RMP/PSM WEBINAR SERIES

Transcription

1 RMP/PSM WEBINAR SERIES Webinar Starts at 08:00 PT Please call (877) if you are having technical issues. The background music may be used to adjust your audio volume.

2 WHAT YOU NEED TO KNOW ABOUT THE GENERAL DUTY CLAUSE Stephanie Smith, PE & DJ Kumar Risk Management Professionals, Inc. (949) (877)

3 RISK MANAGEMENT PROFESSIONALS Key Services Process Safety & Risk Management Process Hazard Analysis (PHA) What-If? Studies Hazard & Operability (HAZOP) Studies Layer of Protection Analysis (LOPA) Safeguard Protection Analysis (SPA) Safety Integrity Level (SIL) Assessment & Verification Process Safety Management (PSM) Risk Management Program (RMP) California Accidental Release Prevention (CalARP) Program Nevada Chemical Accident Prevention Program (CAPP) Security Vulnerability Assessment (SVA) Inherently Safer Technology (IST), Hierarchy of Hazard Control Analysis (HCA), Safer Technology & Alternatives Analysis (STAA) Safety & Environmental Management Systems (SEMS) Damage Mechanism Review (DMR) Safety Case Key Services (cont.) ERP Development & Emergency Preparedness Training (NIMS-Compatible) Risk-Graph and Bow-tie Analysis QRA Services FTA & ETA Background Services to Process Industries, Utilities, & Government Since 1995 International w/ US Focus Qualifications Extensive Experience Two Decades of Risk-Based Applications Engineering, Safety, Security, and Emergency Response Backgrounds Locations HQ: Irvine, CA Norfolk Walnut Creek Contact U.S. (877)

4 SUMMARY What does the General Duty Clause state? EPA & OSHA language Key phrases Each key phrase What does EPA & OSHA look for? What can you do to comply? Current penalties for non-compliance

5 GENERAL DUTY CLAUSE EPA - Clean Air Act Section 112(r)(1) The owners and operators of stationary sources producing, processing, handling or storing such substances have a general duty to identify hazards which may result from (such) releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur. OSHA General Duty Clause (Section 5) (a) Each employer (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.

6 GENERAL DUTY CLAUSE [H]ave a general duty in the same manner and to the same extent as section 654, title 29 of the United States code Meaning: Owners and operators must comply with the general duty clause in the same manner and to the same extent as employers must comply with the Occupational Safety Health Act administered by OSHA.

7 APPLICATION OF GENERAL DUTY CLAUSE Compliance with OSHA and RMP regulations For facilities under the hazardous substance threshold quantities listed in the regulations. General Duty Clause RMP OSHA

8 WHAT DOES THIS MEAN? Citations by EPA and OSHA Regardless of RMP or PSM rules applicability Can apply to alternate program levels if more is needed Citation is at the discretion of the inspector Performance-based responsibility

9 KEY PHRASES EPA identify hazards which may result from (such) releases using appropriate hazard assessment techniques to design and maintain a safe facility taking such steps as are necessary to prevent releases to minimize the consequences of accidental releases which do occur OSHA furnish to each of his employees employment and a place of employment which are free from recognized hazards

10 IDENTIFY HAZARDS EPA Guidance Questions Has the facility conducted a PHA? Is the facility using proper hazard assessment techniques? Is the PHA complete, accurate, and correct? Identified intrinsic hazards? Identified potential releases? Identified potential impacts to the community / environment?

11 IDENTIFY HAZARDS - SOLUTIONS Process Hazard Analysis / Hazard Review What-If acceptable / HAZOP may be better Look at hazards associated with the process Hazard Assessment EPA off-site consequence Document analysis Release scenarios Consequences of each scenario Seismic Assessment (California) Internal Audits Review of maintenance program Use established guidelines for reference Track Plan Identify Analyze

12 DESIGN AND MAINTAIN A SAFE FACILITY EPA Guidance Questions Design Accurate and current documents Risk minimization Design codes Facility construction per specifications QC on construction Process controls redundancies Updated design Remote monitoring/control

13 DESIGN & MAINTAIN A SAFE FACILITY - SOLUTIONS Use the correct codes and standards IIAR Standards (IIAR 2 & IIAR 9) ASHRAE NFPA / NEC UBC / IBC Qualified construction contractor to build facility and/or install equipment Quality control program Design with sustainability and longevity inmind Remote capabilities are more accessible

14 DESIGN AND MAINTAIN A SAFE FACILITY EPA Guidance Questions Maintenance Preventative maintenance procedures RAGAGEP Personnel training Proficiency evaluation Sufficient inventory Quality control Unauthorized entry minimization

15 DESIGN & MAINTAIN A SAFE FACILITY - SOLUTIONS PM procedures should originate from: manufacturer resources industry best-practice corporate practice, if more conservative Include RAGAGEP in evaluation and development Ensure training is up-to-date and relevant Verify that inventory of essential parts Quality control receiving ordered parts Ensure the facility is secured

16 DESIGN AND MAINTAIN A SAFE FACILITY EPA Guidance Questions Operations Standard Operating Procedures (SOPs) Current Process specific Clear, concise, and understandable Operating limits should match PHA Revisions (periodic, after incidents and changes)

17 DESIGN & MAINTAIN A SAFE FACILITY - SOLUTIONS Maintain proper SOPs and training on each SOP Schedule annual reviews of SOPs and a responsible person for sign-off and completion Audit SOPs for accuracy, completeness, and understandability Nomenclature (labels, tag numbers, etc.) should be uniform through out all equipment and documentation Establish a process for updating SOPs after a system change or update Accuracy Understandability SOPs Completeness

18 DESIGN AND MAINTAIN A SAFE FACILITY EPA Guidance Questions Training Competency on SOPs Adequate/sufficient training Hazards and consequences Frequency Clear instructions Recognizing emergency situations and actions Current operations

19 DESIGN & MAINTAIN A SAFE FACILITY - SOLUTIONS Training understanding / retention should be tested in some manner Operators and management should understand hazards of the system and consequences of deviation Refresher training should be offered at least every 3 years (more frequent if necessary) Emergency preparedness should be coordinated

20 MINIMIZE CONSEQUENCES EPA Guidance Questions Consequence Minimization Potential release scenarios and impacts Emergency response plan Responsibilities, functions and contacts Emergency responders Employee actions Recognizing emergency situations Revisions

21 MINIMIZE CONSEQUENCES - SOLUTIONS Hazard assessment / identification Follow-through on recommendations Use appropriate release scenarios Safe practices / safety culture Employee involvement Development of procedures and elements Drills / walk-throughs Coordination with local responders Incident Investigation Emergency procedures / planning

22 PENALTIES The EPA may: Issue an administrative penalty order Bring a civil judicial action pursuant to for violations of the general duty clause Request that the Attorney General commence a criminal action against owners/operators for knowing violations of the general duty clause. Order any action necessary to abate a danger or threat if the Agency determines that there may be an imminent and substantial endangerment to human health or welfare or the environment because of an actual or threatened accidental release of a regulated substance

23 NO CAUSE FOR ALARM No established targets Usually for cause inspections Concern for a facility s safe operation Risk for employees or general public Inspections are announced Issued guidance by EPA Guidance for Implementation of the General Duty Clause Clean Air Act Section 112(r)(1)

24 UPCOMING WEBINARS / CONFERENCES Dec 19, 2017 Webinar NFPA 86 & API 556 Meeting Safety Standards for Gas Fired Heaters Presented by John Johnson Jan 9, 2018 Webinar Common MOC and PSSR Deficiencies Presented by Morgan McVey and Tim Lee Early 2018 Workshop In Partnership with Torrance Fire Department Date TBD Mar 18-21, IIAR National Conference and Expo Exhibitor Presentation by Stephanie Smith, PE Apr 22-26, 2018 Exhibitor 14 th Global Congress on Process Safety

25 Stephanie Smith, PE DJ Kumar Risk Management Professionals, Inc. (949) (877)