[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Notices]
[Pages 71210-71212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30301]


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DEPARTMENT OF LABOR

 Occupational Safety and Health Administration

[Docket No. ICR-1218-0200 (2003)]


Standard on Process Safety Management of Highly Hazardous 
Chemicals (PSM); Extension of the Office of Management and Budget's 
Approval of Information-Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for comment.

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SUMMARY: OSHA request comment concerning its proposed extension of the 
information-collection requirements specified by its Standard on 
Process Safety Management of Highly Hazardous Chemicals (PSM) (29 CFR 
1910.119). The Clean Air Act Amendments (CAAA) OF 1990 required the 
Occupational Safety and Health Administration (OSHA) to develop a 
standard on Process Safety Management of Highly Hazardous Chemicals 
(PSM) (i.e., ``the Standard '') containing certain minimum standards to 
prevent accidental releases of chemicals which could pose a threat to 
employees. The Standard, rather than setting specific engineering 
requirements, emphasizes the application of documented management 
controls. Using the controls, companies address the risk associated 
with handling or working near highly hazardous chemicals. Compliance 
with the standard is accomplished, therefore, by requiring the employer 
to do a number of things

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such a developing a written, comprehensive management program which 
integrates technologies, procedures and management practices, to update 
operating procedures and safe work practices, to evaluate safety 
history and policies of contractors, to conduct periodic evaluations, 
and to document employee training.

DATES: Submit written comments on or before January 28, 2003.

ADDRESSES: Submit written comments to the Docket Office, Docket No. 
ICR-1218-0200(2003), OSHA, U.S. Department of Labor, Room N-2625, 
Constitution Avenue, NW., Washington, DC 20210; telephone; (202) 693-
2350. Commenters may transmit written comments of 10 pages or less by 
facsimile to (202) 693-1648.

FOR FURTHER INFORMATION CONTACT:  Theda Kenney, Directorate of Safety 
Standards Programs, OSHA, U.S. Department of Labor, Room N-3609, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2222. A copy of the Agency's Information-Collection Request (ICR) 
supporting the need for the collections of information collection 
specified by the Standard on Process Safety Management of Highly 
Hazardous Chemicals (PSM) is available for inspection and copying in 
the Docket Office, or by requesting a copy from Theda Kenney at (202) 
693-2222, or Todd Owen at (202) 693-2444. For electronic copies of the 
ICR, contact OSHA on the Internet at http://www.osha.gov and select 
``Information Collection Requests.''

SUPPLEMENTARY INFORMATION:

I. Background

    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 minimized, collection instruments are understandable, and OSHA's 
estimate of the information-collection burden is correct.
    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 process using highly hazardous 
chemicals with the potential of a catastrophic release are operated as 
safely as possible. The employer must consider all facets of a process, 
as well as the involvement of employees in that process. Processes are 
analyzed by employers so that they identify and control problems that 
could lead to a major release, fire or explosion. The failure of 
employers to collect the information will significantly impact OSHA's 
effort to control and reduce injuries and fatalities in workplaces that 
have the potential for highly hazardous chemical catastrophes.
    The Standard specifies several paperwork requirements. The 
following sections describe the information collection requirements and 
who will use the information.
    (A) Employee Participation (paragraph (c)). Paragraph 
1910.119(c)(1) requires employers to develop a written plan describing 
the employee participation required by this paragraph. Paragraph (c)(3) 
requires that employers must provide employee access to process hazard 
analyses.
    (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 analyses. The 
compilation of written process safety information, which includes 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 hazardous chemicals.
    (C) Process Hazard Analysis (paragraph (e)(1)). Paragraph (c)(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 (paragraphs (e)(4) and (e)(5)). Paragraph 
(e)(4) requires hazard analyses to be performed by a team with 
expertise in engineering and process operations and at least one 
employee and one member knowledgeable in the specific management 
process. Paragraph (e)(5) requires the employer to establish a system 
to promptly address the team's findings and recommendations; assure 
that the recommendations are resolved in a timely manner; develop a 
written schedule of when these actions are to be completed; document 
the resolution; and communicate the actions 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 the 
employer to update and revalidate the process hazard analyses at least 
every five years. Paragraph (e)(7) requires the employer to retain 
process hazard analysis for each process covered by this section, as 
well as the documented resolution of recommendations described in 
paragraph (e)(5).
    (F) Operating Procedures (paragraph (f)(1)). This provision 
requires the employer to develop and implement written operating 
procedures that provide clear instructions for safely conducting 
activities involved in each covered process.
    (G) Training (Initial, Refresher, and Documentation) (paragraphs 
(g)(1), (g)(2), and (g)(3)). Paragraph (g)(1) requires employers to 
train employees operating dangerous process. Paragraph (g)(2) requires 
that the employer provide refresher training at least every three 
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)(ii), (iv), (vi) and 
(h)(3)(iii)). Paragraph (h)(2)(ii), requires employers, when selecting 
a contractor, to obtain and evaluate information regarding the contract 
employer's safety performance and programs. Paragraph (h)(2)(iv) 
requires the employer to periodically evaluate the performance of 
contract employers in fulfilling their obligations as specified in 
paragraph (h)(3) of this section. 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 contract employees have been 
trained to perform covered activities safely.
    (I) Pre-startup Safety Review (paragraph (i)). Paragraph (i) 
requires the employer to perform a pre-start-up safety review for new 
facilities and for modified facilities when the modification is 
significant enough to require a change in the process safety 
information.
    (J) Written Procedures, Inspections and Testing (paragraphs (j)(2) 
and (j)(4)). Paragraph (j)(2) requires the employer to establish 
written procedures to maintain the on-going integrity of process 
equipment. Paragraph (j)(4) requires that employers perform inspections 
and tests on process equipment and that each inspection and test be 
documented

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(under (j)(4)(iv)). 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.
    (K) Hot Work Permit (paragraph (k)). Paragraph (k) requires the 
employer to issue a hot work permit for hot work operations conducted 
on or near a covered process. The permit shall indicate the date(s) 
authorized for hot work and identify the object on which hot work is to 
be performed. The permit must be kept on file until completion of the 
hot work operations.
    (L) Management of Change (paragraph (l)). Paragraph (l) 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.
    (M) Incident Investigation (paragraph (m)). Paragraph (m) requires 
the employer to investigate each incident which resulted in, or could 
reasonably have resulted in a catastrophic release of highly hazardous 
chemical in the workplace. An accident investigation is to be initiated 
as promptly as possible, but not later than 48 hours following the 
incident. Paragraph (m)(4) requires that the report be prepared at the 
conclusion of the investigation which includes, 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. Resolutions and 
corrective measures are required to be documented. Paragraph (m)(7) 
requires that incident investigation reports be retained for five 
years.
    (N) 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. Employers covered under this standard may also 
be subject to the hazardous waste and emergency response provisions 
contained in 29 CFR 1910.120(a), (p), and (q).
    (O) Compliance Audits (paragraph (o)). Under paragraph (o)(1), 
employers are required to certify that they have evaluated compliance 
with the provisions of this section at least every three years to 
verify that the procedures and practices developed under the standard 
are adequate and are being followed. Paragraph (o)(3) requires that a 
report of the findings of the audit be developed and paragraph (o)(5) 
requires that the last two reports be retained.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    [sbull] Whether the proposed information-collection requirements 
are necessary for the proper performance of the Agency's functions to 
protect workers, including whether the information is useful;
    [sbull] 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;
    [sbull] The quality, utility, and clarity of the information 
collected; and
    [sbull] 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 proposes to extend the Office of Management and Budget's (OMB) 
approval of the collection-of-information requirements specified by the 
Standard on Process Safety Management of Highly Hazardous Chemicals 
(PSM) (29 CFR 1910.119). The Agency will summarize the comments 
submitted in response to this notice, and will include this summary in 
its request to OMB to extend the approval of these information-
collection requirements.
    Type of Review: Extension of a currently-approved information-
collection requirement.
    Title: Process Safety Management of Highly Hazardous Chemicals (29 
CFR 1910.119).
    OMB Number: 1218-0200.
    Affected Public: Business or other for-profit; Federal government.
    Number of Respondents: 212,422.
    Frequency of Recordkeeping: Varies depending upon the collection of 
information contained in the Standard.
    Average Time per Response: Varies from five minutes (.08 hour) to 
generate, maintain and disclose training documentation to 2,454.4 hours 
to establish and implement a management of change program.
    Total Annual Hours Requested: 51,298,797.

IV. Authority and Signature

    John L. Henshaw, 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), and Secretary of Labor's Order No. 5-2002 (67 FR 65008).

    Signed at Washington, DC., on November 25, 2002.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 02-30301 Filed 11-27-02; 8:45 am]
BILLING CODE 4510-26-M