Cal. Code Regs. tit. 19 § 5110.17

Current through Register 2024 Notice Reg. No. 52, December 27, 2024
Section 5110.17 - Process Safety Culture Assessment
(a) The owner or operator shall develop, implement and maintain an effective Process Safety Culture Assessment (PSCA) program.
(b) The owner or operator shall conduct an effective PSCA and produce a written report and action plan within eighteen (18) months following the effective date of this Article and at least once, every five (5) years thereafter. If the owner or operator has conducted and documented a PSCA up to eighteen (18) months prior to the effective date of this section, and that PSCA includes the elements identified in this subsection, that PSCA may be used to satisfy the owner or operator's obligation to complete an initial PSCA under this subsection. The PSCA shall include an evaluation of the effectiveness of the following elements of process safety leadership:
(1) The owner or operator's hazard reporting program;
(2) The owner or operator's response to reports of hazards;
(3) The owner or operator's procedures to ensure that incentive programs do not discourage reporting of hazards;
(4) The owner or operator's procedures to ensure that process safety is prioritized during upset or emergency conditions; and
(5) Management commitment and leadership.
(c) The PSCA shall be conducted or overseen by a team that includes at least one person knowledgeable in refinery operations and at least one employee representative. The owner or operator shall provide for employee participation in the development and implementation of the PSCA, report, and recommendations, pursuant to section 5110.13. The team shall consult with at least one employee or another individual with expertise in assessing process safety culture in the petroleum refining industry.
(d) The PSCA team shall develop a written report within 90 calendar days of completion of the assessment. The report shall include:
(1) The method(s) used to assess the process safety culture;
(2) The conclusions of the process safety culture assessment;
(3) The rationale for the conclusions; and
(4) The recommendations to address the findings from the PSCA.
(e) The owner or operator in consultation with the PSCA team shall develop corrective actions based on the PSCA Team recommendations and implement the corrective actions within twenty-four (24) months of the completion of the report.
(f) The PSCA team shall conduct a written interim assessment of the implementation and effectiveness of each PSCA corrective action within three (3) years following the completion of the PSCA report. If a corrective action is found to be ineffective, the owner or operator shall implement changes necessary to ensure effectiveness in a timely manner not to exceed six months.
(g) The stationary source manager, or his or her designee, shall serve as signatory to all process safety culture assessment reports and corrective action plans.
(h) The PSCA report and action plan and the three year interim assessment shall be communicated and made available to employees, their representatives and participating contractors within 60 calendar days of the completion of the report.

Cal. Code Regs. Tit. 19, § 5110.17

Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; and Sections 25531, 25531.2, 25534, 25535 and 25535.1, Health and Safety Code.

1. Change without regulatory effect renumbering section 2762.14 to new section 5110.17, including amendment of subsection (c), filed 3-6-2024 (Register 2024, No. 10).