Text For Citation: 03 Item/Group: 006A Hazard: REFINERY

29 CFR 1910.119(c)(1) Employers shall develop a written plan of action regarding the implementation of the employee participation required by this paragraph. A. The employer did not develop a written employee participation plan-of-action which included information on how employees will be consulted on the development of all PSM standard elements. This violation was identified during inspections of the facility from November 2009 to March 2010, Silver Eagle Refining Inc., 2355 South 1100 West, Woods Cross, UT, 84087. As stated by Management, the written employee participation plan-of- action is included in the Standard Policies and Procedures, Number and Title: 6.9, "Employee Participation in Process Safety. Upon review, this policy states: "This plan identifies the ways employees, both hourly and salaried, will participate in the development and implementation of the various elements of the PSM program as mandated in the OSHA standard." Silver Eagle Refinery's employee plan of action does not explicitly address all of the 14 process safety management (PSM) elements. Items not explicitly addressed include, but are not limited to: Employee Participation, Compliance Audits, and Trade Secrets. By not developing a written employee participation plan of action for all PSM elements, site specific information and hazards may be overlooked, thus exposing employees to conditions that may result in serious injury or death. This occurrence may be system wide and would require evaluation in all applicable areas of the refinery.