By Mark Stromme, J. J. Keller & Associates, Inc.
Occupational Safety and Health Administration (OSHA) regulations can have a huge effect on a company’s bottom line. OSHA’s most recent semi-annual regulatory agenda listed three agenda items. Two of these may soon become final rules and could impact the downstream petroleum industry. Another is in the pre-rule stage.
Final Rule Stage
Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention)
In 1990, OSHA published a proposed rule to address slip, trip and fall hazards and establish requirements for personal fall protection systems. Slips, trips, and falls are among the leading causes of work-related injuries and fatalities.
Due to a slow-moving regulatory process, and issues raised during the public comment period, OSHA withdrew the 1990 proposal noting that it was out-of-date and did not reflect current industry practice or technology. This led to the Agency going back to the drawing board and publishing a second proposed rule in 2010. OSHA expects to finalize that rulemaking in October 2014 (although that date is not set in stone).
Some of the major changes include:
- Requiring regular inspection of all working-walking surfaces.
- Consolidating existing requirements for all ladders used in general industry.
- Combining, clarifying, and updating existing requirements (and adding new provisions) for stairs and stairways.
- Removing all the existing scaffolding requirements with the exception of the mobile ladder stand requirements. (The new rule will require employers to comply with the construction industry standards in 1926, Subpart L, “Scaffolds.”)
- Providing the ability to choose from several options in providing fall protection, including personal fall protection systems (e.g., travel restraint systems, fall arrest systems, positioning systems).
- Explaining when training—and retraining when necessary—would be required.
- Adding a new section to Subpart I, “Personal protective equipment,” that would provide criteria for personal fall protection equipment. This section would make the general industry standards consistent with existing construction and maritime standards regulating fall protection, as well as current industry practice, and give clear standards on fall protection PPE to employers.
Complying with these changes could be a significant challenge for downstream petroleum industries. Employers should stay tuned for the final rule to be published in the Federal Register.
Confined Spaces in Construction
OSHA’s general industry standard for confined spaces became effective April 15, 1993. However, it does not apply to construction work since confined space entries for construction employees pose conditions that are unique to the industry.
That is why OSHA proposed a rule to protect employees from the hazards resulting from exposure to confined spaces in the construction industry. Under the proposed rule, employers would first determine whether there is a confined space at a job site. If there is a confined space, the employer would determine if there are existing or potential hazards in the space. If there are such hazards, the employer then would classify the space according to the physical and atmospheric hazards found in it. The four classifications are:
- Isolated-Hazard Confined Space;
- Controlled-Atmosphere Confined Space;
- Permit-Required Confined Space; and
- Continuous System-Permit-Required Confined Space.
The proposed requirements for each type of confined space are tailored to control the different types of hazards.
When the rule becomes final, any time construction work is done in confined spaces in downstream petroleum facilities, the requirements of the new confined spaces rule would need to be followed.
The final rule is expected soon. However, the date of the final rule has been pushed back numerous times, so it can’t be predicted when it will be published in the Federal Register.
Pre-Rule Stage
Process Safety Management of Highly Hazardous Chemicals
There is one potential rule in OSHA’s pre-rule stage that would have a major impact on downstream petroleum industries. This is the Process Safety Management (PSM) standard.
OSHA originally promulgated the PSM standard in 1992 in response to a number of catastrophic chemical-release incidents that occurred worldwide. The main objective of the PSM standard is to prevent or minimize employee exposure to the hazards associated with uncontrolled releases of highly hazardous chemicals.
On August 1, 2013, President Obama signed Executive Order 13650 entitled Improving Chemical Facility Safety and Security. Section 6(e)(ii) of the order required OSHA to publish, within 90 days, a Request For Information (RFI) designed to identify issues related to modernization of its PSM standard and related standards necessary to meet the goal of preventing major chemical accidents.
OSHA identified several topics as potential candidates for rulemaking or enforcement policy changes. Here are a few of OSHA’s recommended changes:
- Clarifying the PSM exemption for atmospheric storage tanks.
- Removing the oil- and gas-well drilling and servicing exemption.
- Reviewing the applicability of the PMS to oil- and gas-production facilities.
OSHA determined that revisions to its PSM standard may be needed to address issues in coverage. The comments from the RFI were to be analyzed by the end of July 2014. There is much to be done before the rule moves to the proposed rule stage.
Wrap Up
The full impact of these three rules on the oil and gas industry is yet to be determined. However, it is safe to say that the final versions of these rules will have far-reaching affects throughout the industry. Stay tuned for developments on these three rules, and any other additional rules, that could affect your company’s bottom line.
Mark Stromme is one of the lead safety editors at J. J. Keller & Associates, Inc. He specializes in OSHA construction and general industry safety and is an authorized OSHA Construction Outreach Trainer. At J. J. Keller Mark researches and develops content for a variety of proprietary products, including training videos, newsletters, handbooks, manuals, and software. His work has also appeared in ISHN, Occupational Health & Safety, Workplace HR & Safety, BIC, EHS Today, Modern Contractor Solutions, and Tow Professional. Mark contributed to the OSHA 5810 – Hazards Recognition and Standards Training for the Oil and Gas industry and speaks frequently to industry groups about safety and regulatory issues. Copyright 2014 J. J. Keller & Associates, Inc.® PO Box 368, 3003 Breezewood Lane Neenah WI 54957-0368
