“ Over the years, the working environment had eroded to one characterized by resistance to change, and lacking of trust, motivation, and a sense of purpose. Coupled with unclear expectations around supervisory and management behaviors this meant that rules were not consistently followed, rigor was lacking and individuals felt disempowered from suggesting or initiating improvements.”
Judge ruled - flammable liquids stored or transferred from atmospheric tanks are exempted regardless of quantity 1910.106 and the “General Duty Clause” is used to regulate stored flammables In a 1996 court decision, the judge ruled that coverage under OSHA's Process Safety Management Standard does not extend to stored flammables in "atmospheric tanks," even if they were connected to a "process" within the definition of the standard.
MEER Decision Process * Exemption if atmospheric tanks is used solely for storage * Process is covered if it involves 10,000 pounds or more of flammable liquid Flammable Storage Tank Flammable Liquid Storage Tank & Unit Operation Flammable Liquid Atmosphere Storage Tank with Flammable Gas Blanket * No exemption as the atmosphere tanks are used for purposes beyond storage
What? The host facility is responsible for all that PSM!
The contract employer shall…
assure that each contract employee is trained in the work practices
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.
document that each contract employee has received and understood the training required by this paragraph.
prepare a 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.
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.
Facility siting for trailers, Classified locations and ignition sources.
Example: Has the throughput changed from its original design rate for the Selected Unit(s)? If the throughput has changed, has the employer conducted a management of change (MOC) procedure for each throughput change(s) since May 26, 1992? If no, possible violations include: 119(l)(1) – the employer did not conduct an MOC when the throughput in the Selected Unit(s) changed.
1910.119(l)(1) The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process.
A carbon steel valve painted with aluminum paint was used instead of a stainless steel valve. It corroded rapidly.