## 354 29 CFR Ch. XVII (7–1–13 Edition) §§ 1910.112–1910.113

marked in accordance with DOT regulations.

(6) Farm vehicles. (i) Farm vehicles shall conform with State regulations.

(ii) All trailers shall be securely attached to the vehicle drawing them by means of drawbars supplemented by suitable safety chains.

(iii) A trailer shall be constructed so that it will follow substantially in the path of the towing vehicle and will not whip or swerve dangerously from side
to side.

(iv) All vehicles shall carry a can containing 5 gallons or more of water.

(h) Systems mounted on farm vehicles for the application of ammonia. (1) This paragraph applies to systems utilizing containers of 250 gallons capacity or
less which are mounted on farm vehicles (implement of husbandry) and used for the application of ammonia to thesoil. Paragraph (b) of this section applies to this paragraph unless otherwise noted. Where larger containers are used, they shall comply with paragraph (g) of this section.

(2) Design pressure and classification of
containers. (i) The minimum design pressure for containers shall be 250 p.s.i.g.

(ii) The shell or head thickness of any container shall not be less than
three-sixteenths inch.

(3) Mounting of containers. All containers and flow-control devices shall be securely mounted.

(4) Container valves and accessories. (i)Each container shall have a fixed liquid-level gage.

(ii) The filling connection shall befitted with a combination back-pressure check valve and an excess-flowvalve; one double or two single backpressure check valves: or a positive shutoff valve in conjunction with an internal back-pressure check valve or
an internal excess-flow valve.

(iii) The applicator tank may be filled by venting to open air provided
the bleeder valve orifice does not exceed seven-sixteenths inch in diameter.

(iv) Regulation equipment may beconnected directly to the tank coupling or flange, in which case a flexible
connection shall be used between suchregulating equipment and the remainder of the liquid withdrawal system. Regulating equipment not so installed shall be flexibly connected to the container shutoff valve.

(v) No excess flow valve is required in the liquid withdrawal line provided thecontrolling orifice between the contents of the container and the outlet of
the shutoff valve does not exceed
seven-sixteenths inch in diameter.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49748, Oct. 24, 1978; 49 FR 5322, Feb. 10, 1984; 53 FR 12122, Apr. 12, 1988; 61 FR 9238, Mar. 7, 1996; 63 FR 1269, Jan. 8, 1998; 63 FR 33466, June 18, 1998; 72 FR 71069, Dec. 14, 2007]



### §§ 1910.112–1910.113 [Reserved]

§ 1910.119 Process safety management of highly hazardous chemicals.

Purpose. This section contains requirements for preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals. These releases may result in toxic, fire or explosion hazards.

(a) Application. (1) This section applies to the following:

(i) A process which involves a chemical at or above the specified threshold quantities listed in appendix A to this section;

(ii) A process which involves a Category 1 flammable gas (as defined in 1910.1200(c)) or a flammable liquid with a flashpoint below 100 ° F (37.8 ° C) on site in one location, in a quantity of 10,000 pounds (4535.9 kg) or more except
for:

(A) Hydrocarbon fuels used solely for workplace consumption as a fuel (e.g.,propane used for comfort heating, gasoline for vehicle refueling), if such fuels are not a part of a process containing another highly hazardous chemical covered by this standard;

(B) Flammable liquids with a flashpoint below 100 ° F (37.8 ° C) stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit of chilling or refrigeration.

(2) This section does not apply to: (i) Retail facilities;(ii) Oil or gas well drilling or servicing operations; or,

(iii) Normally unoccupied remote facilities.

(b) Definitions. Atmospheric tank means a storage tank which has been designed to operate at pressures from


## 355 Occupational Safety and Health Admin., Labor § 1910.119

atmospheric through 0.5 p.s.i.g. (pounds per square inch gauge, 3.45 Kpa).

Boiling point means the boiling point of a liquid at a pressure of 14.7 pounds per square inch absolute (p.s.i.a.) (760 mm.). For the purposes of this section,where an accurate boiling point is unavailable for the material in question,
or for mixtures which do not have a constant boiling point, the 10 percentpoint of a distillation performed in accordance with the Standard Method of
Test for Distillation of PetroleumProducts, ASTM D–86–62, which is incorporated by reference as specified in §1910.6, may be used as the boiling point of the liquid.

Catastrophic release means a majoruncontrolled emission, fire, or explosion, involving one or more highly hazardous chemicals, that presents serious danger to employees in the workplace.

Facility means the buildings, containers or equipment which contain a

process.

Highly hazardous chemical means a substance possessing toxic, reactive, flammable, or explosive properties and specified by paragraph (a)(1) of this
section.

Hot work means work involving electric or gas welding, cutting, brazing, orsimilar flame or spark-producing operations.

Normally unoccupied remote facility means a facility which is operated, maintained or serviced by employees who visit the facility only periodically to check its operation and to perform necessary operating or maintenance tasks. No employees are permanently stationed at the facility.

Facilities meeting this definition arenot contiguous with, and must be geographically remote from all other buildings, processes or persons.

Process means any activity involving a highly hazardous chemical includingany use, storage, manufacturing, handling, or the on-site movement of suchchemicals, or combination of these activities. For purposes of this definition,any group of vessels which are interconnected and separate vessels whichare located such that a highly hazardous chemical could be involved in a potential release shall be considered a single process. Replacement in kind means a replacement which satisfies the design specification.

Trade secret means any confidentialformula, pattern, process, device, information or compilation of information that is used in an employer’s business,and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it.
See Appendix E to §1910.1200—Definition of a Trade Secret (which sets out the criteria to be used in evaluating trade secrets).

(c) Employee participation. (1) Employers shall develop a written plan of action regarding the implementation of the employee participation required by this paragraph.

(2) Employers shall consult with employees and their representatives onthe conduct and development of process hazards analyses and on the development of the other elements of process safety management in this standard.

(3) Employers shall provide to employees and their representatives access to process hazard analyses and toall other information required to be developed under this standard.

(d) Process safety information. In accordance with the schedule set forth inparagraph (e)(1) of this section, the employer shall complete a compilation ofwritten process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employerand the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardouschemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, andinformation pertaining to the equipment in the process.

(1) Information pertaining to the hazards of the highly hazardous chemicals in the process. This information shall consist of at least the following:

(i) Toxicity information; (ii) Permissible exposure limits; (iii) Physical data;


## 356 29 CFR Ch. XVII (7–1–13 Edition) § 1910.119

(iv) Reactivity data: (v) Corrosivity data; (vi) Thermal and chemical stability data; and

(vii) Hazardous effects of inadvertent mixing of different materials that could foreseeably occur.

N OTE : Safety data sheets meeting the requirements of 29 CFR 1910.1200(g) may be used to comply with this requirement to the extent they contain the information required by this subparagraph.



### (2) Information pertaining to the technology of the process. (i) Informationconcerning the technology of the process shall include at least the following:

(A) A block flow diagram or simplified process flow diagram (see appendix B to this section);

(B) Process chemistry; (C) Maximum intended inventory; (D) Safe upper and lower limits for such items as temperatures, pressures, flows or compositions; and,

(E) An evaluation of the consequences of deviations, including those affecting the safety and health of employees.

(ii) Where the original technical information no longer exists, such information may be developed in conjunction with the process hazard analysisin sufficient detail to support the analysis.

(3) Information pertaining to the equipment in the process. (i) Information pertaining to the equipment in the process
shall include:

(A) Materials of construction; (B) Piping and instrument diagrams (P&ID’s);

(C) Electrical classification; (D) Relief system design and design basis;

(E) Ventilation system design;(F) Design codes and standards employed;

(G) Material and energy balances for processes built after May 26, 1992; and,

(H) Safety systems (e.g. interlocks, detection or suppression systems).

(ii) The employer shall documentthat equipment complies with recognized and generally accepted good engineering practices.

(iii) For existing equipment designed
and constructed in accordance with codes, standards, or practices that are no longer in general use, the employer shall determine and document that theequipment is designed, maintained, inspected, tested, and operating in a safe

manner.

(e) Process hazard analysis. (1) Theemployer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate,
and control the hazards involved in the process. Employers shall determine anddocument the priority order for conducting process hazard analyses based
on a rationale which includes such considerations as extent of the process hazards, number of potentially affectedemployees, age of the process, and operating history of the process. Theprocess hazard analysis shall be conducted as soon as possible, but not later than the following schedule:

(i) No less than 25 percent of the initial process hazards analyses shall be completed by May 26, 1994;

(ii) No less than 50 percent of the initial process hazards analyses shall be completed by May 26, 1995;

(iii) No less than 75 percent of the initial process hazards analyses shall be completed by May 26, 1996;

(iv) All initial process hazards analyses shall be completed by May 26, 1997.

(v) Process hazards analyses completed after May 26, 1987 which meet the requirements of this paragraph are acceptable as initial process hazardsanalyses. These process hazard analyses shall be updated and revalidated,based on their completion date, in accordance with paragraph (e)(6) of this
section.

(2) The employer shall use one or more of the following methodologies that are appropriate to determine and evaluate the hazards of the process being analyzed.

(i) What-If; (ii) Checklist; (iii) What-If/Checklist; (iv) Hazard and Operability Study (HAZOP):

(v) Failure Mode and Effects Analysis (FMEA);

(vi) Fault Tree Analysis; or(vii) An appropriate equivalent methodology.


## 357 Occupational Safety and Health Admin., Labor § 1910.119

(3) The process hazard analysis shall
address:

(i) The hazards of the process; (ii) The identification of any previous incident which had a likely potential for catastrophic consequences in the workplace;

(iii) Engineering and administrative controls applicable to the hazards andtheir interrelationships such as appropriate application of detection methodologies to provide early warning ofreleases. (Acceptable detection methods might include process monitoring
and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors.);

(iv) Consequences of failure of engineering and administrative controls;

(v) Facility siting; (vi) Human factors; and (vii) A qualitative evaluation of a range of the possible safety and healtheffects of failure of controls on employees in the workplace.

(4) The process hazard analysis shall be performed by a team with expertise in engineering and process operations,
and the team shall include at least one employee who has experience and knowledge specific to the process being evaluated. Also, one member of the team must be knowledgeable in thespecific process hazard analysis methodology being used.

(5) The employer shall establish a system to promptly address the team’s findings and recommendations; assure
that the recommendations are resolvedin a timely manner and that the resolution is documented; document whatactions are to be taken; complete actions as soon as possible; develop a
written schedule of when these actions are to be completed; communicate the actions to operating, maintenance andother employees whose work assignments are in the process and who may be affected by the recommendations or
actions.

(6) At least every five (5) years after the completion of the initial process hazard analysis, the process hazardanalysis shall be updated and revalidated by a team meeting the requirements in paragraph (e)(4) of this section, to assure that the process hazard analysis is consistent with the current

process. (7) Employers shall retain processhazards analyses and updates or revalidations for each process covered by this section, as well as the documented
resolution of recommendations described in paragraph (e)(5) of this section for the life of the process.

(f) Operating procedures (1) The employer shall develop and implementwritten operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements.

(i) Steps for each operating phase: (A) Initial startup; (B) Normal operations; (C) Temporary operations; (D) Emergency shutdown including the conditions under which emergencyshutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner.

(E) Emergency Operations; (F) Normal shutdown; and, (G) Startup following a turnaround, or after an emergency shutdown.

(ii) Operating limits: (A) Consequences of deviation; and (B) Steps required to correct or avoid
deviation.

(iii) Safety and health considerations:(A) Properties of, and hazards presented by, the chemicals used in the

process;

(B) Precautions necessary to preventexposure, including engineering controls, administrative controls, and personal protective equipment;

(C) Control measures to be taken if physical contact or airborne exposure

occurs;

(D) Quality control for raw materials
and control of hazardous chemical inventory levels; and,

(E) Any special or unique hazards. (iv) Safety systems and their functions

. (2) Operating procedures shall be readily accessible to employees who work in or maintain a process.

(3) The operating procedures shall bereviewed as often as necessary to assure that they reflect current operating practice, including changes thatresult from changes in process chemicals, technology, and equipment, and


## 358 29 CFR Ch. XVII (7–1–13 Edition) § 1910.119

changes to facilities. The employershall certify annually that these operating procedures are current and accurate.

(4) The employer shall develop andimplement safe work practices to provide for the control of hazards duringoperations such as lockout/tagout; confined space entry; opening process equipment or piping; and control overentrance into a facility by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.

(g) Training—(1) Initial training. (i) Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures asspecified in paragraph (f) of this section. The training shall include emphasis on the specific safety and healthhazards, emergency operations including shutdown, and safe work practices applicable to the employee’s job tasks.

(ii) In lieu of initial training for those employees already involved in operating a process on May 26, 1992, an employer may certify in writing thatthe employee has the required knowledge, skills, and abilities to safelycarry out the duties and responsibilities as specified in the operating procedures.

(2) Refresher training. Refresher training shall be provided at least everythree years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. The employer, in consultationwith the employees involved in operating the process, shall determine the appropriate frequency of refresher training.

(3) Training documentation. The employer shall ascertain that each employee involved in operating a process
has received and understood the training required by this paragraph. The employer shall prepare a record which contains the identity of the employee, the date of training, and the meansused to verify that the employee understood the training. (h) Contractors—(1) Application. Thisparagraph applies to contractors performing maintenance or repair, turnaround, major renovation, or specialtywork on or adjacent to a covered process. It does not apply to contractors providing incidental services which do not influence process safety, such asjanitorial work, food and drink services, laundry, delivery or other supply
services.

(2) Employer responsibilities. (i) The employer, when selecting a contractor,
shall obtain and evaluate informationregarding the contract employer’s safety performance and programs.

(ii) The employer shall inform contract employers of the known potential fire, explosion, or toxic release hazards
related to the contractor’s work and the process.

(iii) The employer shall explain tocontract employers the applicable provisions of the emergency action planrequired by paragraph (n) of this section.

(iv) The employer shall develop andimplement safe work practices consistent with paragraph (f)(4) of this section, to control the entrance, presence and exit of contract employers and contract employees in covered process

areas.

(v) The employer shall periodically evaluate the performance of contractemployers in fulfilling their obligations as specified in paragraph (h)(3) of
this section.

(vi) The employer shall maintain a contract employee injury and illness log related to the contractor’s work in

process areas.

(3) Contract employer responsibilities. (i) The contract employer shall assure that each contract employee is trainedin the work practices necessary to safely perform his/her job.

(ii) The contract employer shall assure that each contract employee is instructed in the known potential fire,explosion, or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency action plan.

(iii) The contract employer shall document that each contract employee
has received and understood the training required by this paragraph. The contract employer shall prepare a


## 359 Occupational Safety and Health Admin., Labor § 1910.119

record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training.

(iv) The contract employer shall assure that each contract employee follows the safety rules of the facility including the safe work practices required by paragraph (f)(4) of this section.

(v) The contract employer shall advise the employer of any unique hazards presented by the contract employer’s work, or of any hazards found by the contract employer’s work.

(i) Pre-startup safety review. (1) The employer shall perform a pre-startup safety review for new facilities and for
modified facilities when the modification is significant enough to require achange in the process safety information.

(2) The pre-startup safety reviewshall confirm that prior to the introduction of highly hazardous chemicals to a process:

(i) Construction and equipment is in accordance with design specifications;

(ii) Safety, operating, maintenance, and emergency procedures are in place and are adequate;

(iii) For new facilities, a process hazard analysis has been performed and
recommendations have been resolved or implemented before startup; andmodified facilities meet the requirements contained in management of change, paragraph (l).

(iv) Training of each employee involved in operating a process has been completed.

(j) Mechanical integrity—(1) Application. Paragraphs (j)(2) through (j)(6) of this section apply to the following process equipment:

(i) Pressure vessels and storage tanks;

(ii) Piping systems (including piping components such as valves);

(iii) Relief and vent systems and devices;

(iv) Emergency shutdown systems; (v) Controls (including monitoringdevices and sensors, alarms, and interlocks) and,

(vi) Pumps. (2) Written procedures. The employer shall establish and implement written procedures to maintain the on-going integrity of process equipment.

(3) Training for process maintenance
activities. The employer shall train each employee involved in maintaining theon-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee’s job tasksto assure that the employee can perform the job tasks in a safe manner.

(4) Inspection and testing. (i) Inspections and tests shall be performed on process equipment.

(ii) Inspection and testing procedures shall follow recognized and generally accepted good engineering practices.

(iii) The frequency of inspections andtests of process equipment shall be consistent with applicable manufacturers’ recommendations and good engineeringpractices, and more frequently if determined to be necessary by prior operating experience.

(iv) The employer shall document each inspection and test that has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name ofthe 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 testperformed, and the results of the inspection or test.

(5) Equipment deficiencies. The employer shall correct deficiencies in equipment that are outside acceptablelimits (defined by the process safety information in paragraph (d) of this section) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.

(6) Quality assurance. (i) In the construction of new plants and equipment,the employer shall assure that equipment as it is fabricated is suitable for the process application for which they
will be used.

(ii) Appropriate checks and inspections shall be performed to assure that equipment is installed properly and consistent with design specifications
and the manufacturer’s instructions.

(iii) The employer shall assure that maintenance materials, spare parts and equipment are suitable for the process application for which they will be used.


## 360 29 CFR Ch. XVII (7–1–13 Edition) § 1910.119

(k) Hot work permit. (1) The employer shall issue a hot work permit for hot work operations conducted on or near a covered process.

(2) The permit shall document thatthe fire prevention and protection requirements in 29 CFR 1910.252(a) have been implemented prior to beginningthe hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on whichhot work is to be performed. The permit shall be kept on file until completion of the hot work operations.

(l) Management of change. (1) The employer shall establish and implement written procedures to manage changes (except for ‘‘replacements in kind’’) toprocess chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process.

(2) The procedures shall assure thatthe following considerations are addressed prior to any change:

(i) The technical basis for the proposed change;

(ii) Impact of change on safety and health;

(iii) Modifications to operating procedures;

(iv) Necessary time period for the change; and,

(v) Authorization requirements for the proposed change.

(3) Employees involved in operating a process and maintenance and contractemployees whose job tasks will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of the process or affected part of the process.

(4) If a change covered by this paragraph results in a change in the processsafety information required by paragraph (d) of this section, such information shall be updated accordingly.

(5) If a change covered by this paragraph results in a change in the operating procedures or practices required by paragraph (f) of this section, suchprocedures or practices shall be updated accordingly.

(m) Incident investigation. (1) 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. (2) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the
incident.

(3) An incident investigation team
shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other personswith appropriate knowledge and experience to thoroughly investigate and analyze the incident.

(4) A report shall be prepared at the conclusion of the investigation which
includes at a minimum:

(i) Date of incident; (ii) Date investigation began; (iii) A description of the incident; (iv) The factors that contributed to the incident; and,

(v) Any recommendations resulting from the investigation.

(5) The employer shall establish a system to promptly address and resolvethe incident report findings and recommendations. Resolutions and corrective actions shall be documented.

(6) The report shall be reviewed with all affected personnel whose job tasksare relevant to the incident findings including contract employees where applicable.

(7) Incident investigation reports shall be retained for five years.

(n) Emergency planning and response.The employer shall establish and implement an emergency action plan for the entire plant in accordance with theprovisions of 29 CFR 1910.38. In addition, the emergency action plan shall include procedures for handling small releases. Employers covered under this standard may also be subject to thehazardous waste and emergency response provisions contained in 29 CFR 1910.120 (a), (p) and (q).

(o) Compliance Audits. (1) Employers shall certify that they have evaluated compliance with the provisions of this section at least every three years toverify that the procedures and practices developed under the standard are adequate and are being followed.

(2) The compliance audit shall be conducted by at least one person knowledgeable in the process.

(3) A report of the findings of the audit shall be developed.


## 361 Occupational Safety and Health Admin., Labor § 1910.119

(4) The employer shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that
deficiencies have been corrected.

(5) Employers shall retain the two (2) most recent compliance audit reports.

(p) Trade secrets. (1) Employers shall make all information necessary to comply with the section available to those persons responsible for compilingthe 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), thoseresponsible 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.

(2) Nothing in this paragraph shall preclude the employer from requiring the persons to whom the information is made available under paragraph (p)(1)
of this section to enter into confidentiality agreements not to disclose the
information as set forth in 29 CFR
1910.1200.

(3) Subject to the rules and procedures set forth in 29 CFR 1910.1200(i)(1) through 1910.1200(i)(12), employees and their designated representatives shall
have access to trade secret information contained within the process hazard analysis and other documents required to be developed by this standard.

A PPENDIX A TO §1910.119—L IST OF HIGHLY

HAZARDOUS C HEMICALS , T OXICS AND REACTIVES (MANDATORY)

This appendix contains a listing of toxic and reactive highly hazardous chemicals which present a potential for a catastrophic event at or above the threshold quantity.

CHEMICAL name CAS* TQ**

Acetaldehyde ....................................... 75–07–0 2500 Acrolein (2-Propenal) .......................... 107–02–8 150 Acrylyl Chloride ................................... 814–68–6 250 Allyl Chloride ....................................... 107–05–1 1000 Allylamine ............................................ 107–11–9 1000 Alkylaluminums .................................... Varies 5000 Ammonia, Anhydrous .......................... 7664–41–7 10000 Ammonia solutions (>44% ammonia

by weight) ........................................ 7664–41–7 15000 CHEMICAL name CAS* TQ**

Ammonium Perchlorate ....................... 7790–98–9 7500 Ammonium Permanganate .................. 7787–36–2 7500 Arsine (also called Arsenic Hydride) ... 7784–42–1 100 Bis(Chloromethyl) Ether ...................... 542–88–1 100
Boron Trichloride ................................. 10294–34–5 2500
Boron Trifluoride .................................. 7637–07–2 250
Bromine ............................................... 7726–95–6 1500
Bromine Chloride ................................. 13863–41–7 1500
Bromine Pentafluoride ......................... 7789–30–2 2500
Bromine Trifluoride .............................. 7787–71–5 150003–Bromopropyne (also called Propargyl Bromide) ............................... 106–96–7 100 Butyl Hydroperoxide (Tertiary) ............ 75–91–2 5000 Butyl Perbenzoate (Tertiary) ............... 614–45–9 7500 Carbonyl Chloride (see Phosgene) ..... 75–44–5 100 Carbonyl Fluoride ................................ 353–50–4 2500 Cellulose Nitrate (concentration

>12.6% nitrogen ............................... 9004–70–0 2500
Chlorine ............................................... 7782–50–5 1500
Chlorine Dioxide .................................. 10049–04–4 1000
Chlorine Pentrafluoride ........................ 13637–63–3 1000
Chlorine Trifluoride .............................. 7790–91–2 1000 Chlorodiethylaluminum (also called

Diethylaluminum Chloride) ............... 96–10–6 5000 1-Chloro-2,4-Dinitrobenzene ............... 97–00–7 5000 Chloromethyl Methyl Ether .................. 107–30–2 500 Chloropicrin ......................................... 76–06–2 500Chloropicrin and Methyl Bromide mixture ................................................... None 1500Chloropicrin and Methyl Chloride mixture ................................................... None 1500 Cumene Hydroperoxide ...................... 80–15–9 5000 Cyanogen ............................................ 460–19–5 2500 Cyanogen Chloride .............................. 506–77–4 500 Cyanuric Fluoride ................................ 675–14–9 100 Diacetyl Peroxide (Concentration

>70%) ............................................... 110–22–5 5000
Diazomethane ..................................... 334–88–3 500 Dibenzoyl Peroxide ............................. 94–36–0 7500
Diborane .............................................. 19287–45–7 100 Dibutyl Peroxide (Tertiary) .................. 110–05–4 5000 Dichloro Acetylene .............................. 7572–29–4 250
Dichlorosilane ...................................... 4109–96–0 2500 Diethylzinc ........................................... 557–20–0 10000 Diisopropyl Peroxydicarbonate ............ 105–64–6 7500 Dilaluroyl Peroxide .............................. 105–74–8 7500 Dimethyldichlorosilane ......................... 75–78–5 1000 Dimethylhydrazine, 1,1- ....................... 57–14–7 1000 Dimethylamine, Anhydrous ................. 124–40–3 2500 2,4-Dinitroaniline .................................. 97–02–9 5000 Ethyl Methyl Ketone Peroxide (also

Methyl Ethyl Ketone Peroxide; concentration >60%) .............................. 1338–23–4 5000 Ethyl Nitrite .......................................... 109–95–5 5000 Ethylamine ........................................... 75–04–7 7500 Ethylene Fluorohydrin ......................... 371–62–0 100 Ethylene Oxide .................................... 75–21–8 5000 Ethyleneimine ...................................... 151–56–4 1000
Fluorine ................................................ 7782–41–4 1000 Formaldehyde (Formalin) .................... 50–00–0 1000
Furan ................................................... 110–00–9 500
Hexafluoroacetone .............................. 684–16–2 5000 Hydrochloric Acid, Anhydrous ............. 7647–01–0 5000 Hydrofluoric Acid, Anhydrous .............. 7664–39–3 1000 Hydrogen Bromide .............................. 10035–10–6 5000 Hydrogen Chloride .............................. 7647–01–0 5000 Hydrogen Cyanide, Anhydrous ........... 74–90–8 1000 Hydrogen Fluoride ............................... 7664–39–3 1000 Hydrogen Peroxide (52% by weight or

greater) ............................................ 7722–84–1 7500 Hydrogen Selenide .............................. 7783–07–5 150 Hydrogen Sulfide ................................. 7783–06–4 1500 Hydroxylamine ..................................... 7803–49–8 2500 Iron, Pentacarbonyl ............................. 13463–40–6 250


## 362 29 CFR Ch. XVII (7–1–13 Edition) § 1910.119

CHEMICAL name CAS* TQ**

Isopropylamine .................................... 75–31–0 5000
Ketene ................................................. 463–51–4 100 Methacrylaldehyde .............................. 78–85–3 1000 Methacryloyl Chloride .......................... 920–46–7 150 Methacryloyloxyethyl Isocyanate ......... 30674–80–7 100 Methyl Acrylonitrile .............................. 126–98–7 250 Methylamine, Anhydrous ..................... 74–89–5 1000 Methyl Bromide ................................... 74–83–9 2500 Methyl Chloride ................................... 74–87–3 15000 Methyl Chloroformate .......................... 79–22–1 500Methyl Ethyl Ketone Peroxide (concentration >60%) .............................. 1338–23–4 5000 Methyl Fluoroacetate ........................... 453–18–9 100 Methyl Fluorosulfate ............................ 421–20–5 100 Methyl Hydrazine ................................. 60–34–4 100 Methyl Iodide ....................................... 74–88–4 7500 Methyl Isocyanate ............................... 624–83–9 250 Methyl Mercaptan ................................ 74–93–1 5000 Methyl Vinyl Ketone ............................ 79–84–4 100 Methyltrichlorosilane ............................ 75–79–6 500 Nickel Carbonly (Nickel Tetracarbonyl) 13463–39–3 150Nitric Acid (94.5% by weight or greater) ..................................................... 7697–37–2 500
Nitric Oxide .......................................... 10102–43–9 250 Nitroaniline (para Nitroaniline .............. 100–01–6 5000
Nitromethane ....................................... 75–52–5 2500 Nitrogen Dioxide .................................. 10102–44–0 250 Nitrogen Oxides (NO; NO 2 ; N204;

N203) ............................................... 10102–44–0 250Nitrogen Tetroxide (also called Nitrogen Peroxide) .................................. 10544–72–6 250 Nitrogen Trifluoride .............................. 7783–54–2 5000 Nitrogen Trioxide ................................. 10544–73–7 250 Oleum (65% to 80% by weight; also

called Fuming Sulfuric Acid) ............ 8014–95–7 1,000
Osmium Tetroxide ............................... 20816–12–0 100 Oxygen Difluoride (Fluorine Monoxide) 7783–41–7 100
Ozone .................................................. 10028–15–6 100
Pentaborane ........................................ 19624–22–7 100 Peracetic Acid (concentration >60%

Acetic Acid; also called Peroxyacetic Acid) ...................................... 79–21–0 1000 CHEMICAL name CAS* TQ**

Perchloric Acid (concentration >60%

by weight) ........................................ 7601–90–3 5000 Perchloromethyl Mercaptan ................ 594–42–3 150 Perchloryl Fluoride .............................. 7616–94–6 5000 Peroxyacetic Acid (concentration

>60% Acetic Acid; also called Peracetic Acid) ...................................... 79–21–0 1000Phosgene (also called Carbonyl Chloride) .................................................. 75–44–5 100 Phosphine (Hydrogen Phosphide) ...... 7803–51–2 100 Phosphorus Oxychloride (also called

Phosphoryl Chloride) ....................... 10025–87–3 1000 Phosphorus Trichloride ....................... 7719–12–2 1000 Phosphoryl Chloride (also called

Phosphorus Oxychloride) ................ 10025–87–3 1000 Propargyl Bromide ............................... 106–96–7 100 Propyl Nitrate ....................................... 627–3–4 2500
Sarin .................................................... 107–44–8 100
Selenium Hexafluoride ........................ 7783–79–1 1000 Stibine (Antimony Hydride) ................. 7803–52–3 500 Sulfur Dioxide (liquid) .......................... 7446–09–5 1000
Sulfur Pentafluoride ............................. 5714–22–7 250
Sulfur Tetrafluoride .............................. 7783–60–0 250 Sulfur Trioxide (also called Sulfuric

Anhydride) ........................................ 7446–11–9 1000 Sulfuric Anhydride (also called Sulfur

Trioxide) ........................................... 7446–11–9 1000
Tellurium Hexafluoride ........................ 7783–80–4 250 Tetrafluoroethylene .............................. 116–14–3 5000 Tetrafluorohydrazine ............................ 10036–47–2 5000 Tetramethyl Lead ................................ 75–74–1 1000 Thionyl Chloride .................................. 7719–09–7 250 Trichloro (chloromethyl) Silane ........... 1558–25–4 100 Trichloro (dichlorophenyl) Silane ......... 27137–85–5 2500
Trichlorosilane ..................................... 10025–78–2 5000 Trifluorochloroethylene ........................ 79–38–9 10000 Trimethyoxysilane ................................ 2487–90–3 1500

*Chemical Abstract Service Number. **Threshold Quantity in Pounds (Amount necessary to be covered by this standard).


## 363 Occupational Safety and Health Admin., Labor § 1910.119

A PPENDIX 

## B TO 

## § 1910.119—B LOCK 

## F LOW 

## D IAGRAM AND 

## S IMPLIFIED 

## PROCESS 

## F LOW 

## D IAGRAM 

## (N ONMANDATORY

## )


## 364 29 CFR Ch. XVII (7–1–13 Edition) § 1910.119

A PPENDIX C TO §1910.119—C OMPLIANCE GUIDE

LINES AND RECOMMENDATIONS FOR P ROCESS S AFETY MANAGEMENT (N ONMANDATORY)

This appendix serves as a nonmandatory guideline to assist employers and employees in complying with the requirements of thissection, as well as provides other helpful recommendations and information. Examples presented in this appendix are not the only means of achieving the performance goals in the standard. This appendix neither adds nordetracts from the requirements of the standard.

1. Introduction to Process Safety Management. The major objective of process safety management of highly hazardous chemicals is to prevent unwanted releases of hazardous chemicals especially into locations which could expose employees and others to serioushazards. An effective process safety management program requires a systematic approach to evaluating the whole process.Using this approach the process design, process technology, operational and maintenanceactivities and procedures, nonroutine activities and procedures, emergency preparedness plans and procedures, training programs, and other elements which impact the process are
all considered in the evaluation. The various lines of defense that have been incorporated into the design and operation of the processto prevent or mitigate the release of hazardous chemicals need to be evaluated and strengthened to assure their effectiveness at each level. Process safety management is the proactive identification, evaluation andmitigation or prevention of chemical releases that could occur as a result of failures in process, procedures or equipment.

The process safety management standard targets highly hazardous chemicals that


## 365 Occupational Safety and Health Admin., Labor § 1910.119

have the potential to cause a catastrophic
incident. This standard as a whole is to aidemployers in their efforts to prevent or mitigate episodic chemical releases that could lead to a catastrophe in the workplace and possibly to the surrounding community. To control these types of hazards, employersneed to develop the necessary expertise, experiences, judgement and proactive initiative within their workforce to properly implement and maintain an effective process safety management program as envisioned in
the OSHA standard. This OSHA standard is required by the Clean Air Act Amendments as is the Environmental Protection Agency’s Risk Management Plan. Employers, who merge the two sets of requirements into their process safety management program, will better assure full compliance with each as well as enhancing their relationship with the local community.

While OSHA believes process safety management will have a positive effect on the safety of employees in workplaces and also offers other potential benefits to employers (increased productivity), smaller businesses which may have limited resources availableto them at this time, might consider alternative avenues of decreasing the risks associated with highly hazardous chemicals at their workplaces. One method which might
be considered is the reduction in the inventory of the highly hazardous chemical. Thisreduction in inventory will result in a reduction of the risk or potential for a catastrophic incident. Also, employers including small employers may be able to establish more efficient inventory control by reducing the quantities of highly hazardous chemicalson site below the established threshold quantities. This reduction can be accomplishedby ordering smaller shipments and maintaining the minimum inventory necessary for efficient and safe operation. When reduced inventory is not feasible, then the employermight consider dispersing inventory to several locations on site. Dispersing storage
into locations where a release in one location will not cause a release in another location is a practical method to also reduce the risk or portential for catastrophic incidents.

2. Employee Involvement in Process Safety Management. Section 304 of the Clean Air Act Amendments states that employers are toconsult with their employees and their representatives regarding the employers efforts in the development and implementation ofthe process safety management program elements and hazard assessments. Section 304 also requires employers to train and educatetheir employees and to inform affected employees of the findings from incident investigations required by the process safety management program. Many employers, undertheir safety and health programs, have already established means and methods tokeep employees and their representatives informed about relevant safety and health issues and employers may be able to adapt these practices and procedures to meet their obligations under this standard. Employers who have not implemented an occupational safety and health program may wish to form a safety and health committee of employees and management representatives to help the employer meet the obligations specified by
this standard. These committees can become a significant ally in helping the employer to implement and maintain an effective processsafety management program for all employees.

3. Process Safety Information. Complete and accurate written information concerning process chemicals, process technology, and process equipment is essential to an effective process safety management program and to aprocess hazards analysis. The compiled information will be a necessary resource to a variety of users including the team that willperform the process hazards analysis as required under paragraph (e); those developingthe training programs and the operating procedures; contractors whose employees will be working with the process; those conducting the pre-startup reviews; local emergencypreparedness planners; and insurance and enforcement officials.

The information to be compiled about the chemicals, including process intermediates,needs to be comprehensive enough for an accurate assessment of the fire and explosioncharacteristics, reactivity hazards, the safety and health hazards to workers, and the corrosion and erosion effects on the process equipment and monitoring tools. Current safety data sheet (SDS) information can be used to help meet this requirement whichmust be supplemented with process chemistry information including runaway reaction and over pressure hazards if applicable.

Process technology information will be apart of the process safety information package and it is expected that it will include diagrams of the type shown in appendix B of this section as well as employer established criteria for maximum inventory levels for process chemicals; limits beyond which would be considered upset conditions; and a qualitative estimate of the consequences orresults of deviation that could occur if operating beyond the established process limits. Employers are encouraged to use diagrams which will help users understand the process.

A block flow diagram is used to show themajor process equipment and interconnecting process flow lines and show flow rates, stream composition, temperatures, and pressures when necessary for clarity.The block flow diagram is a simplified diagram.

Process flow diagrams are more complex
and will show all main flow streams including valves to enhance the understanding of


## 366 29 CFR Ch. XVII (7–1–13 Edition) § 1910.119

the process, as well as pressures and temperatures on all feed and product lines within all major vessels, in and out of headers and heat exchangers, and points of pressure and temperature control. Also, materials of construction information, pump capacities and pressure heads, compressor horsepower and vessel design pressures and temperaturesare shown when necessary for clarity. In addition, major components of control loops are usually shown along with key utilities on process flow diagrams.

Piping and instrument diagrams (P&IDs)may be the more appropriate type of diagrams to show some of the above details andto display the information for the piping designer and engineering staff. The P&IDs areto be used to describe the relationships between equipment and instrumentation as
well as other relevant information that willenhance clarity. Computer software programs which do P&IDs or other diagrams useful to the information package, may be used to help meet this requirement.

The information pertaining to process equipment design must be documented. Inother words, what were the codes and standards relied on to establish good engineeringpractice. These codes and standards are published by such organizations as the American Society of Mechanical Engineers, American Petroleum Institute, American NationalStandards Institute, National Fire Protection Association, American Society for Testing and Materials, National Board of Boilerand Pressure Vessel Inspectors, National Association of Corrosion Engineers, AmericanSociety of Exchange Manufacturers Association, and model building code groups.

In addition, various engineering societies issue technical reports which impact process design. For example, the American Instituteof Chemical Engineers has published technical reports on topics such as two phaseflow for venting devices. This type of technically recognized report would constitute good engineering practice.

For existing equipment designed and constructed many years ago in accordance with
the codes and standards available at that time and no longer in general use today, the employer must document which codes and standards were used and that the design andconstruction along with the testing, inspection and operation are still suitable for the intended use. Where the process technologyrequires a design which departs from the applicable codes and standards, the employermust document that the design and construction is suitable for the intended purpose.

4. Process Hazard Analysis. A process hazard analysis (PHA), sometimes called a processhazard evaluation, is one of the most important elements of the process safety management program. A PHA is an organized and systematic effort to identify and analyze the significance of potential hazards associated with the processing or handling of highlyhazardous chemicals. A PHA provides information which will assist employers and employees in making decisions for improvingsafety and reducing the consequences of unwanted or unplanned releases of hazardous
chemicals. A PHA is directed toward analyzing potential causes and consequences offires, explosions, releases of toxic or flammable chemicals and major spills of hazardous chemicals. The PHA focuses on equipment, instrumentation, utilities, human actions (routine and nonroutine), and external factors that might impact the process. Theseconsiderations assist in determining the hazards and potential failure points or failure modes in a process.

The selection of a PHA methodology or technique will be influenced by many factors including the amount of existing knowledge about the process. Is it a process that has been operated for a long period of time withlittle or no innovation and extensive experience has been generated with its use? Or, is it a new process or one which has beenchanged frequently by the inclusion of innovative features? Also, the size and complexity of the process will influence the decision as to the appropriate PHA methodology to use. All PHA methodologies are subject tocertain limitations. For example, the checklist methodology works well when the process is very stable and no changes are made, but it is not as effective when the processhas undergone extensive change. The checklist may miss the most recent changes andconsequently the changes would not be evaluated. Another limitation to be considered concerns the assumptions made by the team or analyst. The PHA is dependent on good judgement and the assumptions made duringthe study need to be documented and understood by the team and reviewer and kept for
a future PHA.

The team conducting the PHA need to understand the methodology that is going to be used. A PHA team can vary in size from two people to a number of people with varied operational and technical backgrounds. Some team members may only be a part of
the team for a limited time. The team leader needs to be fully knowledgeable in the proper implementation of the PHA methodology that is to be used and should be impartial in the evaluation. The other full or part time team members need to provide the team withexpertise in areas such as process technology, process design, operating proceduresand practices, including how the work is actually performed, alarms, emergency procedures, instrumentation, maintenance procedures, both routine and nonroutine tasks, including how the tasks are authorized, procurement of parts and supplies, safety and health, and any other relevant subject as the


## 367 Occupational Safety and Health Admin., Labor § 1910.119

need dictates. At least one team member must be familiar with the process.

The ideal team will have an intimateknowledge of the standards, codes, specifications and regulations applicable to the process being studied. The selected team members need to be compatible and the team leader needs to be able to manage the team, and the PHA study. The team needs to be able to work together while benefiting fromthe expertise of others on the team or outside the team, to resolve issues, and to forge a consensus on the findings of the study and
recommendations.

The application of a PHA to a process may involve the use of different methodologies for various parts of the process. For example, a process involving a series of unit operation of varying sizes, complexities, and ages mayuse different methodologies and team members for each operation. Then the conclusions can be integrated into one final study and evaluation. A more specific example is
the use of a checklist PHA for a standard boiler or heat exchanger and the use of a Hazard and Operability PHA for the overall process. Also, for batch type processes like custom batch operations, a generic PHA of a representative batch may be used where there are only small changes of monomer or other ingredient ratios and the chemistry is documented for the full range and ratio of batch ingredients. Another process that might consider using a generic type of PHA is a gas plant. Often these plants are simplymoved from site to site and therefore, a generic PHA may be used for these movable plants. Also, when an employer has several similar size gas plants and no sour gas is being processed at the site, then a generic PHA is feasible as long as the variations of
the individual sites are accounted for in the PHA. Finally, when an employer has a large continuous process which has several control rooms for different portions of the process
such as for a distillation tower and a blending operation, the employer may wish to do each segment separately and then integrate
the final results.

Additionally, small businesses which arecovered by this rule, will often have processes that have less storage volume, less capacity, and less complicated than processes at a large facility. Therefore, OSHA wouldanticipate that the less complex methodologies would be used to meet the process hazard analysis criteria in the standard. These process hazard analyses can be done in less time and with a few people being involved. A less complex process generally means that less data, P&IDs, and process information is needed to perform a process hazard analysis.

Many small businesses have processes that are not unique, such as cold storage lockers
or water treatment facilities. Where employer associations have a number of members with such facilities, a generic PHA, evolved from a checklist or what-if questions, could be developed and used by eachemployer effectively to reflect his/her particular process; this would simplify compliance for them.

When the employer has a number of processes which require a PHA, the employer must set up a priority system of which PHAsto conduct first. A preliminary or gross hazard analysis may be useful in prioritizing the processes that the employer has determined are subject to coverage by the process safety management standard. Consideration shouldfirst be given to those processes with the potential of adversely affecting the largest number of employees. This prioritizing should consider the potential severity of a chemical release, the number of potentially affected employees, the operating history ofthe process such as the frequency of chemical releases, the age of the process and any
other relevant factors. These factors would suggest a ranking order and would suggest either using a weighing factor system or a systematic ranking method. The use of a preliminary hazard analysis would assist an employer in determining which process should be of the highest priority and therebythe employer would obtain the greatest improvement in safety at the facility.

Detailed guidance on the content and application of process hazard analysis methodologies is available from the American Institute of Chemical Engineers’ Center for Chemical Process Safety (see appendix D).

5. Operating Procedures and Practices. Operating procedures describe tasks to be performed, data to be recorded, operating conditions to be maintained, samples to be collected, and safety and health precautions tobe taken. The procedures need to be technically accurate, understandable to employees, and revised periodically to ensure that they reflect current operations. The process safety information package is to be used asa resource to better assure that the operating procedures and practices are consistent
with the known hazards of the chemicals inthe process and that the operating parameters are accurate. Operating procedures should be reviewed by engineering staff and operating personnel to ensure that they are accurate and provide practical instructionson how to actually carry out job duties safely.

Operating procedures will include specific instructions or details on what steps are to be taken or followed in carrying out thestated procedures. These operating instructions for each procedure should include the applicable safety precautions and should contain appropriate information on safety implications. For example, the operating procedures addressing operating parameters will contain operating instructions about pressure limits, temperature ranges, flow rates, what to do when an upset condition


## 368 29 CFR Ch. XVII (7–1–13 Edition) § 1910.119

occurs, what alarms and instruments are pertinent if an upset condition occurs, andother subjects. Another example of using operating instructions to properly implement operating procedures is in starting up or shutting down the process. In these cases, different parameters will be required from those of normal operation. These operatinginstructions need to clearly indicate the distinctions between startup and normal operations such as the appropriate allowances forheating up a unit to reach the normal operating parameters. Also the operating instructions need to describe the proper method for increasing the temperature of the unituntil the normal operating temperature parameters are achieved.

Computerized process control systems add complexity to operating instructions. These operating instructions need to describe thelogic of the software as well as the relationship between the equipment and the control system; otherwise, it may not be apparent to the operator.

Operating procedures and instructions are important for training operating personnel. The operating procedures are often viewed as the standard operating practices (SOPs) foroperations. Control room personnel and operating staff, in general, need to have a full understanding of operating procedures. If workers are not fluent in English then proceduresand instructions need to be prepared in a second language understood by the workers. In addition, operating procedures need to bechanged when there is a change in the process as a result of the management of change procedures. The consequences of operating procedure changes need to be fully evaluatedand the information conveyed to the personnel. For example, mechanical changes tothe process made by the maintenance department (like changing a valve from steel to brass or other subtle changes) need to beevaluated to determine if operating procedures and practices also need to be changed. All management of change actions must becoordinated and integrated with current operating procedures and operating personnelmust be oriented to the changes in procedures before the change is made. When the process is shut down in order to make a change, then the operating procedures must be updated before startup of the process.

Training in how to handle upset conditionsmust be accomplished as well as what operating personnel are to do in emergencies such as when a pump seal fails or a pipeline ruptures. Communication between operating personnel and workers performing work within the process area, such as nonroutine tasks, also must be maintained. The hazards of the tasks are to be conveyed to operating personnel in accordance with establishedprocedures and to those performing the actual tasks. When the work is completed, operating personnel should be informed to provide closure on the job.

6. Employee Training. All employees, including maintenance and contractor employees, involved with highly hazardous chemicals need to fully understand the safety andhealth hazards of the chemicals and processes they work with for the protection of themselves, their fellow employees and the citizens of nearby communities. Training conducted in compliance with §1910.1200, the Hazard Communication standard, will help employees to be more knowledgeable aboutthe chemicals they work with as well as familiarize them with reading and understanding SDSs. However, additional training in subjects such as operating procedures and safety work practices, emergency evacuation and response, safety procedures, routine and nonroutine work authorization activities, and other areas pertinent to process safetyand health will need to be covered by an employer’s training program.

In establishing their training programs, employers must clearly define the employees to be trained and what subjects are to becovered in their training. Employers in setting up their training program will need to clearly establish the goals and objectives they wish to achieve with the training thatthey provide to their employees. The learning goals or objectives should be written in clear measurable terms before the training begins. These goals and objectives need to betailored to each of the specific training modules or segments. Employers should describe the important actions and conditions underwhich the employee will demonstrate competence or knowledge as well as what is acceptable performance.

Hands-on-training where employees are able to use their senses beyond listening,will enhance learning. For example, operating personnel, who will work in a control room or at control panels, would benefit by being trained at a simulated control panel or panels. Upset conditions of various types could be displayed on the simulator, and then the employee could go through the proper operating procedures to bring thesimulator panel back to the normal operating parameters. A training environment could be created to help the trainee feel the full reality of the situation but, of course,
under controlled conditions. This realistic type of training can be very effective in teaching employees correct procedures while allowing them to also see the consequences of what might happen if they do not follow established operating procedures. Othertraining techniques using videos or on-thejob training can also be very effective forteaching other job tasks, duties, or other important information. An effective training program will allow the employee to fully participate in the training process and to practice their skill or knowledge.


## 369 Occupational Safety and Health Admin., Labor § 1910.119

Employers need to periodically evaluatetheir training programs to see if the necessary skills, knowledge, and routines are being properly understood and implemented by their trained employees. The means or methods for evaluating the training shouldbe developed along with the training program goals and objectives. Training program evaluation will help employers to determinethe amount of training their employees understood, and whether the desired resultswere obtained. If, after the evaluation, it appears that the trained employees are not atthe level of knowledge and skill that was expected, the employer will need to revise thetraining program, provide retraining, or provide more frequent refresher training sessions until the deficiency is resolved. Those who conducted the training and those whoreceived the training should also be consulted as to how best to improve the training process. If there is a language barrier, the language known to the trainees should be used to reinforce the training messages and
information.

Careful consideration must be given to assure that employees including maintenance and contract employees receive current and updated training. For example, if changes are made to a process, impacted employeesmust be trained in the changes and understand the effects of the changes on their job tasks (e.g., any new operating procedurespertinent to their tasks). Additionally, as already discussed the evaluation of the employee’s absorption of training will certainly influence the need for training.

7. Contractors. Employers who use contractors to perform work in and around processes that involve highly hazardous chemicals, will need to establish a screening process sothat they hire and use contractors who accomplish the desired job tasks without compromising the safety and health of employees at a facility. For contractors, whose safety performance on the job is not known to the hiring employer, the employer will need to obtain information on injury and illnessrates and experience and should obtain contractor references. Additionally, the employer must assure that the contractor has the appropriate job skills, knowledge and certifications (such as for pressure vesselwelders). Contractor work methods and experiences should be evaluated. For example, does the contractor conducting demolition work swing loads over operating processes or
does the contractor avoid such hazards?

Maintaining a site injury and illness log for contractors is another method employers
must use to track and maintain currentknowledge of work activities involving contract employees working on or adjacent to covered processes. Injury and illness logs of both the employer’s employees and contract employees allow an employer to have fullknowledge of process injury and illness experience. This log will also contain information which will be of use to those auditing process safety management compliance and those involved in incident investigations.

Contract employees must perform their work safely. Considering that contractorsoften perform very specialized and potentially hazardous tasks such as confined spaceentry activities and nonroutine repair activities it is quite important that their activities be controlled while they are working on or near a covered process. A permit systemor work authorization system for these activities would also be helpful to all affected employers. The use of a work authorizationsystem keeps an employer informed of contract employee activities, and as a benefit the employer will have better coordination and more management control over the work being performed in the process area. A wellrun and well maintained process where employee safety is fully recognized will benefit all of those who work in the facility whether they be contract employees or employees of
the owner.

8. Pre-Startup Safety. For new processes,the employer will find a PHA helpful in improving the design and construction of the process from a reliability and quality pointof view. The safe operation of the new process will be enhanced by making use of the
PHA recommendations before final installations are completed. P&IDs are to be completed along with having the operating procedures in place and the operating staff trained to run the process before startup. The initial startup procedures and normaloperating procedures need to be fully evaluated as part of the pre-startup review to assure a safe transfer into the normal operating mode for meeting the process parameters.

For existing processes that have been shutdown for turnaround, or modification, etc., the employer must assure that any changes other than ‘‘replacement in kind’’ made to the process during shutdown go through the management of change procedures. P&IDs will need to be updated as necessary, as well as operating procedures and instructions. Ifthe changes made to the process during shutdown are significant and impact the training program, then operating personnel as well asemployees engaged in routine and nonroutine work in the process area may need some refresher or additional training in light ofthe changes. Any incident investigation recommendations, compliance audits or PHA
recommendations need to be reviewed as well to see what impacts they may have on the process before beginning the startup.

9. Mechanical Integrity. Employers will need to review their maintenance programs and
schedules to see if there are areas where
‘‘breakdown’’ maintenance is used ratherthan an on-going mechanical integrity program. Equipment used to process, store, or


## 370 29 CFR Ch. XVII (7–1–13 Edition) § 1910.119

handle highly hazardous chemicals needs tobe designed, constructed, installed and maintained to minimize the risk of releases ofsuch chemicals. This requires that a mechanical integrity program be in place to assurethe continued integrity of process equipment. Elements of a mechanical integrityprogram include the identification and categorization of equipment and instrumentation, inspections and tests, testing and inspection frequencies, development of maintenance procedures, training of maintenance personnel, the establishment of criteria for acceptable test results, documentation oftest and inspection results, and documentation of manufacturer recommendations as tomeantime to failure for equipment and instrumentation.

The first line of defense an employer has available is to operate and maintain theprocess as designed, and to keep the chemicals contained. This line of defense is backed up by the next line of defense which is the controlled release of chemicals through venting to scrubbers or flares, or to surge or overflow tanks which are designed to receive such chemicals, etc. These lines of defense are the primary lines of defense or means to prevent unwanted releases. The secondarylines of defense would include fixed fire protection systems like sprinklers, water spray, or deluge systems, monitor guns, etc., dikes,designed drainage systems, and other systems which would control or mitigate hazardous chemicals once an unwanted release occurs. These primary and secondary lines of defense are what the mechanical integrity program needs to protect and strengthenthese primary and secondary lines of defenses where appropriate.

The first step of an effective mechanicalintegrity program is to compile and categorize a list of process equipment and instrumentation for inclusion in the program.This list would include pressure vessels, storage tanks, process piping, relief and vent systems, fire protection system components, emergency shutdown systems and alarmsand interlocks and pumps. For the categorization of instrumentation and the listed equipment the employer would prioritize which pieces of equipment require closer scrutiny than others. Meantime to failure of various instrumentation and equipmentparts would be known from the manufacturers data or the employer’s experience withthe parts, which would then influence the inspection and testing frequency and associated procedures. Also, applicable codes andstandards such as the National Board Inspection Code, or those from the American Society for Testing and Material, American Petroleum Institute, National Fire Protection Association, American National Standards Institute, American Society of MechanicalEngineers, and other groups, provide information to help establish an effective testing and inspection frequency, as well as appropriate methodologies.

The applicable codes and standards provide criteria for external inspections for such items as foundation and supports, anchor bolts, concrete or steel supports, guy wires,nozzles and sprinklers, pipe hangers, grounding connections, protective coatings and insulation, and external metal surfaces of piping and vessels, etc. These codes and standards also provide information on methodologies for internal inspection, and a frequency
formula based on the corrosion rate of the materials of construction. Also, erosion both
internal and external needs to be considered along with corrosion effects for piping and
valves. Where the corrosion rate is not known, a maximum inspection frequency is recommended, and methods of developing
the corrosion rate are available in the codes. Internal inspections need to cover itemssuch as vessel shell, bottom and head; metallic linings; nonmetallic linings; thicknessmeasurements for vessels and piping; inspection for erosion, corrosion, cracking andbulges; internal equipment like trays, baffles, sensors and screens for erosion, corrosion or cracking and other deficiencies. Some of these inspections may be performed by state of local government inspectors under state and local statutes. However, each employer needs to develop proceduresto ensure that tests and inspections are conducted properly and that consistency is maintained even where different employees may be involved. Appropriate training is tobe provided to maintenance personnel to ensure that they understand the preventivemaintenance program procedures, safe practices, and the proper use amd application of special equipment or unique tools that maybe required. This training is part of the overall training program called for in the standard.

A quality assurance system is needed tohelp ensure that the proper materials of construction are used, that fabrication and inspection procedures are proper, and that installation procedures recognize field installation concerns. The quality assurance program is an essential part of the mechanical integrity program and will help to maintain the primary and secondary lines of defense that have been designed into the process to prevent unwanted chemical releases or those which control or mitigate a release. ‘‘As built’’ drawings, together with certifications of coded vessels and other equipment, and
materials of construction need to be verifiedand retained in the quality assurance documentation. Equipment installation jobs need to be properly inspected in the field for useof proper materials and procedures and to assure that qualified craftsmen are used to do the job. The use of appropriate gaskets,packing, bolts, valves, lubricants and welding rods need to be verified in the field. Also


## 371 Occupational Safety and Health Admin., Labor § 1910.119

procedures for installation of safety devices need to be verified, such as the torque on the bolts on ruptured disc installations, uniform torque on flange bolts, proper installation of pump seals, etc. If the quality of parts is a problem, it may be appropriate to conduct audits of the equipment supplier’s facilities to better assure proper purchases of required equipment which is suitable for its intended service. Any changes in equipment that may become necessary will need to go through the management of change procedures.

10. Nonroutine Work Authorizations. Nonroutine work which is conducted in process areas needs to be controlled by the employer
in a consistent manner. The hazards identified involving the work that is to be accomplished must be communicated to those doing the work, but also to those operating personnel whose work could affect the safety of the process. A work authorization noticeor permit must have a procedure that describes the steps the maintenance supervisor, contractor representative or other person needs to follow to obtain the necessary clearance to get the job started. The work authorization procedures need to reference and coordinate, as applicable, lockout/tagoutprocedures, line breaking procedures, confined space entry procedures and hot work authorizations. This procedure also needs to provide clear steps to follow once the job is completed in order to provide closure forthose that need to know the job is now completed and equipment can be returned to normal.

11. Managing Change. To properly manage changes to process chemicals, technology, equipment and facilities, one must define what is meant by change. In this processsafety management standard, change includes all modifications to equipment, procedures, raw materials and processing conditions other than ‘‘replacement in kind’’. These changes need to be properly managed by identifying and reviewing them prior to implementation of the change. For example,the operating procedures contain the operating parameters (pressure limits, temperature ranges, flow rates, etc.) and the importance of operating within these limits. While the operator must have the flexibility tomaintain safe operation within the established parameters, any operation outside ofthese parameters requires review and approval by a written management of change procedure.

Management of change covers such as changes in process technology and changes to equipment and instrumentation. Changes in process technology can result from changes in production rates, raw materials, experimentation, equipment unavailability, new equipment, new product development, change in catalyst and changes in operating conditions to improve yield or quality. Equipment changes include among others change in materials of construction, equipment specifications, piping pre-arrangements, experimental equipment, computer program revisions and changes in alarms and interlocks. Employers need to establish
means and methods to detect both technical changes and mechanical changes.

Temporary changes have caused a numberof catastrophes over the years, and employers need to establish ways to detect temporary changes as well as those that are permanent. It is important that a time limit fortemporary changes be established and monitored since, without control, these changes may tend to become permanent. Temporary changes are subject to the management ofchange provisions. In addition, the management of change procedures are used to insurethat the equipment and procedures are returned to their original or designed conditions at the end of the temporary change. Proper documentation and review of these changes is invaluable in assuring that the safety and health considerations are being incorporated into the operating procedures and the process.

Employers may wish to develop a form or clearance sheet to facilitate the processing of changes through the management of change procedures. A typical change form may include a description and the purpose of the change, the technical basis for the change, safety and health considerations, documentation of changes for the operatingprocedures, maintenance procedures, inspection and testing, P&IDs, electrical classification, training and communications, prestartup inspection, duration if a temporary change, approvals and authorization. Where the impact of the change is minor and wellunderstood, a check list reviewed by an authorized person with proper communication to others who are affected may be sufficient. However, for a more complex or significant design change, a hazard evaluation procedure with approvals by operations, maintenance, and safety departments may be appropriate. Changes in documents such as P&IDs, raw materials, operating procedures, mechanicalintegrity programs, electrical classifications, etc., need to be noted so that these revisions can be made permanent when thedrawings and procedure manuals are updated. Copies of process changes need to be kept in an accessible location to ensure that design changes are available to operating personnel as well as to PHA team memberswhen a PHA is being done or one is being updated.

12. Investigation of Incidents. Incident investigation is the process of identifying the underlying causes of incidents and implementing steps to prevent similar events fromoccurring. The intent of an incident investigation is for employers to learn from past experiences and thus avoid repeating past


## 372 29 CFR Ch. XVII (7–1–13 Edition) § 1910.119

mistakes. The incidents for whicn OSHA expects employers to become aware and to investigate are the types of events which result in or could reasonably have resulted in a catastrophic release. Some of the events are sometimes referred to as ‘‘near misses,’’ meaning that a serious consequence did not occur, but could have.

Employers need to develop in-house capability to investigate incidents that occur in
their facilities. A team needs to be assembled by the employer and trained in the techniques of investigation including how to conduct interviews of witnesses, needed documentation and report writing. A multi-disciplinary team is better able to gather the facts of the event and to analyze them anddevelop plausible scenarios as to what happened, and why. Team members should be selected on the basis of their training, knowledge and ability to contribute to a team effort to fully investigate the incident. Employees in the process area where the incident occurred should be consulted, interviewed or made a member of the team. Their knowledge of the events form a significant
set of facts about the incident which occurred. The report, its findings and recommendations are to be shared with those
who can benefit from the information. The cooperation of employees is essential to an effective incident investigation. The focus of the investigation should be to obtain facts,and not to place blame. The team and the investigation process should clearly deal with all involved individuals in a fair, open and
consistent manner.

13. Emergency Preparedness. Each employer must address what actions employees are to
take when there is an unwanted release ofhighly hazardous chemicals. Emergency preparedness or the employer’s tertiary (third)
lines of defense are those that will be relied on along with the secondary lines of defense when the primary lines of defense which are used to prevent an unwanted release fail tostop the release. Employers will need to decide if they want employees to handle and stop small or minor incidental releases. Whether they wish to mobilize the available resources at the plant and have thembrought to bear on a more significant release. Or whether employers want their employees to evacuate the danger area and promptly escape to a preplanned safe zonearea, and allow the local community emergency response organizations to handle the release. Or whether the employer wants to
use some combination of these actions. Employers will need to select how many different emergency preparedness or tertiary lines of defense they plan to have and then develop the necessary plans and procedures, and appropriately train employees in their emergency duties and responsibilities and then implement these lines of defense. Employers at a minimum must have an emergency action plan which will facilitate the prompt evacuation of employees due to an unwanted release of a highly hazardous chemical. This means that the employer will have a plan that will be activated by an alarm system to alert employees when toevacuate and, that employees who are physically impaired, will have the necessary support and assistance to get them to the safezone as well. The intent of these requirements is to alert and move employees to asafe zone quickly. Delaying alarms or confusing alarms are to be avoided. The use of process control centers or similar process buildings in the process area as safe areas is discouraged. Recent catastrophes have shown that a large life loss has occurred in these structures because of where they havebeen sited and because they are not necessarily designed to withstand over-pressures from shockwaves resulting from explosions in the process area.

Unwanted incidental releases of highly hazardous chemicals in the process area must be addressed by the employer as to what actions employees are to take. If the employer wants employees to evacuate the area, then the emergency action plan will be activated. For outdoor processes where wind direction is important for selecting the safe route to a refuge area, the employer should place a wind direction indicator such as a wind sock or pennant at the highest point that can be seen throughout the process area. Employees can move in the direction of cross wind to upwind to gain safe access tothe refuge area by knowing the wind direction.

If the employer wants specific employees in the release area to control or stop the minor emergency or incidental release, these actions must be planned for in advance and procedures developed and implemented. Preplanning for handling incidental releases for minor emergencies in the process area needs to be done, appropriate equipment for the hazards must be provided, and trainingconducted for those employees who will perform the emergency work before they respond to handle an actual release. The employer’s training program, including the Hazard Communication standard training is to address the training needs for employees who are expected to handle incidental or
minor releases.

Preplanning for releases that are more serious than incidental releases is another important line of defense to be used by the employer. When a serious release of a highly hazardous chemical occurs, the employer through preplanning will have determined in advance what actions employees are to take.
The evacuation of the immediate release area and other areas as necessary would be accomplished under the emergency action


## 373 Occupational Safety and Health Admin., Labor § 1910.119

plan. If the employer wishes to use plant personnel such as a fire brigade, spill control team, a hazardous materials team, or useemployees to render aid to those in the immediate release area and control or mitigate the incident, these actions are covered by §1910.120, the Hazardous Waste Operations and Emergency Response (HAZWOPER) standard. If outside assistance is necessary,such as through mutual aid agreements between employers or local government emergency response organizations, these emergency responders are also covered byHAZWOPER. The safety and health protections required for emergency responders are the responsibility of their employers and of
the on-scene incident commander.

Responders may be working under very
hazardous conditions and therefore the objective is to have them competently led by
an on-scene incident commander and the commander’s staff, properly equipped to do their assigned work safely, and fully trained to carry out their duties safely before theyrespond to an emergency. Drills, training exercises, or simulations with the local community emergency response planners and responder organizations is one means to obtain better preparedness. This close cooperation and coordination between plant and localcommunity emergency preparedness managers will also aid the employer in complying with the Environmental Protection Agency’s Risk Management Plan criteria.

One effective way for medium to large facilities to enhance coordination and communication during emergencies for on plant operations and with local community organizations is for employers to establish and equip an emergency control center. The emergency
control center would be sited in a safe zone area so that it could be occupied throughout the duration of an emergency. The center would serve as the major ccommunication
link between the on-scene incident commander and plant or corporate managementas well as with the local community officials. The communication equipment in the emergency control center should include a
network to receive and transmit informationby telephone, radio or other means. It is important to have a backup communicationnetwork in case of power failure or one communication means fails. The center should also be equipped with the plant layout and community maps, utility drawings including fire water, emergency lighting, appropriate reference materials such as a government agency notification list, company personnel phone list, SARA Title III reports and safety data sheets, emergency plans and proceduresmanual, a listing with the location of emergency response equipment, mutual aid information, and access to meteorological or weather condition data and any dispersion modeling data. 14. Compliance Audits. Employers need to
select a trained individual or assemble a trained team of people to audit the process safety management system and program. A small process or plant may need only one knowledgeable person to conduct an audit.
The audit is to include an evaluation of the design and effectiveness of the process safety management system and a field inspection ofthe safety and health conditions and practices to verify that the employer’s systems are effectively implemented. The audit should be conducted or lead by a person knowledgeable in audit techniques and who is impartial towards the facility or area being audited. The essential elements of an audit program include planning, staffing,conduting the audit, evaluation and corrective action, follow-up and documentation.

Planning in advance is essential to the success of the auditing process. Each employer needs to establish the format, staffing, scheduling and verification methods prior to conducting the audit. The format should be designed to provide the lead auditor with aprocedure or checklist which details the requirements of each section of the standard.
The names of the audit team members should be listed as part of the format as well. The checklist, if properly designed, couldserve as the verification sheet which provides the auditor with the necessary information to expedite the review and assure that no requirements of the standard are
omitted. This verification sheet format could also identify those elements that will require evaluation or a response to correct
deficiencies. This sheet could also be used for developing the follow-up and documentation requirements.

The selection of effective audit team members is critical to the success of the program.
Team members should be chosen for their experience, knowledge, and training and shouldbe familiar with the processes and with auditing techniques, practices and procedures. The size of the team will vary depending on the size and complexity of the process under consideration. For a large, complex, highly instrumented plant, it may be desirable tohave team members with expertise in process engineering and design, process chemistry, instrumentation and computer controls, electrical hazards and classifications, safety and health disciplines, maintenance, emergency preparedness, warehousing or shipping, and process safety auditing. The team may use part-time members to provide for the depth of expertise required as well asfor what is actually done or followed, compared to what is written.

An effective audit includes a review of the relevant documentation and process safetyinformation, inspection of the physical facilities, and interviews with all levels ofplant personnel. Utilizing the audit procedure and checklist developed in the


## 374 29 CFR Ch. XVII (7–1–13 Edition) § 1910.119

preplanning stage, the audit team can systematically analyze compliance with theprovisions of the standard and any other corporate policies that are relevant. For example, the audit team will review all aspects of the training program as part of the overall
audit. The team will review the written training program for adequacy of content,frequency of training, effectiveness of training in terms of its goals and objectives aswell as to how it fits into meeting the standard’s requirements, documentation, etc. Through interviews, the team can determine the employee’s knowledge and awareness ofthe safety procedures, duties, rules, emergency response assignments, etc. During the inspection, the team can observe actual practices such as safety and health policies,procedures, and work authorization practices. This approach enables the team to identify deficiencies and determine wherecorrective actions or improvements are necessary.

An audit is a technique used to gather sufficient facts and information, including statistical information, to verify compliance
with standards. Auditors should select aspart of their preplanning a sample size sufficient to give a degree of confidence that the audit reflects the level of compliance with the standard. The audit team, through this systematic analysis, should document areas which require corrective action as well asthose areas where the process safety management system is effective and working in an effective manner. This provides a record of the audit procedures and findings, andserves as a baseline of operation data for future audits. It will assist future auditors in determining changes or trends from previous
audits.

Corrective action is one of the most important parts of the audit. It includes not only addressing the identified deficiencies, but also planning, followup, and documentation.The corrective action process normally begins with a management review of the auditfindings. The purpose of this review is to determine what actions are appropriate, and toestablish priorities, timetables, resource allocations and requirements and responsibilities. In some cases, corrective action may involve a simple change in procedure orminor maintenance effort to remedy the concern. Management of change procedures need to be used, as appropriate, even for what may seem to be a minor change. Many of the deficiencies can be acted on promptly, whilesome may require engineering studies or indepth review of actual procedures and practices. There may be instances where no action is necessary and this is a valid responseto an audit finding. All actions taken, including an explanation where no action is taken on a finding, needs to be documented as to what was done and why. It is important to assure that each deficiency identified is addressed, the correctiveaction to be taken noted, and the audit person or team responsible be properly documented by the employer. To control the corrective action process, the employer should consider the use of a tracking system. Thistracking system might include periodic status reports shared with affected levels ofmanagement, specific reports such as completion of an engineering study, and a final implementation report to provide closure foraudit findings that have been through management of change, if appropriate, and thenshared with affected employees and management. This type of tracking system providesthe employer with the status of the corrective action. It also provides the documentation required to verify that appropriate corrective actions were taken on deficiencies
identified in the audit.

A PPENDIX D TO §1910.119—S OURCES OF F URTHER INFORMATION (N ONMANDATORY)

1. Center for Chemical Process Safety, American Institute of Chemical Engineers, 345 East 47th Street, New York, NY 10017, (212) 705–7319.

2. ‘‘Guidelines for Hazard Evaluation Procedures,’’ American Institute of Chemical Engineers; 345 East 47th Street, New York,
NY 10017.

3. ‘‘Guidelines for Technical Management of Chemical Process Safety,’’ Center forChemical Process Safety of the American Institute of Chemical Engineers; 345 East 47th Street, New York, NY 10017.

4. ‘‘Evaluating Process Safety in the Chemical Industry,’’ Chemical Manufacturers Association; 2501 M Street NW, Washington, DC
20037.

5. ‘‘Safe Warehousing of Chemicals,’’ Chemical Manufacturers Association; 2501 M Street NW, Washington, DC 20037.

6. ‘‘Management of Process Hazards,’’American Petroleum Institute (API Recommended Practice 750); 1220 L Street, N.W., Washington, D.C. 20005.

7. ‘‘Improving Owner and Contractor Safety Performance,’’ American Petroleum Institute (API Recommended Practice 2220); API, 1220 L Street N.W., Washington, D.C. 20005.

8. Chemical Manufacturers Association(CMA’s Manager Guide), First Edition, September 1991; CMA, 2501 M Street, N.W., Washington, D.C. 20037.

9. ‘‘Improving Construction Safety Performance,’’ Report A–3, The Business Roundtable; The Business Roundtable, 200 Park Avenue, New York, NY 10166. (Report includescriteria to evaluate contractor safety performance and criteria to enhance contractor safety performance).

10. ‘‘Recommended Guidelines for Contractor Safety and Health,’’ Texas Chemical Council; Texas Chemical Council, 1402 Nueces Street, Austin, TX 78701–1534.


## 375 Occupational Safety and Health Admin., Labor § 1910.120

11. ‘‘Loss Prevention in the Process Industries,’’ Volumes I and II; Frank P. Lees, Butterworth; London 1983.

12. ‘‘Safety and Health Program Management Guidelines,’’ 1989; U.S. Department ofLabor, Occupational Safety and Health Administration.

13. ‘‘Safety and Health Guide for the Chemical Industry,’’ 1986, (OSHA 3091); U.S. Department of Labor, Occupational Safety andHealth Administration; 200 Constitution Avenue, N.W., Washington, D.C. 20210.

14. ‘‘Review of Emergency Systems,’’ June 1988; U.S. Environmental Protection Agency (EPA), Office of Solid Waste and Emergency Response, Washington, DC 20460.

15. ‘‘Technical Guidance for Hazards Analysis, Emergency Planning for Extremely Hazardous Substances,’’ December 1987; U.S. Environmental Protection Agency (EPA),Federal Emergency Management Administration (FEMA) and U.S. Department of Transportation (DOT), Washington, DC 20460.

16. ‘‘Accident Investigation * * * A New Approach,’’ 1983, National Safety Council; 444 North Michigan Avenue, Chicago, IL 60611–
3991.

17. ‘‘Fire & Explosion Index Hazard Classification Guide,’’ 6th Edition, May 1987, Dow Chemical Company; Midland, Michigan 48674.

18. ‘‘Chemical Exposure Index,’’ May 1988, Dow Chemical Company; Midland, Michigan
48674.

[57 FR 6403, Feb. 24, 1992; 57 FR 7847, Mar. 4, 1992, as amended at 61 FR 9238, Mar. 7, 1996; 67 FR 67964, Nov. 7, 2002; 76 FR 80738, Dec. 27, 2011; 77 FR 17776, Mar. 26, 2012; 78 FR 9313, Feb. 8, 2013]



### § 1910.120 Hazardous waste operations and emergency response.

(a) Scope, application, and definitions
— (1) Scope. This section covers the following operations, unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards:

(i) Clean-up operations required by a governmental body, whether Federal,state, local or other involving hazardous substances that are conducted
at uncontrolled hazardous waste sites (including, but not limited to, the EPA’s National Priority Site List (NPL), state priority site lists, sites recommended for the EPA NPL, and initial investigations of government
identified sites which are conducted before the presence or absence of hazardous substances has been ascertained); (ii) Corrective actions involving clean-up operations at sites covered by
the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42
U.S.C. 6901 et seq. );

(iii) Voluntary clean-up operations at sites recognized by Federal, state, localor other governmental bodies as uncontrolled hazardous waste sites;

(iv) Operations involving hazardous
wastes that are conducted at treatment, storage, and disposal (TSD) facilities regulated by 40 CFR parts 264and 265 pursuant to RCRA; or by agencies under agreement with U.S.E.P.A. to implement RCRA regulations; and

(v) Emergency response operations for releases of, or substantial threats ofreleases of, hazardous substances without regard to the location of the hazard.

(2) Application. (i) All requirements of part 1910 and part 1926 of title 29 of theCode of Federal Regulations apply pursuant to their terms to hazardouswaste and emergency response operations whether covered by this section or not. If there is a conflict or overlap,the provision more protective of employee safety and health shall apply without regard to 29 CFR 1910.5(c)(1).

(ii) Hazardous substance clean-up operations within the scope of paragraphs(a)(1)(i) through (a)(1)(iii) of this section must comply with all paragraphs of this section except paragraphs (p) and (q).

(iii) Operations within the scope of paragraph (a)(1)(iv) of this sectionmust comply only with the requirements of paragraph (p) of this section.

N OTES AND E XCEPTIONS : (A) All provisions of paragraph (p) of this section cover anytreatment, storage or disposal (TSD) operation regulated by 40 CFR parts 264 and 265 or by state law authorized under RCRA, and required to have a permit or interim status from EPA pursuant to 40 CFR 270.1 or from a state agency pursuant to RCRA.

(B) Employers who are not required to have a permit or interim status because they are conditionally exempt small quantitygenerators under 40 CFR 261.5 or are generators who qualify under 40 CFR 262.34 for exemptions from regulation under 40 CFR parts 264, 265 and 270 (‘‘excepted employers’’) are not covered by paragraphs (p)(1) through (p)(7) of this section. Excepted employers who are required by the EPA or state agency