This section contains requirements for petroleum refineries to reduce the risk of major incidents and eliminate or minimize process safety hazards to which employees may be exposed.
This section shall apply to processes within petroleum refineries. For petroleum refineries, this regulation supersedes California Code of Regulations (CCR) Title 8, Section.
Change. Any alteration in process chemicals, technology, procedures, process equipment, facilities or organization that could affect a process. A change does not include replacement-in-kind.
Damage Mechanism. The mechanical, chemical, physical or other process that results in equipment or material degradation.
Employee Representative. A union representative, where a union exists, or an employee-designated representative in the absence of a union that is on-site and qualified for the task. The term is to be construed broadly, and may include the local union, the international union, or a refinery or contract employee designated by these parties, such as the safety and health committee representative at the site.
Facility. The plants, units, buildings, containers or equipment that contain(s) or include(s) a process.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account health, safety, economic, environmental, legal, social and technological factors.
Flammable Gas. As defined in CCR Title 8, Section, Appendix B.
Flammable Liquid. As defined in CCR Title 8, Section, Appendix B.
Hierarchy of Hazard Control. Hazard prevention and control measures, in priority order, to eliminate or minimize a hazard. Hazard prevention and control measures ranked from most effective to least effective are: First Order Inherent Safety, Second Order Inherent Safety, and passive, active and procedural protection layers.
Highly Hazardous Material. A flammable liquid or flammable gas, or a toxic or reactive substance.
Hot Work. Electric or gas welding, cutting, brazing or any similar heat, flame or spark-producing procedure or operation.
Human Factors. The design of machines, operations and work environments such that they closely match human capabilities, limitations and needs. Human factors include environmental, organizational and job factors, as well as human and individual characteristics, such as fatigue, that can affect job performance, process safety, and health and safety.
Independent Protection Layers (IPL). Safeguards that reduce the likelihood or consequences of a major incident through the application of devices, systems or actions. IPLs are independent of an initiating cause and independent of other IPLs. Independence ensures that an initiating cause does not affect the function of an IPL and that failure in any one layer does not affect the function of any other layer.
Inherent Safety. An approach to safety that focuses on eliminating or reducing the hazards associated with a set of conditions. A process is inherently safer if it eliminates or reduces the hazards associated with materials or operations used in the process, and this elimination or reduction is permanent and inseparable from the material or operation. A process with eliminated or reduced hazards is described as inherently safer compared to a process with only passive, active and procedural safeguards. The process of identifying and implementing inherent safety in a specific context is known as inherently safer design.
|* First Order Inherent Safety Measure. A measure that eliminates a hazard. Changes in the chemistry of a process that eliminate the hazards of a chemical are usually considered first order inherent safety measures; for example, by substituting a toxic chemical with an alternative chemical that can serve the same function but is non-toxic.|
|* Second Order Inherent Safety Measure. A measure that effectively reduces a risk by reducing the severity of a hazard or the likelihood of a release, without the use of add-on safety devices. Changes in process variables to minimize, moderate and simplify a process are usually considered second order inherent safety measures; for example, by redesigning a high-pressure, high-temperature system to operate at ambient temperatures and pressures.|
Initiating Cause. An operational error, mechanical failure or other internal or external event that is the first event in an incident sequence, and which marks the transition from a normal situation to an abnormal situation.
Isolate. To cause equipment to be removed from service and completely protected against the inadvertent release or introduction of material or energy by such means as blanking or blinding; misaligning or removing sections of lines, pipes, or ducts; implementing a double block and bleed system; or blocking or disconnecting all mechanical linkages.
Major Change. Any of the following:
|* Introduction of a new process, new process equipment, or new highly hazardous material;|
|* Any operational change outside of established safe operating limits; or,|
|* Any alteration that introduces a new process safety hazard or worsens an existing process safety hazard.|
Major Incident. An event within or affecting a process that causes a fire, explosion or release of a highly hazardous material and has the potential to result in death or serious physical harm.
Petroleum Refinery. Industrial site engaged in activities set forth in North American Industry Classification System Code 324110.
Process. Petroleum refinery activities including use, storage, manufacturing, handling, piping or on-site movement that involve a highly hazardous material. Utilities and process equipment shall be considered part of the process if in the event of a failure or malfunction they could potentially contribute to a major incident. For purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located such that an incident in one vessel could affect any other vessel, shall be considered a single process. This definition includes processes under partial or unplanned shutdowns. This definition excludes ancillary administrative and support functions, including office buildings, labs, warehouses, maintenance shops, and change rooms.
Process Equipment. Equipment, including pressure vessels, rotating equipment, piping, instrumentation, process control, or appurtenance, related to a process.
Process Safety Culture. A combination of group values and behaviors that reflects whether there is a collective commitment by leaders and individuals to emphasize process safety over competing goals, in order to ensure protection of people and the environment.
Process Safety Hazard. A hazard of a process that has the potential for causing a major incident or death or serious physical harm.
Process Safety Management (PSM). The application of management systems to ensure the safety of petroleum refinery processes.
Process Safety Performance Indicators. Measurements of the refinery's activities and events that are used to evaluate the performance of process safety systems.
Qualified Operator. A person designated by the employer who, by fulfilling the requirements of the training program defined in subsection (g), has demonstrated the ability to safely perform all assigned duties.
Reactive Substance. A self-reactive chemical, as defined in CCR Title 8, Section, Appendix B.
Recognized and Generally Accepted Good Engineering Practices (RAGAGEP). Engineering, operation or maintenance activities established in codes, standards, technical reports or recommended practices, and published by recognized and generally accepted organizations such as the American National Standards Institute (ANSI), American Petroleum Institute (API), American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE), American Society of Mechanical Engineers (ASME), American Society of Testing and Materials (ASTM), National Fire Protection Association (NFPA), and Instrument Society of America (ISA). RAGAGEP does not include standards, guidelines or practices developed for internal use by the employer.
Replacement-in-kind. A replacement that satisfies the design specifications.
Safeguard. A device, system or action designed to interrupt the chain of events or mitigate the consequences following an initiating cause.
|* Passive Safeguards. Process or equipment design features that minimize a hazard by reducing either its frequency or consequence, without the active functioning of any device; for example, a diked wall around a storage tank of flammable liquids.|
|* Active Safeguards. Controls, alarms, safety instrumented systems and mitigation systems that are used to detect and respond to deviations from normal process operations; for example, a pump that is shut off by a high-level switch.|
|* Procedural Safeguards. Policies, operating procedures, training, administrative checks, emergency response and other management approaches used to prevent incidents or to minimize the effects of an incident. Examples include hot work procedures and emergency response procedures.|
Safety Instrumented Systems. Systems designed to achieve or maintain safe operation of a process in response to an unsafe process condition.
Serious Physical Harm. Defined by Labor Code Section.
Temporary Pipe or Equipment Repair. A temporary repair of an active or potential leak from process piping or equipment. This definition includes active or potential leaks in utility piping or utility equipment that affect a process, and that could result in a major incident.
Toxic Substance. Acute toxicity, as defined in CCR Title 8, Section, Appendix A.
Turnaround. A planned total or partial shutdown of a petroleum refinery process unit or plant to perform maintenance, overhaul or repair of a process and process equipment, and to inspect, test and replace process materials and equipment. Turnaround does not include unplanned shutdowns that occur due to emergencies or other unexpected maintenance matters in a process unit or plant. Turnaround also does not include routine maintenance, where routine maintenance consists of regular, periodic maintenance on one or more pieces of equipment at a refinery process unit or plant that may require shutdown of such equipment.
Utility. A system that provides energy or other process-related services to enable the safe operation of a refinery process. This definition also includes water, steam and asphyxiants, such as nitrogen and carbon dioxide, when used as part of a process.
Note to (d)(4)(A)-(G): Safety Data Sheets meeting the requirements of CCR Title 8, Sectionmay be used to comply with this requirement to the extent that they meet the information provisions.
Cal. Code Regs. Tit. 8, § 5189.1
Note: Authority cited: Sectionsand , Labor Code. Reference: Sections , , , , , , , , , , , , , and , Labor Code.
2. Change without regulatory effect amending subsection (t)(2) filed 9-26-2017 pursuant to section , title 1, California Code of Regulations (Register 2017, No. 39).