Document LpDqMMq1pb0o6pkkOOQa6rYnw

ABD00030112 U.S. Department of Labor Assistant Sec'etanv `cr Occupational Safety anc Hearth Washington DC 2Q210 OSHA Instruction CPL 2-2.45A SEP 2 81992 Directorate of Compliance Programs Subject: 29 CFR 1910.119, Process Safety Management of Highly Hazardous Chemicals--Compliance Guidelines and Enforcement Procedures A. Purpose. This instruction establishes uniform policies, procedures, standard clarifications, and compliance guidance for enforcement of the standard for Process Safety Management of Highly Hazardous Chemicals, 29 CFR 1910.119 ("PSM standard"), and amendments to the standard for Explosives and Blasting Agents, 29 CFR 1910.109. B. Scope This instruction applies OSHA-wide. C. References. 1. 29 CFR 1910.119, Process Safety Management of Highly Hazardous Chemicals; Final Rule; February 24, 1992, Federal Register Vol. 57, No. 36, pp. 6356-6417. 2. OSHA Instruction CPL 2.45B, June 15, 1989, the Field Operations Manual (FOM). 3. OSHA Instruction STP 2.22A, CH-2, January 29, 1990, State Plan Policies and Procedures Manual. 4. OSHA Instruction CPL 2.94, July 22, 1991, OSHA Response to Significant Events of Potentially Catastrophic Consequence. 5. OSHA Instruction ADM 1-1.12B, December 29, 1989, Integrated Management Information System (IMIS) Forms Manual. D. Cancellation. This instruction cancels: 1. OSHA Instruction CPL 2-2.45, September 6, 1988, Systems Safety Evaluation of Operations with Catastrophic Potential. 2. OSHA Notice CPL 2, March 9, 1992, Special Emphasis Program in Petrochemical Industries, Standard Industrial Classification (SIC) Codes 2821, 2869, and 2911. ABD00030113 OSHA Instruction CPL 2-2.45A Directorate of Compliance Programs E. Action. OSHA Regional Administrators and Area Directors shall ensure that all compliance and enforcement activities related to the PSM standard adhere to the guidelines of this instruction. F. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall: 1. Ensure that a copy of this change is promptly forwarded to each State designee, using a format consistent with the Plan Change Two-Way Memorandum in Appendix P of OSHA Instruction STP 2.22A, CH-3. 2. Explain the technical content of this change to the State designees as requested. 3. Advise the State designees that, in order to ensure uniform enforcement of the Explosives and Blasting Agents Standard and the Pro'cess Safety Management of Highly Hazardous Chemicals Standard addressed by this instruction, State implementation of the procedures in this instruction, or comparable State procedures, must be carefully coordinated with OSHA. 4. Coordinate with the State to ensure appropriate staff training (as discussed at 1.4. of this instruction), participation in the Program-Quality-Verification inspection scheduling process (as discussed at J.3.d. of this instruction), and to provide appropriate technical assistance. 5. Ensure that State designees are asked to acknowledge receipt of this Federal program change in writing to the Regional Administrator as soon as the State's intention is known, but not later than 70 calendar days after the date of issuance (10 days for mailing and 60 days for response). This acknowledgment must include the State's intention to follow OSHA's policies and procedures described in this instruction, or a description of the State's alternative policy and/or procedure which is "at least as effective" as the Federal policy and/or procedure. 6. Ensure that the State designees submit a plan supplement, in accordance with OSHA Instruction STP 2.22A, CH-2, as appropriate, following the established schedule that is agreed upon by the State and the 2 ABD00030114 OSHA Instruction CPL 2-2.45A Directorate of Compliance Programs Regional Administrator to submit non-Field Operations Manual/Technical Manual Federal Program Changes. a. If the State intends to follow the revised inspection procedures described in this instruction, the State must submit either a revised version of this instruction, adapted as appropriate to reference State law, regulations and administrative structure, or a cover sheet describing how references in this instruction correspond to the State's structure. The State's acknowledgment letter may fulfill the plan supplement requirement if the appropriate documentation is provided. b. If the State adopts an alternative to Federal enforcement inspection procedures, the State's plan supplement must identify and provide a rationale for all substantial differences from Federal procedures in order for OSHA to judge whether a different State procedure is as effective as the comparable procedure. 7. After Regional review of the State plan supplement and resolution of any comments thereon, forward the State submission to the National Office in accordance with established procedures. The Regional Administrator shall provide a judgment on the relative effectiveness of each substantial difference in the State plan change and an overall assessment thereon with a-recommendation for approval or disapproval by the Assistant Secretary. 8. Review policies, instructions, and guidelines issued by the States to determine that this change has been communicated to State program personnel. G. Background. On February 24, 1992, OSHA promulgated the Final Rule for Process Safety Management of Highly Hazardous Chemicals. This standard originally became effective on May 26, 1992. An administrative stay delayed the effective date of paragraphs (f), (h), (j), and (1) until August 26, 1992. That stay has expired and the stayed provisions are now fully effective. 1. In recent years, a number of catastrophic accidents in the chemical industry have drawn attention to the safety of processes involving highly hazardous chemicals. OSHA has determined that employees have 3 ABD00030115 OSHA Instruction CPL 2-2.45A Directorate of Compliance Programs been and continue to be exposed in their workplaces to the hazards of releases of highly hazardous chemicals which may be toxic, reactive, flammable, or explosive. 2. The requirements of the PSM standard are intended to eliminate or mitigate the consequences of such releases. The standard emphasizes the application of management controls when addressing the risks associated with handling or working near hazardous chemicals. 3. In addition, the PSM standard has been developed in fulfillment of OSHA's obligation under the Clean Air Act Amendments (CAAA) of 1990, section 304(a). The final rule is consistent with the mandate of the CAAA. 4. It is anticipated' that joint inspection activities related to the PSM standard will arise between OSHA, the Environmental Protection Agency, and the Chemical Safety and Hazard Investigation Board, which was mandated by the CAAA. H. Enforcement Activity Related to the PSM Standard--Types of Inspections. 29 CFR 1910.119 has broad applicability to potentially hazardous processes that may exist in a wide variety of industries. Accordingly, enforcement activities related to the PSM standard--either to determine if an employer is covered by the standard or to assess the employer's compliance with it--may take place in any of the inspection types described below. The following guidelines shall apply to PSM-related compliance activity: 1. Program-Ouality-Verification (PO\M Inspections. The primary enforcement model for the PSM standard shall be the PQV inspection, as described at K. and L. of this instruction. Programmed PQV inspections shall be scheduled as described at J. of this instruction. 2. Other Programmed Inspections: Screening for PSM Coverage. In all programmed safety and health inspections in general industry, a determination shall be made as to whether the establishment is covered by the PSM standard. a. This determination shall follow the criteria presented at 29 CFR 1910.119(a), including appropriate reference to Appendix A of 1910.119. The determination may be made in conjunction with 4 ABD00030116 OSHA Instruction CPL 2-2.45A A , -lw. Directorate*" of Compliance Programs an assessment of the employer's Hazard Communication program. b. If the establishment is found to be covered by the standard: (1) It shall be further determined if the establishment is included in the universe of affected establishments from which PQV inspections may be scheduled. (See J. of this instruction.) (2) The employer shall be provided: (a) Copies of the OSHA publications "Process Safety Management," OSHA Publication 3132, which also contains the full text of 1910.119; and "Process Safety Management--Guidelines for Compliance;" and (b) A letter notifying the employer that the subject establishment is covered by the PSM standard and may be inspected under the standard. The letter shall also emphasize the employer's obligation to comply with the standard. An example of such a letter is provided as Appendix F of this instruction. c. The Area Director shall ensure proper coding of the OSHA-1 (as described at Q. and Appendix H of this instruction) to identify the establishment as either known to be covered by the PSM standard or known not to be covered by the standard. 3. Unprogrammed PSM-related Inspections. In all unprogrammed inspection activity relating to the PSM standard, a determination shall be made as to whether the establishment is covered by 29 CFR 1910.119. a. If a formal complaint or referral relating to the PSM standard is received regarding any workplace classified in one of the SIC codes listed at Appendix C of this instruction, the complaint or referral item(s) shall be investigated and: 5 ABD00030117 OSHA Instruction CPL 2-2.45A Directorate of Compliance Programs (1) All programs required by the PSM standard shall be screened for obvious violations; and (2) A CSHO referral for a PQV inspection shall be considered if major deficiencies are indicated. This determination shall be documented in the case file. b. Investigations of formal, PSM-related complaints and referrals in establishments in all other SIC codes shall normally be limited to the complaint item(s) only, unless violations related to the complaint or referral items are found. 4. Responses to Accidents and Catastrophes. Responses to accidents and catastrophes involving PSM shall follow the guidelines contained in Chapter VIII of the FOM and--where appropriate--in OSHA Instruction CPL 2.94, "OSHA Response to Significant Events of Potentially Catastrophic Consequence," in addition to the guidelines of this instruction. If the workplace is classified in one of the SIC codes listed at Appendix C of this instruction, a PQV inspection shall be considered; the reasons for the determination shall be documented in the case file. 5. All Other Inspections. Normally, there shall be no PSM-related activity on any inspection other than those described at H.l. through H.4., above. I- Inspection Resources. Appropriate levels of staff training and preparation are essential for compliance activities relating to the PSM standard. In particular, it is anticipated that PQV inspections will be highly resource intensive; they will therefore require careful planning and coordination. The recommendations included as Appendix G of this instruction may be used as a guide for such planning. 1. PQV Team Leaders ("Level One"). Only trained compliance safety and health officers (CSHOs) with experience in the chemical industry shall be assigned to lead a PQV inspection under this standard. a. As a minimum, this training must include the OSHA Training Institute's Course 330, "Safety and Health in the Chemical Processing Industries," and Course 340, "Hazard Analysis in the Chemical Processing Industries," or equivalent training 6 ABD00030118 OSHA Instruction CPL 2-2.45A . ` . .V Directorate of Compliance Programs such as that offered by the National Institute of Standards and Technology. NOTE: Due to a significant change in course content, completion of Course 330 prior to Fiscal Year 1991 does not meet this requirement for PQV team leaders. b. Team leaders must have prior experience in the chemical industry. This experience should include experience obtained from accident/explosion investigations in chemical or petrochemical plants, through previous chemical inspections involving process safety management evaluation, or through previous chemical industry employment. 2. PQV Team Members ("Level Two") . CSHOs may be assigned as PQV team members, or to conduct unprogrammed inspections in workplaces in the targeted SIC codes listed in Appendix C of this instruction, if they have 2 years of OSHA inspection experience or the equivalent and have completed Course 330, "Safety and Health in the Chemical Processing Industries" (including offerings of this course prior to Fiscal Year 1991) ^nd Course 340, "Hazard Analysis in the Chemical Processing Industries." 3. CSHOs With Less Training. Complaint and other unprogrammed inspections pertaining to some sections of the standard may be conducted by CSHOs who do not have the training and experience described at 1.1. or 1.2., above, but who are experienced in evaluating other programmatic standards such as hazard communication and lockout/tagout and in evaluating respirator programs. a. The following sections of 29 CFR 1910.119 may be appropriately evaluated by such CSHOs: (C) Employee participation. (g) Training. (h) Contractors. (*) Hot work permits. (m) Incident investigation. 7 ABD00030119 OSHA Instruction CPL 2-2.45A Directorate of Compliance Programs (n) Emergency planning and response. b. Such CSHOs shall make full utilization of Technical Support resources at the Regional Office and National Office levels in arriving at decisions regarding compliance or noncompliance. c. Nevertheless, to the extent possible, Area Directors shall attempt to utilize CSHOs with experience and training in the chemical industry to perform such unprogrammed inspections. 4. State Plan States. Each State shall have one or more CSHOs trained to meet the requirements for PQV team leaders and an appropriate number of qualified team members. OSHA will provide technical assistance, as needed, through the Regional Office,. Health Response Team, and the Office of Construction and Engineering. J. PQV Inspection Scheduling. Due to the resource-intensive nature of inspections for compliance with the PSM standard, the Agency will be able to perform only a limited number of PQV inspections (as described at K. and L. of this instruction) each year. A special targeting and scheduling system is therefore necessary to maximize the effective use of inspection resources. 1. Targeting. OSHA wishes to make the most effective use of its limited resources, and therefore will use the factors listed below in determining the SIC codes to be inspected. OSHA will select the SICs that have experienced the greatest number of accidents/incidents as determined from these three sources: a. Published insurance industry repgrts of major accidents/incidents. b. IMIS data, including the OSHA-170 Investigation Summary File. c. EPA Accident Release Information Program (ARIP) data. 2. Current Targeted SICs. A list of targeted SIC codes based on current data, as described at J.I., is included as Appendix C of this instruction. This Appendix may be updated periodically. 8 ABD00030120 OSHA Instruction CPL 2-2.45A ,V ' H ^ Directorate of Compliance Programs 3. Scheduling. PQV inspections shall be scheduled as follows: a. Using the list of SICs determined as described at J.l. above, the Office of Statistics shall annually create an initial list including all known establishments within each of the identified SICs for each Region. This list shall be organized by establishment, by establishment size, by corporate identity (as determined through a commercially available source), and by State. b. The Directorate of Compliance Programs shall forward the initial lists to the appropriate Regions. c. Within 30 day^ of receipt of the initial list, each Region shall select five candidates for a PQV inspection and shall forward the resulting list, together with documentation supporting the selections, to the Directorate of Compliance Programs. The Regions shall base their selection on such factors as: (1) Number of employees at the facility. (2) Age of the facility. (3) Known toxicity of chemicals used in the facility's processes. (4) Frequency of media reports of releases or other incidents at the facility. (5) Local EPA information. (6) Past OSHA history of the facility, including complaints received and/or followup inspections due. (7) Information from local/municipal fire departments. NOTE: The Regions need not make a determination on each of these factors for each establishment on their initial list; however, their selections for 9 ABD00030121 OSHA Instruction CPL 2-2.45A Directorate of Compliance Programs candidates shall be thoroughly documented. d. Beginning with Fiscal Year 1994, Regional Administrators shall provide to each State designee a copy of the establishment list within their State. Each State shall nominate one establishment for a PQV inspection or provide an explanation of why a PQV inspection should not be scheduled in their State. Regional Administrators shall include these candidates with their regional submission (i.e., in addition to the five candidates submitted by each Region) to the Directorate of Compliance Programs, together with their assessment and recommendation as to whether the State's candidate should be included in the national selection and as to the State's degree of readiness to conduct the inspection independently. e. Within 60 days of the receipt of the candidate lists from the Regions, the Directorate of Compliance Programs shall notify each Region of the final list of establishments from which PQV inspections are to be scheduled. (1) The selections for the Regional lists shall be made by the Directorate of Compliance Programs in coordination with the Office of Field Programs. The selections shall be based on: (a) Emphasis on a corporate approach, to give inspection priority to the maximum number of different corporations, rather than targeting multiple inspections in the same corporation; and (b) Regional resources and inspection goals; and (c) Overall Agency resources. (3) Inspection goals (actual numbers) are to be set in the annual Field Operations Program Plan between Regions and the Office of Field Programs. 10 ABD00030122 OSHA Instruction CPL 2-2.45A Directorate of Compliance Programs (4) The number of establishments selected may vary from Region to Region, because OSHA plans to focus more PQV inspections in Regions with higher concentrations of highhazard industries affected by the standard. (5) The selections from the States' list shall be coordinated with the Office of State Programs. Regional Administrators shall include full discussion and coordination with the affected States. 4. Deletion Criteria. An establishment shall be deleted from the list if it: a. Has received a substantially complete systems safety inspection or PQV inspection within the current or the preceding 5 calendar years; or b. Is included in a corporate settlement agreement requiring' appropriate management systems for process safety; or c. Is a VPP participant; or d. Is a corporate, office/headquarters and is not engaged in actual production or physical research operations; or e. Is not covered because of exclusions in the PSM standard; or f. Has been the subject of a PSM-related inspection (complaint or referral) in the preceding year during which PSM programs were screened and a referral for a PQV inspection was not made. NOTE: Determination for deletion shall be made initially, to the extent possible, at the National Office level when the list is prepared; and/or subsequently, as necessary, at the Regional Office level based on local knowledge (e.g., recent inspections, Area Office screening, State Manufacturers' Guide). 5. Local Emphasis Programs. Some Regions may have relatively few establishments in the targeted SIC codes 11 ABD00030123 OSHA Instruction CPL 2-2.45A Directorate of Compliance Programs listed in Appendix C. Regional Administrators therefore may propose a Local Emphasis Program to direct Regional PSM inspections resources to industry types that may not be covered by the targeted SIC codes. Such Local Emphasis Programs shall be submitted to the Directorate of Compliance Programs for approval in accordance with the FOM, Chapter II. K. Scope of POV Inspection. Comprehensive inspections under the PSM standard shall evaluate the procedures used by the employer and the process-related contract employers to manage the hazards associated with processes using highly hazardous chemicals. Normally, these inspections will embody a three-fold approach, which for reference is termed Program-Quality-Verification (PQV). 1. First, the employer's and the contract employers' Program for complying with each of the listed elements of. the PSM standard shall be evaluated in accordance with the PSM Audit Guidelines contained in Appendix A of this instruction. (See also M. of this instruction.) 2. Second, the Quality of the employer's and the contract employers' procedures shall be compared to acceptable industry practices as described in the standard to determine compliance. 3. Third, Verification of the employer's and the contract employers' effective implementation of the program can be made through review of written programs and records of activity, interviews with employees at different levels, and observation of site conditions. The team leader shall select one or more processes as described at L.7. of this instruction to perform the verification portion of the inspection. L. POV Inspection Procedures. The procedures given in the FOM, Chapter III, shall be followed except as modified in the following sections: 1. Opening Conference. Where appropriate, the facility safety and health director, Process Safety Manager, or other person capable of explaining the company's Process Safety Management Program shall be included in the opening conference. 12 ABD00030124 OSHA Instruction CPL 2-2.45A r . ' i Directorate of Compliance Programs a. During the opening conference, CSHOs shall familiarize themselves with the establishment's emergency response procedures and emergency alarms. b. CSHOs shall also request that the management representative(s) provide them with a reasonably detailed overview of the chemical process at the facility, including block diagrams indicating chemicals and processes involved. 2. PSM Overview. Prior to beginning the walkaround inspection, the CSHOs shall request an explanation of the company's Process Safety Management Program including, at a minimum: a. How the elements of the standard are implemented; b. Personnel designated as responsible for implementation of the various elements of the standard; and c. A description of company records used to verify compliance with the standard. (See also Appendix E of this instruction.) 3. Initial Walkaround. After this familiarization, the inspection may begin with a brief walkaround inspection of those portions of the facility within the scope of the standard. Additional walkaround activity may be necessary after selection of the process unit(s). The purpose of the initial walkaround is to: \ a. Give CSHOs a basic overview of the facility operations; b. Allow CSHOs to observe potential hazards such as pipework in risk of impact, corroded or leaking equipment, unit or control room siting, and location of relief devices; and c. Solicit input from the employee representative concerning potential PSM program deficiencies. 4. Personal Protective Equipment. In addition to normal inspection protective equipment, CSHOs conducting these inspections shall be provided with flame retardant coveralls for protection from flash fires and with 13 ABD00030125 OSHA Instruction CPL 2-2.45A j " u --`Ac Directorate of Compliance Programs NIOSH-approved emergency escape respirators for use during any emergency conditions, a. CSHOs shall wear flame-retardant coveralls in all areas of the plant where there is potential for flash fires and as may be required by company policy. NOTE: Clothing made of hazardous synthetic fabrics should not be worn underneath flame-retardant coveralls. b. CSHOs shall carry emergency escape respirators, when necessary, during the walkaround portion(s) of the inspection. CSHOs conducting these inspections shall have received proper training in the use of emergency escape respirators. c. CSHOs shall be provided with appropriate alert monitors (e.g., HCN, Cl2) where such devices are necessary. d. CSHOs shall ensure that any still cameras and/or video cameras are intrinsically safe for use in the process areas being inspected. 5. Documentation to be Requested--General and ProcessRelated . At the conclusion of the opening conference, the CSHO shall request access to or copies of the documents listed at L.5.a. through L.5.m. below. Initially, to expedite the inspection process, only access to documents should be requested. During the inspection, as potential violations of the standard are observed, copies of the written documentation described below shall be requested to substantiate citations. a. OSHA 200 Logs for the past 3 years for both the employer and all process-related contractor employer(s). b. Employer's written plan of action regarding the implementation of employee participation. c. Written process safety information for the unit(s) selected (see L.7.), if available, such as flow diagrams, piping and instrumentation diagrams (P&ID's), and process narrative descriptions. 14 ABD00030126 OSHA Instruction CPL 2-2.45A -rc / h. Directorate of Compliance Programs NOTE: The employer is required to compile process safety information on a schedule consistent with the employer's schedule for conducting the process hazard analyses (PHA). d. Documented priority order and rationale for conducting process hazard analyses; copies of any process hazard analyses performed after May 25, 1987; team members; actions to promptly address findings; written schedules for actions to be completed; documentation of resolution of findings; documentation verifying communication to appropriate personnel; and 5-year revalidation of original PHA required by standard. e. Written operating procedures for safely conducting activities in each selected unit; annual certification that operating procedures are current and accurate; written procedures describing safe work practices for potentially hazardous operations, including (but not limited to) lockout/tagout, confined space entry, lifting equipment over process lines, capping over ended valves, opening process equipment or piping, excavation, and control over entrance into a facility of maintenance, laboratory, or other support personnel. f. Training records for initial and refresher training for all employees in the selected unit(s) whose duties involve operating a process; methods for determining the content of the training; methods for determining frequency of refresher training; certification of required knowledge, skills, and abilities to safely perform job for employees already involved in operating a process on May 26, 1992, who have not received initial training; and training material. g. Pre-startup safety review for new facilities and for modified facilities when the modification is significant enough to require a change in the process safety information; documentation of employee training. h. Written procedures and schedules to maintain the ongoing integrity of process equipment; the 15 ABD00030127 OSHA Instruction CPL 2-2.45A ^ \4 Directorate of Compliance Programs relevant portions of applicable manufacturers' instructions, codes, and standards; and inspection and tests performed on process equipment in the unit(s)^ selected. i. Hot work permit program and active permits issued for the unit(s) selected. j. Written procedures' to manage change to process chemicals, technology, equipment and procedures; and changes to facilities that affect a covered process. k. Incident investigation reports for the unit(s) selected, resolutions and corrective actions. l. Written emergency action plan including procedures for handling small releases and evidence of compliance with 1910.120(a), (p), and (q), where applicable. m. The two most recent compliance audit reports, appropriate responses to each of the findings, and verifications that deficiencies have been corrected. 6. Documentation to be Requested--Contractor-Related. The following information relating to contractor compliance shall be requested: a. Documentation from Employer: (1) Information relating to contract employers' safety performance and programs; (2) Methods of informing contract employers of known potential hazards related ta contractor's work and the process and applicable provisions of the emergency action plan; (3) Safe work practices to control the entrance, presence and exit of contract employers and contract employees in covered process areas; (4) Evaluation of contractor employer performance in fulfilling responsibilities required by the standard; 16 ABD00030128 OSHA Instruction CPL 2-2.45A Dlrectorate of Compliance Programs (5) Contract employee injury and illness logs related to work in process areas; and (6) A list of unique hazards presented by contractors' work or hazards found in the workplace that have been reported to the employer. b. Documentation from Contract Employer: (1) Records showing employees receive training in and understand safe work practices related to the process on or near which they will be working to perform their jobs safely; (2) Known potential fire, explosion or toxic release hazards related to job, and applicable provisions of emergency action plan; and (3) A list of unique hazards presented by contractors' work or hazards found in the workplace that have been reported to the employer. NOTE: The documentation described at L.5. and L.6.a. may also be required of the contract employer, depending on the scope of the contract employer's activities. 7 Selection of Processfes). The team leader shall select one or more processes within which to evaluate compliance with the standard. This selection shall be based on the factors listed below, and shall be documented in the case file: a. Factors observed during the walkthrough; b. Incident reports and other history; c. Company priorities for or completed process hazard analyses (PHA); d. Age of the process unit; e. Nature and quantity of chemicals involved; f. Employee representative input; 17 ABD00030129 OSHA Instruction CPL 2-2.45A Directorate of Compliance Programs g. Current hot work, equipment replacement, or other maintenance activities; and h. Number of employees present. M. Compliance Guidelines for Specific Provisions of 29 CFR 1910.119. Guidelines for assessing compliance with the provisions of the PSM standard are provided in Appendix A of this instruction. 1. CSHOs shall use the guidance contained in Appendix A during all enforcement activities related to the PSM standard. 2. Clarifications and interpretations are provided in Appendix B of this instruction.. Appendix B (or a subsequent revision) shall normally be the first point of reference in interpreting 29 CFR 1910.119. NOTE: Appendix B will be updated on an ongoing basis through page changes to this instruction, as more interpretations are developed. CSHOs must therefore take care to ensure that their reference copies are up-todate . N. Citations. Citations for violations of the PSM standard shall be issued in accordance with the FOM, Chapters IV and V, with the following additional directions: 1. Classification. The requirements of the PSM standard are intended to eliminate or mitigate the consequences of releases of highly hazardous chemicals. The provisions of the standard present closely inter related requirements, emphasizing the application of management controls when addressing the risks associated with handling or working near hazardous chemicals. a. Any violation of the PSM standard, therefore, is a condition which could result in death or serious physical harm to employees. b. Accordingly, violations of the PSM standard shall normally not be classified as "other-thanserious." 18 ABD00030130 OSHA Instruction CPL 2-2.45A Directorate of Compliance Programs 2. Use of Appendix A. Appendix A, PSM Audit Guidelines, is constructed as a series of questions relating to each of the pertinent provisions of the standard. a. The questions are designed to elicit a determination of "Yes" or "No" by the CSHO as to whether compliance with the provision has been met. b. A determination of "No" for any provision indicates noncompliance; thus, any "No" shall normally result in a citation for a violation of that provision. c. The CSHO shall thoroughly document each such determination in the case file. O. Non-Mandatorv Appendices to this Instruction. This instruction contains two non-mandatory appendices that are designed to provide additional compliance assistance. 1. Appendix E, Recommended Health Care Management Program Components for Process Safety Management, is still being developed and is designated as "Reserved." 2. Appendix G, Recommended Guidelines for PQV Inspection Preparation, is intended as an aid to Regional and Area Offices in planning resources for PQV and other PSMrelated inspections. P. Evaluation. Each Region shall develop a preliminary evaluation of the effectiveness of this program and submit it to the Directorate of Compliance Programs no later than September 30, 1993. The report shall include, at a minimum, the following items: 1. The utility of the PSM audit guidelines used in Appendix A. 2. An assessment of the accuracy of targeting information. 3. An estimate of total resources (CSHO, supervisory, administrative and legal) that were required to conduct each inspection. 19 ABD00030131 OSHA Instruction CPL 2-2.45A *. , 0 ^ Directorate of Compliance Programs Q. Recording in IMIS. Information about PSM-related inspections shall be recorded in IMIS following current instructions given in the IMIS manual. Refer to Appendix H of this instruction for additional guidance. --"C t ^^ -- Dorothy L. Strunk Acting Assistant Secretary DISTRIBUTION: National, Regional, and Area Offices All Compliance Officers State Designees NIOSH Regional Program Directors 7(c)(1) Consultation Project Managers OSHA Training Institute 20