Process Safety Management of Highly Hazardous & Explosive Chemicals Incident Investigation, Compliance Audits & Trade Secrets
Incident Investigation Incident Investigation 1910.119(m) The employer shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace. An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.
Incident Investigation Program Must Include the Following Describe the purpose of incident investigation List the circumstances or occurrences, which require formal incident investigation List the major investigation procedures that should be followed Explain the list the responsibilities of the incident investigation team Explain the contents of an "Incident Summary" form Explain the contents of an "Incident Description" form Explain the contents of an "Approvals, Follow-up and Review" form Explain the contents of a "Close-out" form Explain Corrective Actions Taken
Incidents Can Be Minor or Major - Both Require Investigation
Incident Investigation Documentation Must Include Date of incident Date investigation began Description of the incident Factors contributing to the incident Recommendations resulting from the investigation
Incident Investigation Incident Investigation Will Include Written Documentation of all Required Elements
Incident Investigation Incident Investigation Might Even Include a Flow Chart
Incident Investigation Incident Investigation Let s Review a NASA Incident Investigation for a small release at the Hydrogen Gas Plant In Your Class Notebook
Compliance Audits Compliance Audits 1910.119(o) Employers shall certify that they have evaluated compliance with the provisions of this section at least every three years to verify that the procedures and practices developed under the standard are adequate and are being followed.
Compliance Audits Compliance Audits 1910.119 states, "Employers shall certify that they have evaluated compliance with the provisions of this section at least every three years to verify that the procedures and practices developed under the standard are adequate and are being followed."
Compliance Audits Compliance Audits A List of factors that may increase the frequency of compliance audits Results of Any OSHA Compliance Audits Performed & Citations/Action Items Developed An Explanation of audit certification List Compliance Audit documentation
Compliance Audits Compliance Audits Employers shall certify that they have evaluated compliance with the provisions of this section at least every three years to verify that the procedures and practices developed under the standard are adequate and are being followed The compliance audit shall be conducted by at least one person knowledgeable in the process A report of the findings of the audit shall be developed Compliance Audits Must be Performed Every 3 Years
Compliance Audits The Compliance Audit Process Typically Includes the Following: Definition of the guidelines for an audit team A List the PSM elements that must be audited A List of the minimum contents of a final report of an audit An Explanation and list the Compliant Audit reports that must be retained by the facility
Compliance Audits Compliance Audits The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today announced it is issuing $87,430,000 in proposed penalties to BP Products North America Inc. for the company's failure to correct potential hazards faced by employees. The fine is the largest in OSHA's history. The prior largest total penalty, $21 million, was issued in 2005, also against BP.
Compliance Audits Compliance Audits U.S. Labor Department's OSHA proposes $70,000 in fines for Solo Cup Co. for process safety management hazards at North Andover, Mass., plant OSHA has cited American Seafoods International LLC for 15 alleged willful and serious violations of safety and health standards at its New Bedford, Mass., processing facility. The seafood company faces a total of $279,000 in proposed fines, chiefly for deficiencies in its process safety management (PSM) program. The federal Occupational Safety and Health Administration has cited DuPont with six serious violations and has proposed $43,000 in fines related to three chemical releases at the company's Belle plant in January, including one incident that resulted in the death of employee Worthen Industries, which manufactures coatings and adhesives, received citations for one willful violation, 48 serious and five other-than-serious violations following an explosion at its facility on East Spit Brook Road. Proposed fines for the alleged violations total $225,400.
Compliance Audits Compliance Audits Typical Types of OSHA Serious Citations failure to maintain and follow normal operating procedures failure to provide refresher training to process operators failure to correct deficiencies in process equipment in a safe manner failure to provide necessary training to emergency responders and fire brigade members failure to perform audits as required every 3 years
Compliance Audits Compliance Audits There are Companies that have Covered Process, but have not implemented any PSM Program. The Regulatory Exposure is to: Willful Citations Criminal Willful Citations Serious Citations Major Citation Penalties
PSM Audit Example Checklist Items (Partial) Management Commitment to the PSM Program Is there evidence that an effective process safety management program has been set up and that explicit expectations, objectives and goals have been set with clear-cut, desired outputs? Have resources been provided in the form of personnel assigned to provide implementation and continuation of each element? Have clear lines of responsibility been established and roles and responsibilities assigned? Is management commitment to using all available resources for enhancing process safety knowledge at all levels of the organization clearly demonstrated by actions? Does management encourage active participation in professional and trade associations for key PSM personnel to ensure the PSM system keeps pace withtest Practices?
PSM Audit Example Checklist Items (Partial) Process Hazard Analysis Does the PSM program establish a process hazard analysis procedure in accordance with the PSM rule? Have personnel, who will take part in PHA, been provided with training in the PHA technique that will be used for their study? Does the PHA procedure establish that the hazard identification team be multi-disciplined in nature, capable of covering such issues as maintenance, operations, design, inspection & testing, safety, health and environment, etc? Does the PHA procedure require that the PHA team leader be specially trained in the technique that will be used? Does documentation of the hazard identification process include all issues, not only those resulting in findings or recommendations? Have PHA been conducted on all PSM-covered processes and if not, is there an established schedule for completing all PHA s?
Compliance Audits Compliance Audits Audit Findings must be Documented Actions must be Taken on All Exceptions All Actions Affecting P&ID s, PHA s, Mechanical Integrity Certificates, Inspection/Testing/Maintenance, Operating Procedures & Training Procedures will Require Revision of All of the Above
Compliance Audits Let s Review an Actual OSHA Audit of a Process
Kansas City, KS Processed meats facility producing: Deli products Sliced luncheon meat Breakfast strips Sausage franks Lunchmakers Constructed 1979, addition 1996 225,000 square feet 55,000 pound ammonia system Four system operators
Original Complaint Investigation January 8,1997 The ammonia piping and valves on the manufacturing floor of the plant are deteriorated and in very dangerous condition exposing employees to injury. Very brief inspection No review of PSM No interviews No citations issued
Second Complaint Investigation April 9, 1997 Manufacturing floor, evaporative units 1 through 6 have valves that are deteriorating, stems that are 1/3 their original size, and have severe corrosion problems. Some pipes in the engine room are schedule 40 rather than standard schedule 80. Pipes and pressure vessels are welded on by noncertified welders. Pipes in the facility are not tested for corrosion.
Initial Inspection One inspector from Overland Park office Minimal visits to inspect physical conditions takes video and still pictures Requests and receives numerous documents including: pipe inspection report mechanical integrity program process hazard analysis and status report completed compliance audits Interviews operators interviews each operator for up to four hours
Salt Lake City Inspection Team Four inspections original inspector (Safety Engineer) Assistant Regional Director (Industrial Hygienist) Salt Lake City inspectors: Mechanical Engineer (PE/Industrial Hygienist) Industrial Hygienist (CIH)
Team Inspection Process Request and receive numerous additional documents inspectors pair up to focus on specific elements continue interviews with operators group interview with management several tours to view engine room, roof, and pipe runs
Documents Furnished All PSM program elements and supporting information including: all Management of Change forms equipment manuals all PSM incident investigation reports all employee training records for operators ancillary programs (LOTO, PPE, confined space, etc.) ConAgra Annual Report
Additional Issues Asbestos survey PSM consultant Pipe radiography Pipe replacement Full corporate safety and health compliance audit
Inspection Management Request all documents in writing 24 hour time to respond Log all documents given name of document file number double copy
KANSAS CITY, KANSAS - PSM INSPECTION AREA OF CITATION # ITEMS CITED Employee Participation 2 Process Safety Information 3 Process Hazard Analysis 3 Operating Procedures 7 Training 2 Contractors 2 Pre-Startup Safety Reviews 4 Mechanical Integrity 7 Management Of Change 4 Incident Investigation 3 Compliance Audits 3 Total PSM 40
KANSAS CITY, KANSAS - PSM INSPECTION AREA OF CITATION # ITEMS CITED Related H&S Programs OSHAct General Duty - Section 5 (a)(1) 1 Emergency Action Plans - 1910.38 1 HAZWOPER - 1910.120 1 Personal Protective Equipment - 1910.132 1 Respiratory Protection - 1910.134 2 Control of Hazardous Energy (Lockout) - 1910.147 4 Employee Alarm Systems - 1910.165 1 Electrical Safety - 1910.303, 304, & 305 2 Total Related H&S Programs 13 TOTAL ITEMS CITED 53
Pre-Citation Settlement Potential for megafine and negative publicity Interest by OSHA leverage inspection avoid potential conflict with VPP Partnership Initiative save resources UFCW informed and cooperative
Pre-Citation Settlement OSHA provides draft citation ASE develops abatement plan aggressive dates $500,000 + spent on mechanical integrity and PSM implementation Abatement plan reviewed with UFCW
Citation 53 serious items: 40 PSM $256,650 proposed fine 3 willful violations avoided mechanical integrity pre-startup safety review process hazard analysis
Corporate Settlement Agreement Region-wide: 5 plants Kansas City, KS Hastings, NE Junction City, KS Citation to be training tool ASE ConAgra Industry groups Train UFCW Copies to all ASE facilities Carthage, MO Omaha, NE
Settlement Agreement Kansas City Full PSM implementation by 7/1/98 Corporate Safety Department to monitor progress on-site visits 60 day monitoring reports 3rd party audit on or before 7/1/99 OSHA Institute training
Region VII Settlement Agreement Quarterly reports Compliance by 4/19/98 employee participation contractors (except safe work practices) pre-startup safety reviews hot work permit management of change incident investigations emergency response
OSHA s Press Release employers with ammonia refrigeration PSM related programs are being notified of OSHA s intent to hold them accountable for complying with the IIAR Bulletins.
Compliance Audits Compliance Audits Remember, The Audit Process is Determine if there are any weaknesses in the system or PSM Program and to provide a report an method to take action. These actions can prevent catastrophic release, injury and death.
Trade Secrets Trade Secrets 1910.119(p) Employers shall make all information necessary to comply with the section available to those persons responsible for compiling the process safety information (required by paragraph (d) of this section), those assisting in the development of the process hazard analysis (required by paragraph (e) of this section), those responsible for developing the operating procedures (required by paragraph (f) of this section), and those involved in incident investigations (required by paragraph (m) of this section), emergency planning and response (paragraph (n) of this section) and compliance audits (paragraph (o) of this section) without regard to possible trade secret status of such information.
Trade Secrets Trade Secrets All Information Regarding the Process Must be Made Available to Persons Involved in the PSM Program Including Trade Secrets Confidentiality Agreements are Allowed
Summary of PSM Elements Summary of PSM Elements Employee Participation Application & Exclusions Process Safety Information & Toxicity Technology of the Process Equipment in the Process Mechanical Integrity Inspection & Testing Quality Assurance Process Hazard Analysis Management of Change Operating Procedures (Incl. Pre-Start up) Safe Work Practices Training Contractor Management Emergency Planning & Response Incident Investigation Compliance Audits Trade Secrets
NASA High Pressure Gas Plant Incident Investigation, Contractor Management & Trade Secrets Case Study Team Exercise
High Pressure Hydrogen Plant
NASA High Pressure Gas Plant - Testing for Gas
Team Exercise Team Exercise With the Information to Follow in The NASA Case Study Video, Presentation & Notebook, With Your Team Members, Perform the Following Tasks & Answer the Following Questions.
Case Study Exploration Case Study Exploration 1. What is the Maximum Time Requirement to Start an Incident Investigation? 2. What are the Required parts of an Incident Investigation? 3. How Often must a compliance audit be performed? 4. What are the Required parts of a compliance audit? 5. Who does OSHA state must perform the audit? 6. Team Exercise - What would you choose as the top 10 audit items for the NASA Hydrogen Gas Plant? We will Discuss Findings & Presentations of Each Team in Class
What s Next What s Next EPA Clean Air Act CAA 112 (r) Risk Management Plans