The California Occupational Safety and Health Administration (Cal/OSHA) recently made good on its efforts to establish strict process safety measures at oil refineries in the wake of a refinery explosion in Richmond.
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With the Trump administration pulling back on process safety management (PSM) and Risk Management Program (RMP) regulatory plans, regulators in other states may look to California’s new regulations to develop similar regulations in their states. Let’s take a look at what may stand as a new model for PSM.
In the wake of a refinery explosion in Richmond, California in 2012, Cal/OSHA had proposed strict process safety measures at oil refineries. The final regulation was recently approved by the Cal/OSHA Standards Board. According to Cal/OSHA, the new regulation, Process Safety Management for Petroleum Refineries, provides a framework for anticipating, preventing, and responding to hazards at refineries. We’ll look at some key elements of the regulation.
Damage Mechanism Reviews (DMRs)
New requirements for DMRs include that a DMR be completed for each existing and new process for which a damage mechanism (i.e., process that results in equipment or material degradation) exists.
Hierarchy of Hazard Control Analysis
Employers will be required to perform a Hierarchy of Hazard Controls Analysis (HCA) for all process hazard analyses (PHA) recommended actions. All initial PHAs would have to be completed within 3 years. New requirements for HCAs include:
- An initial HCA as a standalone analysis would have to be done for 50% of existing processes within 3 years and the remaining processes within 5 years of the effective date of the new regulation.
- An HCA will also be required in the analysis and implementation of corrective actions from PHAs and when certain changes are proposed as part of a Management of Change review.
Management of Change
Employers will be required to develop, implement, and maintain written procedures for the Management of Organizational Change to ensure that plant safety remains consistent during personnel changes.
Employee Participation
One of the most significant changes to the PSM procedures in the new refinery PSM is the emphasis on employee participation. Effective employer and employee representative participation is required at the earliest possible point throughout all phases of the development, training, implementation, and maintenance of the PSM elements. In addition, employers will be required to develop, implement, and maintain an effective hazard reporting program that ensures at a minimum the right of all employees, including employees of contractors, to anonymously report hazards.
Human Factors
Employers will be required to take a much more proactive stance with regard to human factors in the PSM program. They will be required to develop, maintain, and implement an effective Human Factors Program. When addressing a task, an employer now must account for staffing levels and the length of time needed to complete the task. Employers also must account for communication systems, the understandability and clarity of operating and maintenance procedures, and the human-machine and human-system interface.
In addition, employers will be required to implement human factor controls on process equipment and appurtenances, including but not limited to:
- Error proof mechanisms;
- Automatic alerts; and
- Automatic system shutdowns.
Process Hazard Analysis
Refineries will be required to perform and document a PHA of the effectiveness of safeguards that apply to particular processes and must identify, evaluate, and control hazards associated with each process.
Employers would be required to perform a written Safeguard Protection Analysis (SPA) for each process within 6 months of the relevant PHA. The SPA must assess the combined effectiveness of existing safeguards and those safeguards recommended in a PHA and HCA and whether additional or alternative inherent safety measures or independent layers of protection may be needed.
Incident Investigations
Employers are required to investigate and report any incident that is major or potentially major. The definition of what constitutes a “major incident” is an event within or affecting a process that causes a fire, explosion, or release of a highly hazardous material and has the potential to result in death or serious physical harm. Part of the incident investigation is a requirement to perform a root cause analysis, which would include employees or their representatives as part of the investigation team.
Process Safety Culture Assessment (PSCA)
Employers will be required to develop and implement a PSCA that encourages the reporting of safety concerns. Through the PSCA, employers should come to understand the attitudes, beliefs, perceptions, and values that employees share in relation to safety and should evaluate responses to reports of hazards. The program requires the development of a written report concerning the PSCA every 5 years.
PSM Program
Refineries will be required to develop a written PSM program and review and update it every 3 years. As part of the PSM program, the refinery manager would be required to track and document process safety performance indicators.
Compliance Audits
Refineries will be required to conduct compliance audits every 3 years and to certify that the facility is in compliance with all the provisions of the refinery PSM.