On May 30, 2018, the Environmental Protection Agency (EPA) published proposed revisions to the Risk Management Program (RMP) rules that would largely undo changes to the (stayed) final rule published on January 13, 2017. See 83 Fed. Reg. 24850 (May 30, 2018). Although not a complete one hundred eighty degree U-turn, the revised proposed
Process Hazard Analysis
Statute of Limitations Applies to Old PHA Recommendations
By Kean Miller on
At the very end of 2016, the Fifth Circuit Court of Appeals vacated two Occupational Safety and Health Administration (“OSHA”) citations against an employer that allegedly failed to timely resolve open findings and recommendations from Process Hazard Analysis (PHA). The 2008 citation related to multiple PHAs that occurred over a decade (with the last being…
EPA RMP Requirements: Safer Technology and Alternatives Analysis
By Kean Miller on
Posted in OSHA, Process Safety Management
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule. On January 13, 2017, the EPA published a new final rule. This is fourth in a planned series that will address five major changes: root cause analysis for near misses, third-party audits, inherently safer technology,…
EPA Amends the Risk Management Program (RMP) Rule
By Kean Miller on
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the RMP Rule . On December 21, 2016, the EPA disclosed its changes via a Pre-Publication Copy.
In the proposed rule, the EPA essentially agreed that the scope and trigger for post incident investigation was not universally understood or applied. The final rule…
How Do These Common Elements Work Together to Promote Safety?
By Kean Miller on
Posted in Process Safety Management
Process safety information (“PSI”) is the foundation on which the rest of the PSM and RMP elements are built. Process safety information is that information that is needed to make sound safety decisions and it includes descriptions of the hazardous chemicals, the technology of the process, and the equipment in the process. Both…
What is Meant by the Requirement to Resolve the Team’s Findings?
By Kean Miller on
Posted in Process Safety Management
Both PSM and RMP require that the owner or operator have a system in place to promptly address the team’s PHA findings and recommendations to assure they are resolved in a timely matter. See 29 CFR 1910.119(e)(5) and 40 CFR 68.67(e). In accordance with Pre-startup review requirements, these PHA recommendations must be resolved or implemented…
What is the Significance of the PHA Team?
By Kean Miller on
Posted in Process Safety Management
A PHA team must have the following expertise:
- engineering and process operations;
- experience and knowledge specific to the process being evaluated; and
- a facilitator (knowledgeable in the specific PHA methodology being used)
Employers must have a written plan to include employees and their representatives on the conduct and development of PHAs. 29 CFR 1910.119(c) and…