SECTIONS 7855-7870 - California Statutes

LABOR CODE

SECTION 7855-7870

7855. The purpose of this chapter is to prevent or minimize the
consequences of catastrophic releases of toxic, flammable, or
explosive chemicals. The establishment of process safety management
standards are intended to eliminate, to a substantial degree, the
risks to which workers are exposed in petroleum refineries, chemical
plants, and other related manufacturing facilities.

7856. No later than July 1, 1992, the board shall adopt process
safety management standards for refineries, chemical plants, and
other manufacturing facilities, as specified in Codes 28 (Chemical
and Allied Products) and 29 (Petroleum Refining and Related
Industries) of the Manual of Standard Industrial Classification
Codes, published by the United States Office of Management and
Budget, 1987 Edition, that handle acutely hazardous material as
defined in subdivision (a) of Section 25532 and subdivision (a) of
Section 25536 of the Health and Safety Code and pose a significant
likelihood of accident risk, as determined by the board. Alternately,
upon making a finding that there is a significant likelihood of risk
to employees at a facility not included in Codes 28 and 29 resulting
from the presence of acutely hazardous materials or explosives as
identified in Part 172 (commencing with Section 172.1) of Title 49 of
the Code of Federal Regulations, the board may require that these
facilities be subject to the jurisdiction of the standards provided
for in this section. When adopting these standards, the board shall
give priority to facilities and areas of facilities where the
potential is greatest for preventing severe or catastrophic accidents
because of the size or nature of the process or business. The
standards adopted pursuant to this section shall require that injury
prevention programs of employers subject to this part and implemented
pursuant to Section 6401.7 include the requirements of this part.

7857. The process safety management standards shall include
provisions dealing with the items prescribed by Sections 7858 to
7868, inclusive, of this chapter.

7858. The employer shall develop and maintain a compilation of
written safety information to enable the employer and the employees
operating the process to identify and understand the hazards posed by
processes involving acutely hazardous and flammable material. The
employer shall provide for employee participation in this process.
This safety information shall be communicated to employees involved
in the processes, and shall include information pertaining to hazards
of acutely hazardous and flammable materials used in the process,
information pertaining to the technology of the process, and
information pertaining to the equipment in the process. A copy of
this information and communication shall be accessible to all workers
who perform any duties in or near the process area.

7859. The employer shall perform a hazard analysis for identifying,
evaluating, and controlling hazards involved in the process. The
employer shall provide for the participation of knowledgeable
operating employees in these analyses. The final report containing
the results of the hazardous analysis for each process shall be
available, in the respective work area, for review by any person
working in that area. Upon request of any worker or any labor union
representative of any worker in the area, the employer shall provide
or make available a copy of any risk management prevention program
prepared for that facility pursuant to Article 2 (commencing with
Section 25531) of Chapter 6.95 of Division 20 of the Health and
Safety Code. The board, when adopting a standard or standards
pertaining to this section, may authorize employers to submit risk
management prevention programs prepared pursuant to Article 2
(commencing with Section 25531) of Chapter 6.95 of Division 20 of the
Health and Safety Code to satisfy related requirements in whole or
in part.

7860. (a) The employer shall develop and implement written
operating procedures that provide clear instructions for safely
conducting activities involved in each process consistent with the
process safety information.
(b) A copy of the operating procedures shall be readily accessible
to employees or to any other person who works in or near the process
area.
(c) The operating procedures shall be reviewed as often as
necessary to assure that they reflect current operating practice,
including changes that result from changes in process chemicals,
technology, and equipment, and changes to facilities.

7861. (a) Each employee whose primary duties include the operating
or maintenance of a process, and each employee prior to assuming
operations and maintenance duties in a newly assigned process, shall
be trained in an overview of the process and in the operating
procedures as specified in Section 7860. The training shall include
emphasis on the specific safety and health hazards, procedures, and
safe practices applicable to the employee's job tasks.
(b) Refresher and supplemental training shall be provided to each
operating or maintenance employee, or both, and other worker
necessary to ensure safe operation of the facility and on a recurring
regular schedule as determined adequate by the board.
(c) The employer shall ensure that each worker necessary to ensure
safe operation of the facility has received and successfully
completed training as specified by this section. The employer, after
the initial or refresher training shall prepare a certification
record which contains the identity of the employee, the date of
training, and the signature of the person conducting the training.
Testing procedures shall be established by each employer to ensure
competency in job skill levels and safe and healthy work practices.

7862. (a) The employer shall inform contractors performing work on,
or near, a process of the known potential fire, explosion, or toxic
release hazards related to the contractor's work and the process, and
require that contractors have trained their employees to a level
adequate to safely perform their job. The employer shall also inform
contractors of any applicable safety rules of the facility, and
assure that the contractors have so informed their employees.
(b) The employer shall explain to contractors the applicable
provisions of the emergency action plan required by Section 7868.
(c) Contractors shall assure that their employees have received
training to safely perform their jobs and that these employees will
adhere to all applicable work practices and safety rules of the
facility.

7863. The employer shall perform a prestartup safety review for new
facilities and for modified facilities for which the modification
necessitates a change in the process safety information. These
reviews shall include knowledgeable operating employees.

7864. The employer shall establish and implement written procedures
and inspection and testing programs to maintain the ongoing
integrity of process equipment. These programs shall include a
process for allowing employees to identify and report potentially
faulty or unsafe equipment, and to record their observations and
suggestions in writing. The employer shall respond regarding the
disposition of the employee's concerns contained in the reports in a
timely manner.

7865. The employer shall develop and implement a written procedure
governing the issuance of "hot work" permits. "Hot work" includes
electric or gas welding, cutting, brazing, or similar flame- or
spark-producing operations.

7866. The employer shall establish and implement written procedures
to manage changes, except for replacements in kind, to process
chemicals, technology, and equipment, and to make changes to
facilities.

7867. The employer shall establish a written procedure for
investigating every incident which results in, or, as determined by
board criteria, could reasonably have resulted in, a major accident
in the workplace. The procedure shall, at a minimum, require that a
written report be prepared and be provided to all employees whose
work assignments are within the facility where the incident occurred
at the time the incident occurred and shall also include establishing
a method for dealing with findings and recommendations.

7868. The employer shall establish and implement an emergency
action plan. The employer may use the business plan for emergency
response submitted pursuant to subdivision (a) of Section 25503.5 and
subdivision (b) of Section 25505 of the Health and Safety Code if it
meets the standards adopted by the board.

7870. Notwithstanding the availability of federal funds to carry
out the purposes of this part, the division may fix and collect
reasonable fees for consultation, inspection, adoption of standards,
and other duties conducted pursuant to this part. The expenditure of
these funds shall be subject to appropriation by the Legislature in
the annual Budget Act.