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s 5171. Carboys Containing Flammable Liquids.
s 5172. Drums Containing Flammable Liquids.
s 5173. Flammable Vapors.
s 5174. Combustible Dusts -General.
(a) Any action which liberates combustible dust that exceeds or may reasonably be expected to exceed a concentration of 25 percent of its lower explosive limit in air shall not be permitted unless all sources of ignition are eliminated or are identified and specifically controlled.
Note: Most combustible materials and some materials not usually considered combustible when reduced to dust or powder form, present an explosion hazard when mixed with air.
(b) No source of ignition shall be permitted in locations where a hazard of dust explosion exists until all dust-producing operations have been stopped, airborne dust allowed to settle, and accumulated dust removed to an extent which will remove the hazard of the dust explosion.
(c) All machines, conveyors, housings, and conductive surfaces in locations where combustible dusts are generated or are present shall be electrically bonded to ground to prevent the accumulation of electrostatic charges which are sufficient to potentially cause dust ignition.
(d) Hoses and nozzles used in the collection or blowing of dusts shall have electrical continuity maintained along the entire length from coupling to nozzle and shall be bonded to ground.
(e) Static electricity shall be removed from belts by grounded metal combs or other effective static elimination devices.
Note: Ground/grounded see definition of Grounded, Effectively in Section 3207.
(See Electrical Safety Orders for regulations governing electrical installations in locations where combustible dusts are generated, or are present.)
(f) All enclosed areas wherein combustible dusts are generated or are present, except in closed or covered containers shall be cleaned as often as necessary to prevent accumulation of dust on floors, ledges, beams, equipment, machines or elsewhere which may present a fire or explosion hazard. Safe means of access for cleaning of all surfaces shall be provided.
Note: (1) The cleaning of surfaces by a permanently installed grounded vacuum cleaning system is the preferable method. Soft push brooms or brushes may be used without serious hazard except where brushed dust may form explosive clouds in air. (Warning: Brush bristles of synthetic fiber have a tendency to accumulate strong electrostatic charges.) Blowing dust with compressed air may create dangerous dust clouds and such cleaning should be done only when other methods cannot be used and after all possible sources of ignition have been eliminated, including bonding hoses and nozzles to ground.
Note: (2) See Section 5144 for respiratory protective equipment requirements.
(g) Pneumatic or magnetic separators shall be provided to remove metal or foreign matter capable of igniting combustible material being processed in grinding, shredding, or pulverizing equipment.
(h) Machines and equipment in which the hazard of dust explosion exists shall be so located, constructed, enclosed or vented, that the force of an explosion in the machine or equipment may be dissipated without endangering employees in the regular performance of their duties.
(i) Dust collectors for combustible dusts which present an explosion hazard shall be located outdoors or in detached rooms of fire-resistant construction and provided with adequate explosion vents, except that liquid-spray type collectors may be located within buildings.
Note: It is recommended that all plants of this type be of fire-resistant construction, and that sections of the walls or roof be made of glass or other material which will act as a vent in case of explosion. For heavy construction, one square foot of vent area should be provided for each 80 cubic feet of room capacity; for medium construction, one square foot vent area should be provided for each 65 cubic feet of room capacity and for light construction, one square foot of vent area should be provided for each 50 cubic feet of room capacity. For sulfur plants the vent area should be not less than 15 percent of the total wall, floor and ceiling area; for starch plants, where dry starch grinding and grading, pearl and powdered starch bulk packing, or lump starch cooking, pressing, grading, and packing are carried on, daylight construction, with window surface equal to at least half of the total wall surface is recommended.
(j) Smoking shall not be allowed in any location where hazard of a dust explosion exists.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5175. Combustible Metals.
(a) All requirements of NFPA 65-1980, "Standard for the Processing and Finishing of Aluminum," incorporated herein by this reference, shall apply to operations where aluminum or aluminum alloys are subjected to processing or finishing operations which produce fine metallic powder or dust. Such operations include, but are not limited to, grinding, buffing, and polishing. This standard shall also apply to the handling and storage of aluminum powder by users of such material.
(b) All requirements of NFPA 651-1980, "Standard for the Manufacture of Aluminum or Magnesium Powder," incorporated by this reference, shall apply to manufacturing facilities which produce light metal flake powder or paste, atomized light metal granules, or the dust of any light metal or alloy that is explosive in an environmental atmosphere. At locations for which a building permit was issued or occupancy commenced before July 1, 1987, Chapter 2 of NFPA 651-1974, "Standard for the Manufacture of Aluminum or Magnesium Powder," incorporated herein by this reference, shall apply in place of Chapter 2 of NFPA 651-1980. (Title 24, Part 6, Section 5175(b)).
(c) All requirements of NFPA 48-1982, "Standard for the Storage Handling and Processing of Magnesium," incorporated herein by this reference, shall apply to the storage, handling and processing of magnesium at magnesium foundries, processing plants, and commercial storage facilities. At locations for which a building permit was issued or occupance commenced before December 29, 1981, paragraph 211 of NFPA 48-1974, "Standard for the Storage, Handling and Processing of Magnesium," incorporated herein by this reference, shall apply in place of paragraph 2-1.1 of NFPA 48-1982. (Title 24, Part 6, Section 5175(c))
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5176. Pyrophoric Substances.
Note: Provisions of this order do not apply to operations in the manufacture of pyrophoric substances.
(a) Pyrophoric substances shall, as far as practicable, be stored and handled under a suitable liquid which will prevent contact of the substance with air and with moisture if the substance reacts violently with water.
(b) Where such substances are handled or used in the dry state, the amount at each work station shall be not more than one half-day's supply or product; provided, however, that where less than one half-day's supply or product may constitute a serious hazard, the permissible amount may be restricted to less than a half-day's supply.
(c) Work stations where pyrophoric substances are used or handled in the dry state shall be separated by distance, barricades, or other means so that a fire in the substance at one station will not ignite a substance at any other station.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5177. Spontaneously Combustible Material.
Note: Provisions of this order do not apply to operations in the manufacture of spontaneously combustible material.
(a) Waste materials prone to spontaneous combustion shall be disposed of as frequently as necessary to prevent their becoming a hazard. Rags soaked with vegetable or fish oil should be disposed of daily and kept in covered containers or water-filled containers until disposed of.
(b) Accumulations of seed, fish meal, etc. from which oil has been extracted shall be stored in a location where fire originating from spontaneous combustion will not endanger employees; and shall be disposed of in a safe manner as often as may be necessary to preclude likelihood of spontaneous combustion.
Note: Unless a solvent is used in the extraction process, such materials frequently contain enough residual oil to be prone to spontaneous combustion.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5178. Grain Handling Facilities.
This section and section 5158 applies to all grain handling facilities.
Exception: This section does not apply to seed plants which handle and prepare seeds for planting and on-farm or feedlot facilities.
(a) The employer shall either issue written authorization for entering bins, silos, or tanks or provide a qualified supervisor during the entire operation. The written authorization shall certify that the precautions contained in section 5158 have been implemented prior to employees entering confined spaces. The written authorization shall be maintained on file for inspection by the Division.
(b) Prior to the entry of a confined space, the atmosphere within a bin, silo or tank shall be tested. If the oxygen content is less than 19.5 percent (%), or if combustible gas or vapor is detected in excess of 10% of the lower explosive limit, the requirements prescribed by section 5158 shall apply.
(c) The housekeeping program for grain elevators shall address fugitive grain dust accumulations at priority housekeeping areas.
(1) Priority housekeeping areas shall include at least the following:
(A) Floor areas within 35 feet of inside bucket elevators;
(B) Floors of enclosed areas containing grinding equipment; and
(C) Floors of enclosed areas containing grain dryers located inside the facility.
(2) The employer shall immediately remove any grain dust accumulations whenever they exceed 1/8 inch (.32cm) at priority housekeeping areas.
Exception: Grain and product spills shall not be considered fugitive grain dust accumulations. However, the housekeeping program shall address the procedures for removing such spills from the work area.
(d) Fabric dust filter collectors which are a part of a pneumatic dust collection system shall be equipped wi the a monitoring device that will indicate a pressure drop across the surface of the filter.
(e) By April 1, 1991, all direct-heat grain dryers shall be equipped with following automatic controls that will:
(1) shut-off the fuel supply in case of power or flame failure or interruption of air movement through the exhaust fan; and
(2) stop the grain from being fed into the dryer if excessive temperature occurs in the exhaust of the drying section.
(f) Direct-heat grain dryers installed after the effective date of these regulations, shall be located in one of the following areas:
(1) outside the grain elevator; or
(2) inside the grain elevator protected by a fire or explosion suppression system; or
(3) inside the grain elevator separated from other areas of the facility by construction having at least a one hour fire-resistance rating.
(g) Inside bucket elevators (bucket elevators).
(1) Bucket elevators shall not be jogged to free a choked leg.
(2) All belts and lagging purchased after the effective date of these regulations shall be conductive. Such belts shall have a surface electrical resistance not to exceed 300 megohms.
(3) By April 1, 1991, all bucket elevators shall be equipped with a means of access to the head pulley section to allow inspection of the head pulley, lagging, belt, and discharge throat of the elevator head. The boot section shall also be provided with a means of access for clean-out of the boot and for inspection of the boot, pulley, and belt.
(4) By April 1, 1991, the employer shall:
(A) mount bearings externally to the leg casing; or
(B) provide vibration monitoring, temperature monitoring or other means to monitor the condition of bearings mounted inside or partially-inside the leg casing.
(5) By April 1, 1991, the employer shall equip bucket elevators with a motion detection device which will shut-down the bucket elevator when the belt speed is reduced by 20% of the normal operating speed.
(6) By April 1, 1991, the employer shall:
(A) equip bucket elevators with a belt alignment monitoring device which will initiate an alarm to employees when the belt is not tracking properly; or
(B) provide a means to keep the belt tracking properly, such as a system that provides constant alignment adjustment of belts.
(7) Subsections (g)(5) and (6) of this section do not apply to grain elevators having permanent storage capacity of less than one million bushels, provided that daily visual inspection is made of bucket movement and tracking of the belt.
(8) Subsections (g)(4), (5), and (6) do not apply to the following:
(A) bucket elevators which are equipped with an operation fire and explosion suppression system capable of protecting at least the head and boot section of the bucket elevator, or
(B) bucket elevators which are equipped with pneumatic or other dust control systems or methods that keep the dust concentration inside the bucket elevator at least 25% below the lower explosive limit at all times during operations.
(h) Employees shall not enter bins, silos, or tanks underneath a bridging condition, or where a buildup of grain products on the sides could fall and bury them.
(i) A certification record shall be maintained of each inspection performed in accordance with sections 3221(e) and 3328(b), containing the date of the inspection, the name of the person who performed the inspection and identification of the equipment inspected.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5179. Oxidizing Agents: General.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5180. Tank Cars Containing Hazardous Liquids.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5181. Entering Tank Cars.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5182. Confined Spaces.
Note: Authority cited: Section 142.3, Labor Code.
s 5183. Fuming Substances.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5184. Hazardous Mixtures.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5185. Changing and Charging Storage Batteries.
(a) Battery charging installations shall be located in areas designated for that purpose. Employees assigned to work with storage batteries shall be instructed in emergency procedures such as dealing with accidental acid spills.
(b) The area shall be adequately ventilated to prevent concentrations of flammable gases exceeding 20 percent of the lower explosive limit, and to prevent harmful concentration of mist from the electrolyte.
(c) Where corrosive liquids are regularly or frequently handled in open containers or drawn from reservoirs or pipelines, adequate means shall be provided to neutralize or dispose of spills and overflows promptly and safely.
(d) Carboy tilter, siphon, hand-operated bulb or hand-operated pump shall be provided and used for dispensing electrolyte or acid.
(e) Facilities shall be provided for protecting charging apparatus from damage by mobile equipment.
(f) Appropriate mechanical lifting and material handling devices or equipment shall be provided for handling batteries.
(g) Smoking shall be prohibited in the charging area.
(h) Precautions shall be taken to prevent open flames, sparks, or electric arcs in battery charging areas. When racks are used for support of batteries, they shall be made of materials nonconductive to spark generation or coated or covered to achieve this objective. Tools and other metallic objects shall be kept away from the top of uncovered batteries. Chargers shall be turned off when leads are being connected or disconnected.
(i) Electrolyte (acid or base, and distilled water) for battery cells shall be mixed in a well ventilated room. Acid or base shall be poured gradually into the water while stirring. Water shall never be poured into concentrated (greater than 75 percent) acid solutions .
(j) Mobile equipment shall be properly positioned and brake applied before attempting to change or charge batteries.
(k) When charging batteries, the vent caps shall be kept firmly in place to avoid electrolyte spray. Care shall be taken to assure that vent caps are functioning. The battery compartment cover(s) shall be open to dissipate heat.
( l) Facilities for quick drenching or flushing of the eyes and body shall be provided unless the storage batteries are:
(1) equipped with explosion resistant or flame arrestor type vents; or
(2) located in a compartment or other location such as to preclude employee exposure.
Exceptions: Automotive servicing facilities and parts stores where:
1. A suitable neutralizing agent is available.
2. An adequate supply of clean water is readily available.
3. The transfer system is essentially a closed system and does not involve handling acid in open containers.
(m) When taking specific gravity readings, the open end of the hydrometer shall be covered with an acid resistant material while moving it from battery to battery to avoid splashing or throwing the electrolyte.
(n) Electrolyte shall only be placed in suitable containers and shall not be stirred with metal objects.
(o) When a jumper battery is connected to a battery in a vehicle, the ground lead shall connect to ground away from the vehicle's battery. Ignition, lights and accessories on the vehicle shall be turned off before connections are made.
(p) Vent caps shall be in place when batteries are being moved.
Exceptions: Portable equipment battery systems:
Batteries and battery charging equipment of less than 100 watt hours are exempt.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5186. Pyroxylin Plastic.
All requirements of NFPA 40E-1980, "Code for the Storage of Pyroxylin Plastic," incorporated herein by this reference, shall apply to any building in which pyroxylin plastic is stored. This code shall apply to pyroxylin plastic, whether in the form of raw material, unfinished and finished products, and scrap. This code shall not apply to the storage of cellulose nitrate motion picture film. (Title 24, Part 6, Section 5186)
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5187. Nitrocellulose.
Note: This section refers to the use of bulk nitrocellulose or scrap nitrocellulose film for the manufacture of lacquer or other similar products. This material is not as highly nitrated as guncotton and is usually shipped wet with alcohol, other organic liquids or water.
(a) Buildings and Equipment.
(1) All buildings or rooms having more than 100 square feet of area or where the maximum possible distance to the exit exceeds 12 feet in which nitrocellulose is stored, processed, or handled shall have at least two exits, remote from each other and so arranged that there are no dead ends where a person might be trapped. Access to such exits shall not be blocked or impeded.
(2) Nitrocellulose shall not be stored or processed in a basement.
(3) All rooms wherein nitrocellulose is stored, handled or processed shall be cleaned as often as necessary to prevent accumulation of nitrocellulose on floors, ledges, beams, equipment, machines, or elsewhere. Floors shall be free of cracks where nitrocellulose might accumulate.
(4) Mechanical equipment, including pulleys and shafting shall be of metal and shall be electrically grounded. (See Electrical Safety Orders for regulations governing electrical installation.)
(b) Storage.
(1) Nitrocellulose shall be stored in a location remote from mixing and processing operations, preferably in a separate fireproof building. Out-door storage is not recommended but may be permitted, subject to local fire inspection, provided that the location is reasonably well isolated and not exposed to flame, sparks, or combustible material. Containers shall not be exposed to direct sunlight or stored near steam coils or other sources of heat. Rooms or buildings used for storage shall be heated indirectly so that no source of ignition will be present from this source. In heated buildings, the distance between containers and heating units shall be such as to prevent the metal of the container from rising above the temperature of the room itself, and heaters shall be so arranged that drums cannot, under any circumstances, come in contact with them.
(2) Nitrocellulose in storage shall be kept wet with solvent or water. All containers shall be inspected before being put in storage, and frequent inspection of drums in storage shall be made; if any are found on which closures are not tight, solvent or water shall be added if necessary and closure shall be tightened.
(3) Containers of nitrocellulose shall not be opened in a storage building.
(c) Handling.
(1) Nonferrous tools and equipment shall be used to open and handle drums of nitrocellulose, and where nitrocellulose is present in open containers. Trucks used to carry nitrocellulose shall have non-ferrous wheels. Rubber-tired wheels, unless conductive rubber is used, are not recommended on account of the static hazard.
(2) Operations shall be arranged so that nitrocellulose does not have an opportunity to dry out. All full or partially full barrels or drums shall be kept tightly covered when not in use.
(3) All open containers in which nitrocellulose or nitrocellulose lacquers are handled or processed shall be electrically grounded. When such materials are transferred from one container to another, the containers shall be bonded electrically before the transferring is started.
(4) Empty barrels shall be wiped clean (rags wet with water or solvent may be used) and closed as soon as emptied.
(d) General.
(1) Quick-acting deluge showers and fire blankets shall be provided and all employees shall be informed of their location and how to use them.
(2) Employees shall not wear clothing which has an accumulation of flammable material on it.
(3) Rags, refuse, sweepings, and other waste shall be kept in covered containers, wet down with water, and disposed of at least once a day by burning in a safe location.
(4) Matches, cigarette lighters, and other similar sources of ignition shall be prohibited in any room in which nitrocellulose is used, handled or stored. (Title 24, T8-5202(a))
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5188. Molten Salt Baths.
(a) Where molten salt baths are used for heat-treating metallic objects.
(1) All objects shall be thoroughly cleaned of oil, grease and dirt, and thoroughly dried of all moisture before being placed in the bath.
(2) Means shall be provided whereby the operator is protected from splashes or spatters of the molten salt while inserting or withdrawing metal objects.
(3) Hoods shall be provided for all baths containing nitrates or cyanides or other baths if fumes or vapors are produced in amounts giving rise to harmful exposure. Such hoods shall be provided with mechanical exhaust ventilation unless sufficient natural draft is produced.
(4) Where the location of the bath is such that there is a possibility of water coming in contact with the molten salt, a hood, shield, or other means shall be provided to preclude such contact.
(5) Workers exposed to spatters or splashes shall be protected as prescribed in Article 10. Clothing should be of wool or other material which does not burn readily.
(6) Baths not protected by hood or shield shall be provided with a removable cover which shall be placed over the bath during temporary shut downs and at end of periods of use.
(b) Nitrate Baths. In addition to the requirements of (a):
(1) No salt containing any cyanide or any organic compound shall be added to a salt bath containing nitrate. Proper warning signs to this effect shall be posted near all such baths.
(2) Nitrate baths shall not be operated at a temperature of greater than 1200 degrees F.
(3) Nitrate baths used to treat aluminum or its alloys shall not be operated at a temperature greater than 1000 degrees F. In such baths if the temperature reaches 1000 degrees F, or if the objects being treated and the bath appear to be beginning an exothermic reaction the operator shall withdraw the metal objects from the bath.
(4) Every nitrate bath over 10 cubic feet in capacity shall be provided with an automatic cut-off safety control which will shut off the source of heat when the temperature reaches the limits set forth in (2) or (3). This control shall be in addition to any regular controls whether they act automatically or manually.
(5) If external heating by gas or oil is used, the combustion chamber shall be arranged so that the sides of the chamber are bathed in hot gasses as uniformly as possible without any flame impinging directly on the containers and so that in case of failure of the container, molten salt will flow to a safe place and so that molten salt cannot drip or spatter into the combustion chamber.
(6) The molten salt container shall be emptied at regular intervals and inspected for deterioration. When inspection shows that deterioration has taken place to such an extent that failure is likely, or that uneven heating of the salt may occur, the container shall be replaced or repaired.
(7) No article shall be allowed to stay in the bottom of the bath. Accumulations of sediment or products of partial decomposition shall be removed regularly, as often as is necessary to prevent uneven heating of the bath. The chemical content of the bath should be checked frequently.
(8) Nitrate shall not be stored in the room with the bath. Storage in a separate building is recommended.
(9) Buildings in which nitrate baths are located should be of construction recommended by the National Board of Fire Underwriters Research Report, No. 2, 1954, for such location. Combustible materials in a room with a bath shall be kept to a minimum.
(10) Magnesium or magnesium alloy shall not be heat-treated in nitrate baths.
(11) When heat is turned off such a bath and before it is allowed to cool, a metal wedge long enough to reach from the bottom of the bath to above the surface shall be inserted to prevent explosion when bath is reheated.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 5189. Process Safety Management of Acutely Hazardous Materials.
(a) Scope and Purpose.
These regulations contain requirements for preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable or explosive chemicals. The establishment of process safety management regulations are intended to eliminate to a substantial degree, the risks to which employees are exposed in petroleum refineries, chemical plants and other facilities.
(b) Application.
(1) These regulations shall apply to a process which involves a chemical at or above the specified threshold quantities listed in Appendix A or a process which involves a flammable liquid or gas as defined in subsection (c).
EXCEPTION: (1) Flammable liquids stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit of chilling or refrigeration. (2) Hydrocarbon fuels used solely for workplace consumption (e.g. comfort heating propane, gasoline for motor vehicle refueling) if such fuels are not part of a process containing another acutely hazardous chemical covered by section 5189. (3) These regulations do not apply to retail facilities, oil or gas well drilling or servicing operations or normally unoccupied remote facilities.
(2) Explosives manufacturing operations shall comply with the provisions of Article 119 and these orders.
(3) The requirements of subsections (d) and (e) shall become effective within five (5) years according to the following phase-in schedule:
(A) No less than 25 percent shall be completed by August 10, 1994;
(B) No less than 50 percent shall be completed by August 10, 1995;
(C) No less than 75 percent shall be completed by August 10, 1996.
(D) All initial process hazards analyses shall be completed by August 10, 1997.
(4) Subsections (f) through (p) shall become effective on January 4, 1994.
(5) The installation of explosive devices, such as explosive bolts, detonating cords, explosive actuators, squibs, heating pellets and similar small exploding devices into finished products or devices that are not intended to explode and the repackaging of explosives are not considered manufacturing operations and are not covered by Section 5189.
(6) Explosives pre-manufacturing and post-manufacturing research and testing activities listed below are not covered by Section 5189 provided they are conducted in a separate, non-production research or test area or facility, and do not have the potential to cause or contribute to a release or interfere with mitigating the consequences of a catastrophic release from the explosive manufacturing process:
(A) Product testing and analysis which is not a part of any in-production sampling and testing of the explosive manufacturing process;
(B) Chemical and physical property analysis of explosives and propellants and pyrotechnics formulations;
(C) Scale-up research chemical formulations to develop production quantity formulations;
(D) Analysis of age tests conducted on finished products;
(E) Failure analysis tests conducted on pre-manufactured or finished products;
(F) X-raying;
(G) Quality assurance testing (not including the extraction of samples from an active explosive manufacturing production process);
(H) Evaluating environmental effects, such as hot, cold, jolt, jumble, drop, vibration, high altitude, salt and fog; and,
(I) Assembly of engineering research and development models.
(c) Definitions.
Acutely hazardous material. A substance possessing toxic, reactive, flammable or explosive properties and specific by subsection (b)(1).
Explosive. A substance identified in Title 49, Part 172 of the Code of Federal Regulations, the Department of Transportation effective on December 31, 1990.
Facility. The buildings, containers, or equipment which contain a process.
Flammable. Liquids or gases as defined in Section 5194(c) onsite and in one location in quantities of 10,000 pounds or more.
Hot Work. Electric or gas welding, cutting, brazing or any extreme heat, flame, or spark producing procedures or operations.
Major Accident. Any event involving fire, explosion, or release of a substance covered by this section which results in a fatality or a serious injury (as defined by Labor Code Section 6302) to persons in the workplace.
Normally unoccupied remote facility. A facility which is operated, maintained and serviced by employees who visit the unmanned facility only periodically to check its operation and perform necessary operating or maintenance tasks. No employees are permanently stationed to this facility. Facilities meeting this definition are not contiguous with and must be geographically remote from all other buildings, processes or persons.
Process. Any activity conducted by an employer that involves an acutely hazardous material, flammable substance or explosive including any use, storage, manufacturing, handling, or on-site movement of any of the preceding substances or combination of these activities. For purposes of this definition any group of vessels which are interconnected and separate vessels which are located such that an acutely hazardous material could be involved in a potential release shall be considered a single process.
Process Safety Management. The application of management programs, which are not limited to engineering guidelines, when dealing with the risks associated with handling or working near acutely hazardous materials, flammables, or explosives.
Replacement in Kind. A replacement which satisfies the design specification.
(d) Process Safety Information. The employer shall develop and maintain a compilation of written safety information to enable the employer and the employees operating the process to identify and understand the hazards posed by processes involving acutely hazardous, flammable and explosive material before conducting any process hazard analysis required by this regulation. The employer shall provide for employee participation in this process. Copies of this safety information shall be made accessible and communicated to employees involved in the processes, and include:
(1) Information pertaining to hazards of the acutely hazardous and flammable materials used in the process. This information shall consist of at least the following:
(A) Toxicity information;
(B) Permissible exposure limits as listed in Section 5155;
(C) Physical data;
(D) Corrosivity data;
(E) Thermal and chemical stability data;
(F) Reactivity data; and,
(G) Hazardous effects of incompatible mixtures which could forseeably occur. Note:Material Safety Data Sheets meeting the requirements of Section 5194(g) may be used to comply with this requirement to the extent they meet the information provisions.
(2) Information pertaining to the technology of the process. Information concerning 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/or compositions; and,
(E) The consequences of deviations, including those affecting the safety and health of employees. Note:For processes for which data is unavailable, the information concerning the technology of the process may be developed from a process/hazard analysis conducted in accordance with subsection (e).
(3) Information pertaining to the equipment in the process.
(A) Information pertaining to the equipment in the process shall include at least the following:
1. Materials of construction;
2. Piping and instrument diagrams (P&ID's);
3. Electrical classification;
4. Relief system design and design basis;
5. Ventilation system design;
6. Design codes employed including design conditions and operating limits;
7. Material and energy balances for processes built after September 1, 1992;
8. Safety systems (such as interlocks, detection and suppression systems, etc.); and,
9. Electrical supply and distribution systems.
(B) The employer shall document that the equipment complies with the criteria established in subsection (d)(3)(A) in accordance with recognized and generally accepted good engineering practices.
(C) 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 the equipment is designed, maintained, inspected, tested and operating in a safe manner.
(4) A copy of the process safety information and communication shall be accessible to all employees who perform any duties in or near the process.
(e) Process Hazard Analysis.
(1) The employer shall perform a hazard analysis appropriate to the complexity of the process for identifying, evaluating, and controlling hazards involved in the process and shall determine and document the priority order for conducting process hazard analyses based on the extent of process hazards, number of potentially affected employees, age of the process and process operating history, using at least one of the following methodologies.
(A) What-If;
(B) Checklist;
(C) What-If/Checklist;
(D) Hazard and Operability Study (HAZOP);
(E) Failure Mode and Effects Analysis (FMEA); or
(F) Fault-Tree Analysis. Note:The employer may utilize other hazard analysis methods recognized by engineering organizations or governmental agencies. In the absence of (A) - (F) or other recognized hazard analysis methods, the employer may utilize a hazard analysis method developed and certified by a registered professional engineer for use by the process hazards analysis team.
(2) The hazard analysis shall address:
(A) The hazards of the process;
(B) Engineering and administrative controls applicable to the hazards and their relationships;
(C) Consequences of failure of these controls;
(D) Facility Siting;
(E) Human Factors;
(F) A qualitative evaluation of a range of the possible safety and health effects of the failure of controls on facility employees; and
(G) The identification of any previous incident which had a likely potential for catastrophic consequences in the workplace. N ote:The employer may utilize the facility's Risk Management Prevention Plan(s) (RMPP) prepared pursuant to Article 2, Chapter 6.95 (commencing with Section 25531) of Division 20 of the Health and Safety Code to the extent that is satisfies the requirements of subsections (e)(1) and (2).
(3)(A) 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 operating employee who has experience and knowledge specific to the process being evaluated. The team shall also include one member knowledgeable in the specific process hazard analysis methodology being used. The final report containing the results of the hazard analysis for each process shall be available in the respective work area for review by any person working in that area.
(B) The employer shall consult with the affected employees and where appropriate their recognized representatives on the development and conduct of hazard assessments performed after the effective date of this section. Affected employees and where applicable their representatives shall be provided access to the records required by this section.
(4) The employer shall establish a system to promptly address the team's findings and recommendations; document any actions taken to implement the team's recommendations; develop a written schedule of when these actions are to be completed; assure that the recommendations are resolved in a timely manner; make them available to operating, maintenance and any other persons whose work assignments are in the facility, and who are affected by the recommendations or actions; and assure that the recommendations are evaluated in a timely manner or implement an alternative resolution which appropriately addresses the degree of hazard posed by the scenario.
(5) At least every five (5) years, the process hazard analysis shall be updated and revalidated, by a team meeting the requirements in subsection (e)(3), to assure that the process hazard analysis is consistent with the current process.
(6) Employers shall retain process hazard analyses and/or updates for each process covered by this section, as well as the documented actions described in subsection (e)(4).
(7) Upon request of any worker or any labor union representative of any worker in the area, the employer shall provide or make available a copy of the employer's RMPP.
(8) The employer shall conduct the process hazard analysis as soon as possible but not later than the dates shown in subsection (b)(3).
(f) Operating Procedures.
(1) The employer shall develop and implement written procedures that provide clear instructions for safely conducting activities involved in each process consistent with the process safety information and shall address at least the following.
(A) Steps for each operating phase:
1. Start-up;
2. Normal operation;
3. Temporary operations as the need arises;
4. Emergency operations, including emergency shutdowns, and who may initiate these procedures;
5. Normal shutdown; and,
6. Start-up following a turnaround, or after an emergency shutdown.
(B) Operating limits:
1. Consequences of deviation;
2. Steps required to correct and/or avoid deviation; and
3. Safety systems and their functions.
(C) Safety and health considerations:
1. Properties of, and hazards presented by, the chemicals used in the process;
2. Precautions necessary to prevent exposure, including administrative controls, engineering controls, and personal protective equipment;
3. Control measures to be taken if physical contact or airborne exposure occurs;
4. Safety procedures for opening process equipment (such as pipe line breaking);
5. Verification of raw materials and control of hazardous chemical inventory levels; and,
6. Any special or unique hazards.
(2) A copy of the operating procedures shall be readily accessible to employees who work in or near the process area or to any other person who works in or near the process area.
(3) The operating procedures shall be reviewed as often as necessary to assure that they reflect safe operating practices, including changes that result from changes in process chemicals, technology, and equipment; and changes to facilities.
(4) The employer shall develop and implement safe work practices to provide for the control of hazards during operations such as opening process equipment or piping and control over entrance 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. Each employee presently involved in operating or maintaining a process, and each employee before working in a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in subsection (f). The training shall include emphasis on the specific safety and health hazards, procedures, and safe practices applicable to the employee's job tasks.
(2) Refresher and supplemental training. At least every three years, and more often if necessary, refresher and supplemental training shall be provided to each maintenance or operating employee and other workers necessary to ensure safe operation of the facility. The employer in consultation with employees involved in operation or maintenance of a process shall determine the appropriate frequency of refresher training.
(3) Training certification. The employer shall ensure that each employee involved in the operation or maintenance of a process has received and successfully completed training as specified by this subsection. The employer, after the initial or refresher training shall prepare a certification record which contains the identity of the employee, the date of training, and the signatures of the persons administering the training.
(4) Testing procedures shall be established by each employer to ensure competency in job skill levels and safe and healthy work practices.
(h) Contractors.
(1) The employer shall inform contractors performing work on, or near, a process of the known potential fire, explosion or toxic release hazards related to the contractor's work and the process, and require that contractors have trained their employees to a level adequate to safely perform their job. The employer shall also inform contractors of any applicable safety rules of the facility, and assure that the contractors have so informed their employees.
(2) The employer shall explain to contractors the provisions of the emergency action plan required in subsection (n).
(3) Contractors shall assure that each of their employees have received training to safely perform their job and that the contract employees shall comply with all applicable work practices and safety rules of the facility.
(4) The contractor's training program shall be performed in accordance with the requirements of subsection (g).
(5) The employer when selecting a contractor shall obtain and evaluate information regarding the contract employer's safety program.
(6) The employer shall periodically evaluate the performance of contract employers in fulfilling their obligations as specific in subsection (h)(3) of this section.
(7) The employer shall obtain and make available upon request a copy of the contract employer's injury and illness log related to the contractor's work in the process areas.
(i) Pre-start Up Safety Review.
(1) The employer shall perform a pre-start up safety review for new facilities and for modified facilities for which the modification necessitates a change in the process safety information.
(2) The pre-start up safety review shall confirm that prior to the introduction of acutely hazardous, flammable and explosive materials to a process:
(A) Construction and/or equipment are in accordance with design specifications;
(B) Safety, operating, maintenance, and emergency procedures are in place and are adequate;
(C) For new facilities, a process hazard analysis has been performed and recommendations have been resolved or implemented before start-up; and modified facilities meet the requirements contained in subsection (l ); and,
(D) Training of each operating employee and maintenance worker has been completed.
(3) The Pre-Start Up Safety Review shall involve employees with expertise in process operations and engineering. The employees will be selected based upon their experience and understanding of the process systems being evaluated.
(j) Mechanical Integrity.
(1) Written procedures.
(A) The employer shall establish and implement written procedures to maintain the ongoing integrity of process equipment and appurtenances. These procedures shall include a method:
1. for allowing employees to identify and report potentially faulty or unsafe equipment; and
2. to record their observations and suggestions in writing.
(B) The employer shall respond regarding the disposition of the employee's concerns contained in the report(s) in a timely manner.
(C) The employer shall provide employees and their representatives access to the information required in subsection (j)(1).
(2) Inspection and testing.
(A) Inspections and tests shall be performed on process equipment.
(B) Inspection and testing procedures shall follow recognized and generally accepted good engineering practices.
(C) The frequency of inspections and tests shall be consistent with applicable manufacturer's recommendations and good engineering practices and more frequently if determined necessary as dictated by operating history.
(D) The employer shall have a certification record that each inspection and test has been performed in accordance with this subsection. The certification shall identify the date of the inspection; the name of the person who performed the inspection and test; and the serial number or other identifier of the equipment.
(3) Equipment deficiencies. The employer shall correct deficiencies in equipment which are outside acceptable limits defined by the process safety information in subsection (d) before further use, or in a safe and timely manner provided means are taken to assure safe operation.
(4) Quality assurance.
(A) The employer shall assure that in the construction of new plants and equipment modified, repaired, or fabricated equipment is suitable for the process aplication for which they will be used.
(B) Appropriate checks and inspections shall be performed as necessary to assure that equipment is installed properly and is consistent with design specifications and manufacturer's instructions.
(C) The employer shall assure that maintenance materials, spare parts and equipment, meet design specifications and applicable codes.
(k) Hot Work Permit.
(1) The employer shall develop and implement a written procedure for the issuance of "hot work" permits.
(2) The permit shall certify that the applicable portions of the fire prevention and protection requirements contained in Sections 4848 and 6777 have been implemented prior to beginning the hot work operations; indicate the date(s) authorized for hot work; and identify the equipment or facility on which hot work is to be done. 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 "replacement in kind") to process chemicals, technology, and equipment, and changes to facilities.
(2) The procedures shall assure that the following are addressed prior to any change:
(A) The technical basis for the proposed change;
(B) Impact of change on safety and health;
(C) Modifications to operating procedures;
(D) Necessary time period for the change; and,
(E) Authorization requirements for the proposed change.
(3) Employees involved in the process shall be informed of, and trained in, the change in the process as early as practicable prior to its start up.
(4) If a change covered by this subsection results in a change to the process safety information, such information shall be appended and/or updated in accordance with subsection (d).
(5) If a change covered by this subsection results in a change to the operating procedures, such procedures shall be appended and/or updated in accordance with subsection (f).
(m) Incident Investigation. (continued)