OSHA s PSM Covered Chemical Facility National Emphasis Program Jim Lay, PE OSHA Office of Chemical Process Safety
Chem NEP - Background One year pilot emphasis program initiated May, 2009 in Regions I, VII, X for programmed inspections, Nationwide for unprogrammed inspections (CPL-02-09-06) serious incidents complaints referrals Pilot renewed for a second year into 2011 Extended administratively until fully national program became effective on 29NOV2011 2
Chem NEP - Background The pilot ChemNEP was informed by Agency experience with the Refinery NEP Comprehensive PSM inspections are very resource intensive - ~1,000 OSHA hours per refinery inspection, even limited to one or two units 3-6 months / inspection Also required significant company resources Limited number of total facilities to be inspected (Federal jurisdiction refineries less VPP facilities) = 63 inspected refineries 3
Chem NEP - Approach PSM covered non-refinery facilities are extremely numerous & diverse, e.g., from ammonia refrigeration to gas plants to major petrochemical Inspection of more than a small fraction of all facilities not feasible Ongoing NEP no specified end date Pop Quiz approach taken versus Refinery NEP comprehensive 4
Chem NEP - Approach 15 generally yes/no questions with detailed compliance guidance Guidance to improve consistency across inspections Includes uggested citation elements and reference RAGAGEP All are dynamic (unpublished) questions that change periodically To improve audit effectiveness with limited number of questions 5
Chem NEP - Approach Targeting based on RMP Program 3 sites, plus explosive manufacturers, facilities with prior PSM citations, and local knowledge (both additions and deletions) Targeting lists developed at Regional and/or Area Office level 3-5 programmed inspections/year/area office averaged across each Region Some AOs will have more, some may have none Inspections are randomized from target lists 6
Chem NEP - Approach State plan participation is now required Can adopt Federal program or develop one that is equally protective CSHO s must confirm abatement of PSM citations that required abatement going back six years 7
Chem NEP - Status Unprogrammed inspections under the new National NEP continuing nationwide Evaluating need for additional CSHO training sessions 8
Pilot ChemNEP - Summary 259 inspections attempted, 229 opened 59% Programmed under the NEP 41% Unprogrammed, including complaints, referrals, follow-up, and monitoring inspections 11.6% of total attempted (30) were no-inspection (not operating, or no covered process) 24.5% (56) of opened inspections found incompliance (inspected, no citations) 9
Pilot ChemNEP - Summary 173 Pilot inspections issued citations Average 8.4 citations per inspection with citations Average $31,587 in proposed penalties per inspection with citations 10
>60 standards cited: Pilot ChemNEP - Summary 5 major standards categories 1910 General Industry 1904 Record Keeping 5a1 General Duty 1926 Construction 1903 Inspections (abatement verification) 1,487 total proposed violations $5,464,553 total proposed penalties Overwhelming majority of violations under 1910 - General Industry (>90%%) 11
Pilot ChemNEP - Summary Description # Cum % 1910.119 Process Safety Management 891 59.9 1910.147 Lockout / Tagout 55 63.6 1910.120 Haz Waste & Emergency Response 47 66.8 1910.134 Respiratory Protection 36 69.2 1904.029 Forms (Record Keeping) 31 71.3 1910.023 Guarding Openings 31 73.4 1910.305 Electrical 22 74.8 1910.1200 HazCom 19 76.3 1910.146 Permit Req d Confined Space 19 77.5 1910.151 Medical Services & First Aid 19 78.8 1910.212 Machine Guarding 19 80.1 5a1 General Duty 18 81.3 12
Pilot Top 1910 Standards Violated 4.0% 90% 3.5% 3.0% 2.5% 2.0% 1.5% 1.0% 0.5% 80% 70% 60% 50% 40% 30% 20% 10% 0.0% 0% 1910.147 1910.12 1910.134 1910.029 1910.023 1910.305 1910.1200 1910.146 1910.151 1910.212 5a1 1904.032 1910.132 All standards general industry unless otherwise noted. PSM = 59.9% of total violations 13
Pilot Inspections Facility Type Unprogrammed Inspections - 41% <2% 8% 37% 53% Chlorine Contractor NH3 Refrigeration Other 14
Pilot Inspections Facility Type Total Inspections 3% 9% 41% 47% Chlorine Contractor NH3 Refrigeration Other 15
Element Pilot Citations by PSM Element Description % of PSM Citations Cumulative % j Mechanical Integrity 23.2% 23.2% d Process Safety Information 20.9% 44.1% e Process Hazard Analysis 15.8% 59.9% f Operating Procedures 14.0% 74.0% l Management of Change 5.5% 79.5% o Compliance Audits 4.5% 84.0% g Training 3.8% 87.8% h Contractors 3.4% 91.1% c Employee participation 2.8% 93.9% m Incident Investigation 2.6% 96.5% n Emergency Planning & Response 1.8% 98.3% i Pre-startup Review 1.1% 99.4% k Hot Work 0.6% 100.0% 16
Pilot Citations by PSM Element 25% 120% 20% 15% 10% 5% 100% 80% 60% 40% 20% 0% j d e f l o g h c m n i k 0% 17
Top Pilot Citations by PSM Sub-element Sub-element Description % All Citations Cumulative % 119(d)(3)(ii) PSI RAGAGEP 7.0% 7.0% 119(j)(2) MI written procedures 6.7% 13.7% 119(j)(5) MI equipment deficiencies 3.7% 17.4% 119(l)(1) Management of Change dev & imp 3.7% 21.1% 119(j)(4)(i) MI I&T performed 3.6% 24.7% 119(e)(5) PHA findings & recommendations 3.5% 28.2% 119(d)(3)(i)(B) PSI P&IDs 3.4% 31.5% 119(o)(1) Compliance Audits performed / certified 3.0% 34.6% 119(j)(4)(iii) MI I&T frequency 2.7% 37.3% 119(e)(3)(i) PHA Hazards of the Process 2.5% 39.7% 119(e)(1) PHAs performed 2.2% 42.0% 119(f)(1) OP Developed & Implemented 2.2% 44.2% 119(f)(3) OP annually certified 2.2% 46.5% 119(j)(4)(ii) MI I&T follow RAGAGEP 2.0% 48.5% 18
Top Pilot Citations by PSM Sub-element 8% 60% 7% 6% 5% 50% 40% 4% 30% 3% 2% 1% 20% 10% 0% 0% 119(d)(3)(ii) 119(j)(2) 119(j)(5) 119(l)(1) 119(j)(4)(i) 119(e)(5) 119(d)(3)(i)(B) 119(o)(1) 119(j)(4)(iii) 119(e)(3)(i) 119(e)(1) 119(f)(1) 119(f)(3) 119(j)(4)(ii) 19
National ChemNEP Status Effective November 29, 2011 Initial roll-out slowed by need to develop target lists with local knowledge Rate of inspections accelerating 197 inspections opened as of November 9, 2012 95 programmed 102 unprogrammed Total of 508 violations (breakdown not available) 20
Gas Plant Inspections 2007-2012 NAICS 211112 Natural Gas Liquid Extraction 24 inspections Only 2 of these inspections under the ChemNEP (one has issued) By Region: R3 2 (8%) R5 1 (4%) R6 11 (46%) R7 1 (4%) R8 9 (38%) 21
Fed OSHA Gas Plant Inspections 1/3 programmed 2/3 unprogrammed 38 citations issued 46 instances (some grouped) 11 Standards + 5a1 (general duty) cited Proposed penalties of $125,350 4 fatalities 2 struck-by 1 fall 1 fire & explosion 22
Gas Plant Standards Cited Standard Total Serious OTS 1910 119 PSM 16 15 1 5a1 General Duty 7 7 0 1910 146 PRCS 5 1 4 1910 1030 Bloodborne Pathogens 5 5 0 1910 147 LOTO 4 1 3 1910 132 PPE 3 2 1 1910 30X Electrical (Sub-part S) 2 1 1 1910 106 Flammable & Combustible Liquids 2 2 0 1910 23 Guarding Openings and Holes 1 0 1 1910 29 Manually Propelled Towers 1 0 1 1910 151 First Aid 1 0 1 1910 212 Machine Guarding 1 1 0 48 35 13 23
Gas Plant PSM Sub-elements Cited General D02 ID PSI, Safe U&L limits D02 IE PSI, Consequnces of Dev D03 IB PSI, P&IDs E03 IV PHA, Consequences of Failure of Controls E05 PHA, System to address findings E06 PHA, Revalidation F01 I SOP, Operating phases F01 IA SOP, Initial startup F01 ID SOP, Emergency shutdown F04 SOP, Safe work practices I02 II PSR, Procedures in place & adequate J03 MI, Training J06 I MI, QA, Equipment suitable for process L02 III MOC, Op procedures 24 M05 II, System to address findings
State Plan Gas Plant Inspections 16 Total, 10 programmed, 6 unprogrammed 36 citations issued Proposed penalties of $15,774 By Region: R4 1 (6%) R5 2 (12%) R6 1 (6%) R8 6 (37%) R9 5 (33%) R10 1 (6%) 25
Any Questions?? Jim Lay, PE Federal OSHA Directorate of Enforcement Programs Office of Chemical Process Safety & Enforcement Initiatives 202.693.1827 Lay.Jim@dol.gov 26