California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4 - Division of Industrial Safety › Subchapter 7 - General Industry Safety Orders › Group 16 - Control of Hazardous Substances › Article 109 - Hazardous Substances and Processes › Section 5189.1 - Process Safety Management for Petroleum Refineries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope and Purpose.
This section contains requirements for petroleum
						  refineries to reduce the risk of major incidents and eliminate or minimize
						  process safety hazards to which employees may be exposed.
(b) Application.
This section shall apply to processes within petroleum
						  refineries. For petroleum refineries, this regulation supersedes California
						  Code of Regulations (CCR) Title 8, Section
						  5189.
(c) Definitions.
Change. Any alteration in process chemicals,
						  technology, procedures, process equipment, facilities or organization that
						  could affect a process. A change does not include replacement-in-kind.
Damage Mechanism. The mechanical, chemical, physical or
						  other process that results in equipment or material degradation.
Employee Representative. A union representative, where
						  a union exists, or an employee-designated representative in the absence of a
						  union that is on-site and qualified for the task. The term is to be construed
						  broadly, and may include the local union, the international union, or a
						  refinery or contract employee designated by these parties, such as the safety
						  and health committee representative at the site.
Facility. The plants, units, buildings, containers or
						  equipment that contain(s) or include(s) a process.
Feasible. Capable of being accomplished in a successful
						  manner within a reasonable period of time, taking into account health, safety,
						  economic, environmental, legal, social and technological factors.
Flammable Gas. As defined in CCR Title 8, Section
						  5194, Appendix B.
Flammable Liquid. As defined in CCR Title 8, Section
						  5194, Appendix B.
Hierarchy of Hazard Control. Hazard prevention and
						  control measures, in priority order, to eliminate or minimize a hazard. Hazard
						  prevention and control measures ranked from most effective to least effective
						  are: First Order Inherent Safety, Second Order Inherent Safety, and passive,
						  active and procedural protection layers.
Highly Hazardous Material. A flammable liquid or
						  flammable gas, or a toxic or reactive substance.
Hot Work. Electric or gas welding, cutting, brazing or
						  any similar heat, flame or spark-producing procedure or operation.
Human Factors. The design of machines, operations and
						  work environments such that they closely match human capabilities, limitations
						  and needs. Human factors include environmental, organizational and job factors,
						  as well as human and individual characteristics, such as fatigue, that can
						  affect job performance, process safety, and health and safety.
Independent Protection Layers (IPL). Safeguards that
						  reduce the likelihood or consequences of a major incident through the
						  application of devices, systems or actions. IPLs are independent of an
						  initiating cause and independent of other IPLs. Independence ensures that an
						  initiating cause does not affect the function of an IPL and that failure in any
						  one layer does not affect the function of any other layer.
Inherent Safety. An approach to safety that focuses on
						  eliminating or reducing the hazards associated with a set of conditions. A
						  process is inherently safer if it eliminates or reduces the hazards associated
						  with materials or operations used in the process, and this elimination or
						  reduction is permanent and inseparable from the material or operation. A
						  process with eliminated or reduced hazards is described as inherently safer
						  compared to a process with only passive, active and procedural safeguards. The
						  process of identifying and implementing inherent safety in a specific context
						  is known as inherently safer design.
* First Order Inherent Safety Measure. A measure that
						  eliminates a hazard. Changes in the chemistry of a process that eliminate the
						  hazards of a chemical are usually considered first order inherent safety
						  measures; for example, by substituting a toxic chemical with an alternative
						  chemical that can serve the same function but is non-toxic.
* Second Order Inherent Safety Measure. A measure that
						  effectively reduces a risk by reducing the severity of a hazard or the
						  likelihood of a release, without the use of add-on safety devices. Changes in
						  process variables to minimize, moderate and simplify a process are usually
						  considered second order inherent safety measures; for example, by redesigning a
						  high-pressure, high-temperature system to operate at ambient temperatures and
						  pressures.
Initiating Cause. An operational error, mechanical
						  failure or other internal or external event that is the first event in an
						  incident sequence, and which marks the transition from a normal situation to an
						  abnormal situation.
Isolate. To cause equipment to be removed from service
						  and completely protected against the inadvertent release or introduction of
						  material or energy by such means as blanking or blinding; misaligning or
						  removing sections of lines, pipes, or ducts; implementing a double block and
						  bleed system; or blocking or disconnecting all mechanical linkages.
Major Change. Any of the following:
* Introduction of a new process, new process equipment,
						  or new highly hazardous material;
* Any operational change outside of established safe
						  operating limits; or,
* Any alteration that introduces a new process safety
						  hazard or worsens an existing process safety hazard.
Major Incident. An event within or affecting a process
						  that causes a fire, explosion or release of a highly hazardous material and has
						  the potential to result in death or serious physical harm.
Petroleum Refinery. Industrial site engaged in
						  activities set forth in North American Industry Classification System Code
						  324110.
Process. Petroleum refinery activities including use,
						  storage, manufacturing, handling, piping or on-site movement that involve a
						  highly hazardous material. Utilities and process equipment shall be considered
						  part of the process if in the event of a failure or malfunction they could
						  potentially contribute to a major incident. For purposes of this definition,
						  any group of vessels that are interconnected, or separate vessels that are
						  located such that an incident in one vessel could affect any other vessel,
						  shall be considered a single process. This definition includes processes under
						  partial or unplanned shutdowns. This definition excludes ancillary
						  administrative and support functions, including office buildings, labs,
						  warehouses, maintenance shops, and change rooms.
Process Equipment. Equipment, including pressure
						  vessels, rotating equipment, piping, instrumentation, process control, or
						  appurtenance, related to a process.
Process Safety Culture. A combination of group values
						  and behaviors that reflects whether there is a collective commitment by leaders
						  and individuals to emphasize process safety over competing goals, in order to
						  ensure protection of people and the environment.
Process Safety Hazard. A hazard of a process that has
						  the potential for causing a major incident or death or serious physical
						  harm.
Process Safety Management (PSM). The application of
						  management systems to ensure the safety of petroleum refinery processes.
Process Safety Performance Indicators. Measurements of
						  the refinery's activities and events that are used to evaluate the performance
						  of process safety systems.
Qualified Operator. A person designated by the employer
						  who, by fulfilling the requirements of the training program defined in
						  subsection (g), has demonstrated the ability to safely perform all assigned
						  duties.
Reactive Substance. A self-reactive chemical, as
						  defined in CCR Title 8, Section
						  5194, Appendix B.
Recognized and Generally Accepted Good Engineering
						  Practices (RAGAGEP). Engineering, operation or maintenance activities
						  established in codes, standards, technical reports or recommended practices,
						  and published by recognized and generally accepted organizations such as the
						  American National Standards Institute (ANSI), American Petroleum Institute
						  (API), American Society of Heating, Refrigeration and Air Conditioning
						  Engineers (ASHRAE), American Society of Mechanical Engineers (ASME), American
						  Society of Testing and Materials (ASTM), National Fire Protection Association
						  (NFPA), and Instrument Society of America (ISA). RAGAGEP does not include
						  standards, guidelines or practices developed for internal use by the
						  employer.
Replacement-in-kind. A replacement that satisfies the
						  design specifications.
Safeguard. A device, system or action designed to
						  interrupt the chain of events or mitigate the consequences following an
						  initiating cause.
* Passive Safeguards. Process or equipment design
						  features that minimize a hazard by reducing either its frequency or
						  consequence, without the active functioning of any device; for example, a diked
						  wall around a storage tank of flammable liquids.
* Active Safeguards. Controls, alarms, safety
						  instrumented systems and mitigation systems that are used to detect and respond
						  to deviations from normal process operations; for example, a pump that is shut
						  off by a high-level switch.
* Procedural Safeguards. Policies, operating
						  procedures, training, administrative checks, emergency response and other
						  management approaches used to prevent incidents or to minimize the effects of
						  an incident. Examples include hot work procedures and emergency response
						  procedures.
Safety Instrumented Systems. Systems designed to
						  achieve or maintain safe operation of a process in response to an unsafe
						  process condition.
Serious Physical Harm. Defined by Labor Code Section
						  6432(e).
Temporary Pipe or Equipment Repair. A temporary repair
						  of an active or potential leak from process piping or equipment. This
						  definition includes active or potential leaks in utility piping or utility
						  equipment that affect a process, and that could result in a major
						  incident.
Toxic Substance. Acute toxicity, as defined in CCR
						  Title 8, Section
						  5194, Appendix A.
Turnaround. A planned total or partial shutdown of a
						  petroleum refinery process unit or plant to perform maintenance, overhaul or
						  repair of a process and process equipment, and to inspect, test and replace
						  process materials and equipment. Turnaround does not include unplanned
						  shutdowns that occur due to emergencies or other unexpected maintenance matters
						  in a process unit or plant. Turnaround also does not include routine
						  maintenance, where routine maintenance consists of regular, periodic
						  maintenance on one or more pieces of equipment at a refinery process unit or
						  plant that may require shutdown of such equipment.
Utility. A system that provides energy or other
						  process-related services to enable the safe operation of a refinery process.
						  This definition also includes water, steam and asphyxiants, such as nitrogen
						  and carbon dioxide, when used as part of a process.
(d) Process Safety Information.
(1) The employer shall develop and maintain a
						compilation of written Process Safety Information (PSI) before conducting any
						Process Hazard Analysis (PHA), Hierarchy of Hazard Controls Analysis (HCA),
						Safe-guard Protection Analysis (SPA) or Damage Mechanism Review (DMR), pursuant
						to this Section. The compilation of written PSI shall be sufficient to enable
						the employer and employees involved in operating or maintaining a process to
						identify and understand the hazards posed by the process.
(2) The PSI shall include information
						pertaining to the following:
(A) The hazards
						of highly hazardous materials used in or produced by the process;
(B) The technology of the process;
(C) Process equipment used in the process;
						and,
(D) Results of previous
						DMRs.
(3) The employer
						shall provide for employee participation, pursuant to subsection (q). The PSI
						shall be made available to all employees and relevant PSI shall be made
						available to affected employees of contractors. Information pertaining to the
						hazards of the process shall be effectively communicated to all affected
						employees.
(4) Information
						pertaining to hazards of highly hazardous materials used in, present in or
						produced by the process shall include at least the following:
(A) Toxicity information, including acute and
						chronic health hazards;
(B)
						California Permissible Exposure Limits (PELs), as listed in CCR Title 8,
						Section 5155;
(C) Physical data;
(D) Corrosion data;
(E) Thermal and chemical stability
						data;
(F) Reactivity data;
						and,
(G) Hazardous effects of
						incompatible mixtures that could foreseeably occur.
NOTE TO (d)(4)(A) - (G): Safety Data Sheets meeting the
						  requirements of CCR Title 8, Section
						  5194(g) may be
						  used to comply with this requirement to the extent that they meet the
						  information provisions.
(5) Information pertaining to the technology
						of the process shall include at least the following:
(A) A block flow diagram or simplified
						process flow diagram;
(B) Process
						chemistry;
(C) Maximum intended
						inventory;
(D) Safe upper and lower
						limits for process variables, such as temperatures, pressures, flows, levels
						and compositions; and,
(E) The
						consequences of deviations, including chemical mixing and reactions that may
						affect the safety and health of employees.
(6) Information pertaining to process
						equipment shall include at least the following:
(A) Materials of construction;
(B) Piping and instrumentation
						diagrams;
(C) Electrical
						classification;
(D) Relief system
						design and design basis;
(E)
						Ventilation system design;
(F)
						Design codes and standards employed, including design conditions and operating
						limits;
(G) Material and energy
						balances for processes built after September 1, 1992;
(H) Safety systems, such as interlocks and
						detection and suppression systems; and,
(I) Electrical supply and distribution
						systems.
(7) The employer
						shall document that process equipment complies with RAGAGEP, where RAGAGEP has
						been established for that process equipment, or with more protective internal
						practices that ensure safe operation.
(8) If the employer installs new process
						equipment for which no RAGAGEP exists, the employer shall document that this
						equipment is designed, constructed, installed, maintained, inspected, tested
						and operating in a safe manner.
(9)
						If existing process equipment was designed and constructed in accordance with
						codes, standards or practices that are no longer in general use, the employer
						shall document that the process equipment is designed, installed, maintained,
						inspected, tested and operating in a safe manner for its intended
						purpose.