approach enables the team to identified in the audit. identify deficiencies and determine where corrective actions or improvements are nec- APPENDIX D TO § 1926.64—SOURCES OF essary. FURTHER INFORMATION (NONMANDATORY) An audit is a technique used to gather suf- ficient facts and information, including sta- 1. Center for Chemical Process Safety, tistical information, to verify compliance American Institute of Chemical Engineers, with standards. Auditors should select as 345 East 47th Street, New York, NY 10017, part of their preplanning a sample size suffi- (212) 705-7319. cient to give a degree of confidence that the 2. ‘‘Guidelines for Hazard Evaluation Pro- audit reflects the level of compliance with cedures,’’ American Institute of Chemical the standard. The audit team, through this Engineers; 345 East 47th Street, New York, systematic analysis, should document areas NY 10017. which require corrective action as well as 3. ‘‘Guidelines for Technical Management those areas where the process safety man- of Chemical Process Safety,’’ Center for agement system is effective and working in Chemical Process Safety of the American In- an effective manner. This provides a record stitute of Chemical Engineers; 345 East 47th of the audit procedures and findings, and Street, New York, NY 10017. serves as a baseline of operation data for fu- 4. ‘‘Evaluating Process Safety in the Chem- ture audits. It will assist future auditors in ical Industry,’’ Chemical Manufacturers As- determining changes or trends from previous sociation; 2501 M Street NW, Washington, DC audits. 20037. Corrective action is one of the most impor- 5. ‘‘Safe Warehousing of Chemicals,’’ tant parts of the audit. It includes not only Chemical Manufacturers Association; 2501 M addressing the identified deficiencies, but Street NW, Washington, DC 20037. also planning, followup, and documentation. 6. ‘‘Management of Process Hazards,’’ The corrective action process normally be- American Petroleum Institute (API Rec- gins with a management review of the audit ommended Practice 750); 1220 L Street, N.W., findings. The purpose of this review is to de- Washington, DC 20005. termine what actions are appropriate, and to 7. ‘‘Improving Owner and Contractor Safe- establish priorities, timetables, resource al- ty Performance,’’ American Petroleum Insti- locations and requirements and responsibil- tute (API Recommended Practice 2220); API, ities. In some cases, corrective action may 1220 L Street N.W., Washington, DC 20005. involve a simple change in procedure or 8. Chemical Manufacturers Association minor maintenance effort to remedy the con- (CMA’s Manager Guide), First Edition, Sep- cern. Management of change procedures need tember 1991; CMA, 2501 M Street, N.W., to be used, as appropriate, even for what Washington, DC 20037. may seem to be a minor change. Many of the 9. ‘‘Improving Construction Safety Per- deficiencies can be acted on promptly, while formance,’’ Report A- 3, The Business Round- some may require engineering studies or in- table; The Business Roundtable, 200 Park Av- depth review of actual procedures and prac- enue, New York, NY 10166. (Report includes tices. There may be instances where no ac- criteria to evaluate contractor safety per- tion is necessary and this is a valid response formance and criteria to enhance contractor to an audit finding. All actions taken, in- safety performance).

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10. ‘‘Recommended Guidelines for Con- (ii) Corrective actions involving tractor Safety and Health,’’ Texas Chemical clean-up operations at sites covered by Council; Texas Chemical Council, 1402 the Resource Conservation and Recov- Nueces Street, Austin, TX 78701-1534. ery Act of 1976 (RCRA) as amended (42 11. ‘‘Loss Prevention in the Process Indus- tries,’’ Volumes I and II; Frank P. Lees, U.S.C. 6901 et seq.); Butterworth; London 1983. (iii) Voluntary clean-up operations at 12. ‘‘Safety and Health Program Manage- sites recognized by Federal, state, local ment Guidelines,’’ 1989; U.S. Department of or other governmental bodies as uncon- Labor, Occupational Safety and Health Ad- trolled hazardous waste sites; ministration. (iv) Operations involving hazardous 13. ‘‘Safety and Health Guide for the Chem- ical Industry,’’ 1986, (OSHA 3091); U.S. De- wastes that are conducted at treat- partment of Labor, Occupational Safety and ment, storage, and disposal (TSD) fa- Health Administration; 200 Constitution Av- cilities regulated by 40 CFR parts 264 enue, N.W., Washington, DC 20210. and 265 pursuant to RCRA; or by agen- 14. ‘‘Review of Emergency Systems,’’ June cies under agreement with U.S.E.P.A. 1988; U.S. Environmental Protection Agency to implement RCRA regulations; and (EPA), Office of Solid Waste and Emergency (v) Emergency response operations Response, Washington, DC 20460. for releases of, or substantial threats of 15. ‘‘Technical Guidance for Hazards Anal- ysis, Emergency Planning for Extremely releases of, hazardous substances with- Hazardous Substances,’’ December 1987; U.S. out regard to the location of the haz- Environmental Protection Agency (EPA), ard. Federal Emergency Management Adminis- (2) Application. (i) All requirements of tration (FEMA) and U.S. Department of part 1910 and part 1926 of title 29 of the Transportation (DOT), Washington, DC 20460. Code of Federal Regulations apply pur- 16. ‘‘Accident Investigation...A New Ap- suant to their terms to hazardous proach,’’ 1983, National Safety Council; 444 North Michigan Avenue, Chicago, IL 60611- waste and emergency response oper- 3991. ations whether covered by this section 17. ‘‘Fire & Explosion Index Hazard Classi- or not. If there is a conflict or overlap, fication Guide,’’ 6th Edition, May 1987, Dow the provision more protective of em- Chemical Company; Midland, Michigan 48674. ployee safety and health shall apply 18. ‘‘Chemical Exposure Index,’’ May 1988, without regard to 29 CFR 1926.20(e)(1). Dow Chemical Company; Midland, Michigan (ii) Hazardous substance clean-up op- 48674. erations within the scope of paragraphs [58 FR 35115, June 30, 1993] (a)(1)(i) through (a)(1)(iii) of this sec- tion must comply with all paragraphs § 1926.65 Hazardous waste operations of this section except paragraphs (p) and emergency response. and (q). (a) Scope, application, and definitions— (iii) Operations within the scope of (1) Scope. This section covers the fol- paragraph (a)(1)(iv) of this section lowing operations, unless the employer must comply only with the require- can demonstrate that the operation ments of paragraph (p) of this section. does not involve employee exposure or the reasonable possibility for employee NOTES AND EXCEPTIONS: (A) All provisions exposure to safety or health hazards: of paragraph (p) of this section cover any treatment, storage or disposal (TSD) oper- (i) Clean-up operations required by a ation regulated by 40 CFR parts 264 and 265 governmental body, whether Federal, or by state law authorized under RCRA, and state, local or other involving haz- required to have a permit or interim status ardous substances that are conducted from EPA pursuant to 40 CFR 270.1 or from at uncontrolled hazardous waste sites a state agency pursuant to RCRA. (including, but not limited to, the (B) Employers who are not required to EPA’s National Priority Site List have a permit or interim status because they (NPL), state priority site lists, sites are conditionally exempt small quantity recommended for the EPA NPL, and generators under 40 CFR 261.5 or are genera- tors who qualify under 40 CFR 262.34 for ex- initial investigations of government emptions from regulation under 40 CFR parts identified sites which are conducted be- 264, 265 and 270 (‘‘excepted employers’’) are fore the presence or absence of haz- not covered by paragraphs (p)(1) through ardous substances has been (p)(7) of this section. Excepted employers ascertained); who are required by the EPA or state agency

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