[Federal Register: January 30, 2006 (Volume 71, Number 19)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. ICR 1218-0200(2006)]
Process Safety Management of Highly Hazardous Chemicals Standard;
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comment.
SUMMARY: OSHA solicits public comment concerning its request for an
extension of the information collection requirements specified by its
Process Safety Management of Highly Hazardous Chemicals Standard (29
DATES: Comments must be submitted by the following dates:
Hard copy: Your comments must be submitted by March 31, 2006.
Facsimile and electronic transmission: Your comments must be
received by March 31, 2006.
ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0200(2006), by any of the following methods:
Regular mail, express delivery, hand delivery, and messenger
service: Submit your comments and attachments to the OSHA Docket
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number
is (877) 889-5627). OSHA Docket Office and Department of Labor hours
are 8:15 a.m. to 4:45 p.m., e.t.
Facsimile: If your comments are 10 pages or fewer in length,
including attachments, you may fax them to the OSHA Docket Office at
Electronic: You may submit comments through the Internet at http://ecomments.osha.gov.
Follow instructions on the OSHA Web page for submitting comments.
Docket: For access to the docket to read or download comments or
background materials, such as the complete Information Collection
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and
attachments), go to OSHA's Web page at http://www.OSHA.gov. In addition,
the ICR, comments and submissions are available for inspection and copying
at the OSHA Docket Office at the address above. You may also contact
Theda Kenney at the address below to obtain a copy of the ICR. For additional
information on submitting comments, please see the ``Public Participation''
heading in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, Room N-3609, 200 Constitution Avenue,
NW., Washington, DC 20210, telephone: (202) 693-2222.
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657).
The collections of information in the Standard are necessary for
implementation of the requirements of the standard. The information is
used by employers to assure that processes using highly hazardous
chemicals with the potential of a catastrophic release are operated as
safely as possible. The employer must thoroughly consider all facets of
a process, as well as the involvement of employees in that process.
Employers analyze processes so that they identify and control problems
that could lead to a major release, fire, or explosion. The following
sections describe who uses the information collected under each
requirement, as well as how they use it.
(A) Employee Participation (paragraph (c)). Employers are required
by paragraph (c)(1) to develop a written plan of action regarding the
implementation of the employee participation required by this
paragraph. Paragraph (c)(2) requires employers to consult with
employees and their representatives on the conduct and development of
process hazard analyses and on the development of the other elements of
process safety management in the Standard. Under paragraph (c)(3)
employers must provide access to process hazard analyses to employees
and their representatives.
(B) Process Safety information (paragraph (d)). Paragraph (d)
requires employers to complete a compilation of written process safety
information prior to conducting a process hazard analysis. The
compilation of written process safety information, which includes information
on the hazards of chemicals, the technology of the process, and the equipment
is to enable the employer and employees involved in operating the process to
identify and understand the hazards posed by processes involving highly
(C) Process Hazard Analysis (paragraph (e)(1)). Paragraph (e)(1)
requires the employer to perform an initial process hazard analysis on
processes covered by the Standard. The evaluation must be appropriate
to the complexity of the process and must identify, evaluate, and
control the hazards involved in the process.
(D) Resolution of Hazards (paragraph (e)(5)). Paragraph (e)(5)
requires documentation of the actions the employer takes to resolve the
findings and recommendations of the team that performed the process
hazard analysis, including a schedule for completing these actions. In
addition, the employer is to communicate this information to affected
operating, maintenance, and other employees whose work assignments are
in the process.
(E) Updating, Revalidating, and Retaining the Process Hazard
Analysis (paragraphs (e)(6) and (e) (7)). Paragraph (e)(6) requires
that the initial process hazard analysis be updated and revalidated by
a team at least every 5 years. Paragraph (e)(7) requires the employer
to retain process hazard analyses for each process covered by this
section, as well as the documented resolution of recommendations
described in paragraph (e)(5).
(F) Operating Procedures (paragraphs (f)(1)-(f)(4)). Paragraph
(f)(1) requires the employer to develop and implement written operating
procedures that provide clear instructions for safely conducting
activities involved in each covered process consistent with the process
safety information. Paragraph (f)(2) requires the employer to make the
operating procedures readily accessible to employees who work in or
maintain a process. Paragraph (f)(3) requires the employer to review
the operating procedures as often as necessary to assure that they
reflect current operating practice, and that the employer certify
annually that these operating procedures are current and accurate.
Paragraph (f)(4) requires the employer to develop and implement safe
work practices that provide for the control of hazards during
operations such as lockout/tagout; confined space entry; opening
process equipment or piping; and control over entrance into a facility
by maintenance, contractor, laboratory, or other support personnel.
These safe practices apply to both employees and contractor employees.
(G) Training (Initial, Refresher, and Documentation) (paragraphs
(g)(1)-(g)(3)). Paragraph (g)(1) requires employers to train employees
before they become involved in operating a newly assigned process. The
training shall emphasize specific safety and health hazards; emergency
operations, including shutdown; and safe work practices applicable to
the employee's job tasks. Paragraph (g)(2) requires that the employer
provide refresher training at least every 3 years. Paragraph (g)(3)
requires the employer to prepare a record that contains the name of
employee, the date of training, and the means used to verify that the
employee understood the training.
(H) Contractors (paragraphs (h)(2)(i)-(h)(2)(iv), (h)(2)(vi),
(h)(3)(iii), and (h)(3)(v)). This paragraph imposes collection of
information requirements on both employers and on contractors.
Paragraph (h)(2)(i) requires employers, when selecting a contractor, to
obtain and evaluate information regarding the contract employer's
safety performance and programs. Paragraph (h)(2)(ii) requires that the
employer inform contract employers of known potential fire, explosion,
or toxic release hazards related to the contractor's work and the
process. Paragraph (h)(2)(iii) requires that the employer explain to
contract employers the applicable provisions of the emergency action
plan required by paragraph (n) of 29 CFR 1910.119. Paragraph (h)(2)(iv)
requires the employer to develop and implement safe work practices
consistent with paragraph (f)(4) of this section, to control the
entrance, presence and exit of contract employers and contract
employees in covered process areas. Paragraph (h)(2)(vi) requires the
employer to maintain a contract employee injury and illness log related
to the contractor's work in process areas. Paragraph (h)(3)(iii)
requires the contract employer to document: that contract employees
have been trained to perform their work practices safely and are
knowledgeable about the fire, explosion, and toxic hazards in the
workplace; and the identity of the contract employee who received the
training, the date of training, and the means used to verify that the
employee understood the training. paragraph (h)(3)(v) requires the
contractor to advise the employer of any unique hazard presented by the
contract employer's work, or any hazards found by the contract
(I) Written Procedures, Inspections, and Testing (paragraphs (j)(2)
and (j)(4)(iv)). Paragraph (j)(2) requires the employer to establish
written procedures to maintain the ongoing integrity of process
equipment. Paragraph (j)(4)(iv) requires that employers document
inspections and tests performed on process equipment. The documentation
shall identify the date of the inspection or test, the name of the
person who performed the inspection or test, the serial number or other
identifier of the equipment on which the inspection or test was
performed, a description of the inspection or test performed, and the
results of the inspection or test.
(J) Hot Work Permit (paragraph (k)(2)). Paragraph (k)(2) requires
the employer to provide the following information on permits issued for
hot work operations conducted on or near a covered process: The date(s)
authorized for hot work, and the identity of the object on which hot
work is to be performed. The permit must be kept on file until
completion of the hot work operations.
(K) Management of Change (paragraphs (l)(1), (l)(4), and (l)(5)).
Paragraph (I)(1) requires the employer to establish and implement
written procedures to manage changes (except for ``replacements in
kind'') to process chemicals, technology, equipment, and procedures;
and for changes to facilities that affect a covered process. Paragraph
(1)(4) requires the employer to update the information in paragraph (d)
of the Standard if a change in paragraph (1) results in a change to the
process safety information. Similarly, paragraph (1)(5) requires the
employer to update the information in paragraph (f) of the Standard if
a change in paragraph (1) results in a change to the operating
(L) Incident Investigations (paragraphs (m)(4)-(m)(7)). Paragraph
(m)(4) requires that a report be prepared at the conclusion of any
incident investigation, and that the report include, at a minimum, the
date of the incident; the date the investigation began; a description
of the incident; the factors that contributed to the incident; and any
recommendations resulting from the investigation. Paragraph (m)(5)
specifies that the employer must document resolutions and corrective
measures taken with regard to the findings and recommendations provided
in an incident investigation report, while paragraph (m)(6) states that
the employer must allow affected personnel (including contract
employees), whose job tasks are relevant to the incident findings, to
review the report. Paragraph (m)(7) requires that incident
investigation reports be retained for 5 years.
(M) Emergency Planning and Response (paragraph (n)). Paragraph (n)
requires the employer to establish and implement an emergency action
plan in accordance with the provisions of 29 CFR 1910.38(a). In
addition, the emergency action plan shall include procedures for
handling small releases.
(N) Compliance Audits (paragraph (o)(1) and (o)(3)-(o)(5)). Under
paragraph (o)(1), employers are required to certify that they have
evaluated compliance with the provisions of this section at least every
3 years to ensure that the procedures and practices developed under the
standard are adequate and are being followed. Paragraph (o)(3) requires
that a report of the audit findings be developed, while paragraph
(o)(4) states that the employer must promptly determine and document an
appropriate response to each of the findings of the compliance audit,
and document that the deficiencies have been corrected. Paragraph
(o)(5) requires that the 2 most recent reports be retained.
(O) Records Disclosure. Employers must disclose records required by
the Standard to an OSHA compliance officer during an OSHA inspection.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
OSHA is requesting OMB to extend their approval of the collection
of information requirements contained in the Process Safety Management
Standard. The Agency is requesting a decrease in burden hours for the
existing collection of information requirements from 50,980,689 to
47,832,349 (a total reduction of 3,148,340 hours). The Agency will
summarize the comments submitted in response to this notice, and will
include this summary in its request to OMB.
Type of Review: Extension of currently approved information
Title: Process Safety Management of Highly Hazardous Chemicals (29
OMB Number: 1218-0200.
Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, local or tribal government.
Number of Respondents: 37,970.
Frequency: On occasion.
Average Time per Response: Varies from three minutes to generate
and maintain training certification records to 2,454.4 hours to
establish and implement a management-of-change program.
Estimated Total Burden Hours: 47,832,349.
Estimated Cost (Operation and Maintenance): $0.
IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions
You may submit comments and supporting materials in response to
this notice by (1) hard copy, (2) FAX transmission (facsimile), or (3)
electronically through the OSHA Web page. Because of security-related
problems, there may be a significant delay in the receipt of comments
by regular mail. Please contact the OSHA Docket Officer at (202) 693-
2350 (TTY (877) 889-5627) for information about security procedures
concerning the deliver of submissions by express delivery, hand
delivery, and courier service.
All comments, submissions, and background documents are available
for inspection and copying at the OSHA Docket Office at the above
address. Comments and submissions posted on OSHA's Web page are
available at http://www.OSHA.gov. Contact the OSHA Docket Office for
information about materials not available through the OSHA Web page and
for assistance using the Web page to locate docket submissions.
Electronic copies of this Federal Register notice as well as other
relevant documents are available on OSHA's Web page. Since all
submissions become public, private information such as social security
number should not be submitted.
V. Authority and Signature
Jonathan L. Snare, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2002
(67 FR 65008).
Signed at Washington, DC, on January 25, 2006.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 06-844 Filed 1-27-06; 8:45 am]
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