Section 5110.13 - Employee Participation(a) In consultation with employees and employee representatives, the owner or operator shall develop, implement and maintain a written plan to effectively provide for employee participation in Accidental Release Prevention elements, as required by this Article. The plan shall include provisions that provide for the following: (1) Effective participation by affected operating and maintenance employees and employee representatives, throughout all phases, in performing PHAs, DMRs, HCAs, MOCs, MOOCs, Process Safety Culture Assessments (PSCAs), Incident Investigations, SPAs, and PSSRs;(2) Effective participation by affected operating and maintenance employees and employee representatives, throughout all phases of in the development, training, implementation and maintenance of the Accidental Release Prevention elements required by this Article.(3) Access by employees and employee representatives to all documents or information developed or collected by the owner or operator pursuant to this Article, including information that might be subject to protection as a trade secret;(b) An authorized collective bargaining agent may select employee(s) to participate in overall Accidental Release Prevention program development and implementation planning and for employee(s) to participate in each team-based activity pursuant to this Article.(c) Where employees are not represented by an authorized collective bargaining agent, the owner or operator shall establish effective procedures in consultation with employees for the selection of employee representatives.(d) Nothing in this subsection shall preclude the owner or operator from requiring an employee or employee representative to whom information is made available under subsection 5110.13(a)(3) to enter into a confidentiality agreement prohibiting him or her from disclosing such information.Cal. Code Regs. Tit. 19, § 5110.13
Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; Section 25531, Health and Safety Code; and Section 68.83, Part 68, Title 40, Code of Federal Regulations.
1. Change without regulatory effect renumbering section 2762.10 to new section 5110.13, including amendment of subsection (d), filed 3-6-2024 (Register 2024, No. 10).