Chemical Plant NEPs (OSHA)

Abstract

This knol discusses the National Emphasis Program (NEP) from the United States Occupational Safety & Health Administration (OSHA) for chemical plants. The knol provides guidance as to what should be done to meet this new program.

Introduction

The term NEP stands for National Emphasis Program. When the United States Occupational Safety & Health Administration (OSHA) chooses to enforce an intense effort to enforce regulations in a particular industry they implement an NEP. Past NEPs have focused on lead exposure, nursing homes, amputation injuries, and combustible dust.

Now, OSHA is looking at Process Safety Management (PSM). Following the catastrophic event at BP’s Texas City refinery in the year 2005, OSHA was roundly criticized for its lack of energy in enforcing the Process Safety Management standard, 29 CFR 1910.119 [1] in the prior ten years. The Chemical Safety & Hazard Investigation Board [2] reported that, during that time frame, no inspections had been conducted on refineries and only four had been carried out on chemical plants. Therefore, OSHA is now conducting NEPs on refineries and chemical plants. 

In response to this criticism OSHA chose to carry out a series of PSM NEPs – first on refineries and then on chemical plants. At the time of writing (May 2009) the refinery program was about two thirds complete, but the chemical program is yet to start. This knol discusses the likely impact on chemical plants.

Lessons from the Refinery NEPs

OSHA provides information to do with the refinery NEP program (CPL 03-00-004 – Petroleum Refinery Process Safety Management National Emphasis Program) at [3].

Inspection strategy

For refineries OSHA created a formal set of questions for these audits. One set — a “static” list that consists of more than 90 questions covering 13 PSM elements — has been published. A second “dynamic” list will consist of 15-20 random questions from a set of 700 questions, which will not be made known to the refinery prior to the inspection. Section three of the NEP directive includes a reference section listing 47 documents, including industry standards, recommended practices and guidance from organizations like API and the Center for Chemical Process Safety (CCPS).

The inspection protocol is structured around compliance expectations that build upon the recognized and generally accepted good engineering practices in these documents. Compliance, safety and health officers are to review documents, interview employees, and verify implementation for specific processes, equipment and procedures for compliance using these documents as the relevant standard of care.

How to get ready

The following guidance [4] discusses the effort required to address an NEP inspection.

Before the OSHA team arrives:

1. Decide how you are going to prepare and coordinate within your refinery/company.
2. Think through responses to OSHA’s questions in advance of its arrival.
3. Contact appropriate internal/external legal counsel to address potential issues.
4. Find/organize records identified in questionnaire.
5. Review the status of all process hazard analysis, incident investigations and cost analysis action items, and reduce/eliminate overdues.
6. Conduct limited compliance reviews in areas of concern.
7. Develop communication package for NEP program, prepare employees, supervision and management.
8. Consider coordination/sharing information with other refineries in your company and with industry groups.

Once the OSHA NEP team arrives, prepare to:

1. Shadow inspectors and schedule interviews.
2. Manage OSHA’s logistical requests and needs.
3. Coordinate document requests, develop a protocol in advance.
4. Conduct daily close-out meetings with OSHA.
5. Have subject matter experts available to explain refinery thought process on compliance with NEP and internal process improvement questions.