[Federal Register: November 29, 2002 (Volume 67, Number 230)]
[Notices]
[Page 71210-71212]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no02-149]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. ICR-1218-0200 (2003)]
Standard on Process Safety Management of Highly Hazardous
Chemicals (PSM); Extension of the Office of Management and Budget's
Approval of Information-Collection (Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for comment.
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SUMMARY: OSHA request comment concerning its proposed extension of the
information-collection requirements specified by its Standard on
Process Safety Management of Highly Hazardous Chemicals (PSM) (29 CFR
1910.119). The Clean Air Act Amendments (CAAA) OF 1990 required the
Occupational Safety and Health Administration (OSHA) to develop a
standard on Process Safety Management of Highly Hazardous Chemicals
(PSM) (i.e., ``the Standard '') containing certain minimum standards to
prevent accidental releases of chemicals which could pose a threat to
employees. The Standard, rather than setting specific engineering
requirements, emphasizes the application of documented management
controls. Using the controls, companies address the risk associated
with handling or working near highly hazardous chemicals. Compliance
with the standard is accomplished, therefore, by requiring the employer
to do a number of things
[[Page 71211]]
such a developing a written, comprehensive management program which
integrates technologies, procedures and management practices, to update
operating procedures and safe work practices, to evaluate safety
history and policies of contractors, to conduct periodic evaluations,
and to document employee training.
DATES: Submit written comments on or before January 28, 2003.
ADDRESSES: Submit written comments to the Docket Office, Docket No.
ICR-1218-0200(2003), OSHA, U.S. Department of Labor, Room N-2625,
Constitution Avenue, NW., Washington, DC 20210; telephone; (202) 693-
2350. Commenters may transmit written comments of 10 pages or less by
facsimile to (202) 693-1648.
FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Safety
Standards Programs, OSHA, U.S. Department of Labor, Room N-3609, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2222. A copy of the Agency's Information-Collection Request (ICR)
supporting the need for the collections of information collection
specified by the Standard on Process Safety Management of Highly
Hazardous Chemicals (PSM) is available for inspection and copying in
the Docket Office, or by requesting a copy from Theda Kenney at (202)
693-2222, or Todd Owen at (202) 693-2444. For electronic copies of the
ICR, contact OSHA on the Internet at http://www.osha.gov and select
``Information Collection Requests.''
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information-
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimized, collection instruments are understandable, and OSHA's
estimate of the information-collection burden is correct.
The collections of information in the standard are necessary for
implementation of the requirements of the standard. The information is
used by employers to assure that process using highly hazardous
chemicals with the potential of a catastrophic release are operated as
safely as possible. The employer must consider all facets of a process,
as well as the involvement of employees in that process. Processes are
analyzed by employers so that they identify and control problems that
could lead to a major release, fire or explosion. The failure of
employers to collect the information will significantly impact OSHA's
effort to control and reduce injuries and fatalities in workplaces that
have the potential for highly hazardous chemical catastrophes.
The Standard specifies several paperwork requirements. The
following sections describe the information collection requirements and
who will use the information.
(A) Employee Participation (paragraph (c)). Paragraph
1910.119(c)(1) requires employers to develop a written plan describing
the employee participation required by this paragraph. Paragraph (c)(3)
requires that employers must provide employee access to process hazard
analyses.
(B) Process Safety Information (paragraph (d)). Paragraph (d)
requires employers to complete a compilation of written process safety
information prior to conducting a process hazard analyses. The
compilation of written process safety information, which includes the
hazards of chemicals, the technology of the process and the equipment,
is to enable the employer and employees involved in operating the
process to identify and understand the hazards posed by processes
involving highly hazardous chemicals.
(C) Process Hazard Analysis (paragraph (e)(1)). Paragraph (c)(1)
requires the employer to perform an initial process hazard analysis on
processes covered by the standard. The evaluation must be appropriate
to the complexity of the process and must identify, evaluate, and
control the hazards involved in the process.
(D) Resolution of Hazards (paragraphs (e)(4) and (e)(5)). Paragraph
(e)(4) requires hazard analyses to be performed by a team with
expertise in engineering and process operations and at least one
employee and one member knowledgeable in the specific management
process. Paragraph (e)(5) requires the employer to establish a system
to promptly address the team's findings and recommendations; assure
that the recommendations are resolved in a timely manner; develop a
written schedule of when these actions are to be completed; document
the resolution; and communicate the actions to affected operating,
maintenance and other employees whose work assignments are in the
process.
(E) Updating, Revalidating, and Retaining the Process Hazard
Analysis (paragraphs (e)(6) and (e)(7)). Paragraph (e)(6) requires the
employer to update and revalidate the process hazard analyses at least
every five years. Paragraph (e)(7) requires the employer to retain
process hazard analysis for each process covered by this section, as
well as the documented resolution of recommendations described in
paragraph (e)(5).
(F) Operating Procedures (paragraph (f)(1)). This provision
requires the employer to develop and implement written operating
procedures that provide clear instructions for safely conducting
activities involved in each covered process.
(G) Training (Initial, Refresher, and Documentation) (paragraphs
(g)(1), (g)(2), and (g)(3)). Paragraph (g)(1) requires employers to
train employees operating dangerous process. Paragraph (g)(2) requires
that the employer provide refresher training at least every three
years. Paragraph (g)(3) requires the employer to prepare a record that
contains the name of employee, the date of training, and the means used
to verify that the employee understood the training.
(H) Contractors (paragraphs (h)(2)(ii), (iv), (vi) and
(h)(3)(iii)). Paragraph (h)(2)(ii), requires employers, when selecting
a contractor, to obtain and evaluate information regarding the contract
employer's safety performance and programs. Paragraph (h)(2)(iv)
requires the employer to periodically evaluate the performance of
contract employers in fulfilling their obligations as specified in
paragraph (h)(3) of this section. Paragraph (h)(2)(vi) requires the
employer to maintain a contract employee injury and illness log related
to the contractor's work in process areas. Paragraph (h)(3)(iii)
requires the contract employer to document contract employees have been
trained to perform covered activities safely.
(I) Pre-startup Safety Review (paragraph (i)). Paragraph (i)
requires the employer to perform a pre-start-up safety review for new
facilities and for modified facilities when the modification is
significant enough to require a change in the process safety
information.
(J) Written Procedures, Inspections and Testing (paragraphs (j)(2)
and (j)(4)). Paragraph (j)(2) requires the employer to establish
written procedures to maintain the on-going integrity of process
equipment. Paragraph (j)(4) requires that employers perform inspections
and tests on process equipment and that each inspection and test be
documented
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(under (j)(4)(iv)). The documentation shall identify the date of the
inspection or test, the name of the person who performed the inspection
or test, the serial number or other identifier of the equipment on
which the inspection or test was performed, a description of the
inspection or test performed, and the results of the inspection or
test.
(K) Hot Work Permit (paragraph (k)). Paragraph (k) requires the
employer to issue a hot work permit for hot work operations conducted
on or near a covered process. The permit shall indicate the date(s)
authorized for hot work and identify the object on which hot work is to
be performed. The permit must be kept on file until completion of the
hot work operations.
(L) Management of Change (paragraph (l)). Paragraph (l) requires
the employer to establish and implement written procedures to manage
changes (except for ``replacements in kind'') to process chemicals,
technology, equipment, and procedures; and for changes to facilities
that affect a covered process.
(M) Incident Investigation (paragraph (m)). Paragraph (m) requires
the employer to investigate each incident which resulted in, or could
reasonably have resulted in a catastrophic release of highly hazardous
chemical in the workplace. An accident investigation is to be initiated
as promptly as possible, but not later than 48 hours following the
incident. Paragraph (m)(4) requires that the report be prepared at the
conclusion of the investigation which includes, at a minimum, the date
of the incident; the date the investigation began; a description of the
incident; the factors that contributed to the incident; and any
recommendations resulting from the investigation. Resolutions and
corrective measures are required to be documented. Paragraph (m)(7)
requires that incident investigation reports be retained for five
years.
(N) Emergency Planning and Response (paragraph (n)). Paragraph (n)
requires the employer to establish and implement an emergency action
plan in accordance with the provisions of 29 CFR 1910.38(a). In
addition, the emergency action plan shall include procedures for
handling small releases. Employers covered under this standard may also
be subject to the hazardous waste and emergency response provisions
contained in 29 CFR 1910.120(a), (p), and (q).
(O) Compliance Audits (paragraph (o)). Under paragraph (o)(1),
employers are required to 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. Paragraph (o)(3) requires that a
report of the findings of the audit be developed and paragraph (o)(5)
requires that the last two reports be retained.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
[sbull] Whether the proposed information-collection requirements
are necessary for the proper performance of the Agency's functions to
protect workers, including whether the information is useful;
[sbull] The accuracy of OSHA's estimate of the burden (time and
costs) of the information-collection requirements, including the
validity of the methodology and assumptions used;
[sbull] The quality, utility, and clarity of the information
collected; and
[sbull] Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
OSHA proposes to extend the Office of Management and Budget's (OMB)
approval of the collection-of-information requirements specified by the
Standard on Process Safety Management of Highly Hazardous Chemicals
(PSM) (29 CFR 1910.119). The Agency will summarize the comments
submitted in response to this notice, and will include this summary in
its request to OMB to extend the approval of these information-
collection requirements.
Type of Review: Extension of a currently-approved information-
collection requirement.
Title: Process Safety Management of Highly Hazardous Chemicals (29
CFR 1910.119).
OMB Number: 1218-0200.
Affected Public: Business or other for-profit; Federal government.
Number of Respondents: 212,422.
Frequency of Recordkeeping: Varies depending upon the collection of
information contained in the Standard.
Average Time per Response: Varies from five minutes (.08 hour) to
generate, maintain and disclose training documentation to 2,454.4 hours
to establish and implement a management of change program.
Total Annual Hours Requested: 51,298,797.
IV. Authority and Signature
John L. Henshaw, Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506), and Secretary of Labor's Order No. 5-2002 (67 FR 65008).
Signed at Washington, DC., on November 25, 2002.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 02-30301 Filed 11-27-02; 8:45 am]
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