Section 5110.9 - Management of Change(a) The owner or operator shall develop, implement and maintain effective written Management of Change (MOC) procedures to manage changes in process chemicals, technology, procedures, process equipment, and facilities. The owner or operator shall also develop, implement and maintain written Management of Organizational Change (MOOC) procedures to manage changes in personnel or organizational issues. The MOC procedure shall include provisions for temporary repairs, including temporary piping or equipment repairs.(b) The MOC procedures shall ensure that the following items are addressed and documented prior to any change: (1) The technical basis for the proposed change;(2) Potential process safety impacts of the change;(3) Modifications to operating and maintenance procedures or development of new operating and maintenance procedures;(4) The time period required for the change; and(5) Authorization requirements for the proposed change.(c) Prior to implementation of a major change, the owner or operator shall review or conduct a DMR pursuant to subsection 5110.8(e), and perform a Hierarchy of Hazard Control Analysis (HCA) pursuant to section 5110.16. The findings of the DMR and recommendations of the HCA shall be included in the MOC documentation.(d) The owner or operator shall use qualified personnel and appropriate methods for MOCs based upon hazard, complexity and type of change.(e) The owner or operator shall provide for employee participation, pursuant to section 5110.13.(f) Employees involved in the process as well as maintenance workers whose job tasks will be affected by a change, shall be informed of, and effectively trained in the change in a timely manner, prior to implementation of the change. For contractors and employees of contractors who are operating the process and whose job tasks are affected by a change, the owner or operator shall make the MOC documentation available to and require effective training in the change prior to implementation of the change, pursuant to section 5110.15.(g) If a change covered by this section results in a change to the Process Safety Information required by section 5110.3, such information shall be updated as soon as possible.(h) If a change covered by this section results in a change to the Operating Procedures required by section 5110.6, or results in a change in the written procedures to maintain the ongoing integrity of process equipment required by section 5110.8 such procedures shall be updated prior to the start-up of the process.(i) Management of Organizational Change. The owner and operator shall develop, implement, and maintain effective written procedures to manage organizational change.(j) The owner or operator shall designate a team to conduct a Management of Organizational Change (MOOC) assessment prior to reducing staffing levels, reducing classification levels of employees, changing shift duration, or substantively increasing employee responsibilities at or above 15%. The MOOC assessment is required only for changes with a duration exceeding 90 calendar days, affecting operations, engineering, maintenance, health and safety and emergency response. This requirement shall also apply to stationary sources using contractors in permanent positions.(k) The MOOC shall be in writing and shall include a description of the change being proposed; the makeup of the team responsible for assessing the proposed change; the factors evaluated by the team; the rationale for the team's decision to implement or not implement the change; and the team's findings and recommendations. (1) Prior to conducting the MOOC, the owner or operator shall ensure that the job function descriptions are current and accurate for all positions potentially affected by the change.(2) The owner or operator shall provide for employee participation pursuant to section 5110.13.(3) All management of organizational change analyses shall include an assessment of human factors, pursuant to section 5110.18.(4) The stationary source manager, or his or her designee, shall certify based on information and belief formed after reasonable inquiry that the MOOC assessment is accurate and that the proposed organizational change(s) meets the requirements of this section.(l) Prior to implementing a change, the owner or operator shall inform all employees potentially affected by the change.Cal. Code Regs. Tit. 19, § 5110.9
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 68.75, Part 68, Title 40, Code of Federal Regulations.
1. Change without regulatory effect renumbering section 2762.6 to new section 5110.9, including amendment of subsections (c), (e)-(h) and (k)(2)-(3), filed 3-6-2024 (Register 2024, No. 10).