How to Survive EPA/OSHA Audits 1 Resume - ComPSM ComPSM • Aerospace/Mechanical/Nuclear Engineers • PE License • 40 years combined NH 3 PSM experience among 3 primes • Audit consulting experience with customers in many regions with both EPA and OSHA • Member of RETA, IARW, IIAR Max • Worked in PSM/RMP since January 2000 • 10 Years in Secondary Nuclear Plant Piping/Valve Systems • Started ComPSM with Tom Henry in 2003 • Developed two complete PSM Programs • Audit consulting experience mitigating/eliminating penalties for customers • Performed Dozens of Audits across country • Perform ed Dozens of PHAs across country 2 1
What are PSM and RMP? Process Safety Management (PSM) – Occupational Safety & Health Administration (OSHA) – OSHA 29 CFR 1910.110 (Process Safety Management of Highly Hazardous Chemicals) – “inside” the plant (loosely speaking) Risk Management Program (RMP) – Environmental Protection Agency (EPA) – EPA 40 CFR Part 68 (Accidental Release Prevention Requirements: Risk Management Programs Under Clean Air Act Section 112(r)(7) – “outside” the plant (loosely speaking) PLUS the General Duty Clause!!! 3 Consequences – “OSHA/EPA Shock and Awe” - 1 4 2
Consequences – “OSHA/EPA Shock and Awe” - 2 5 Consequences – “OSHA/EPA Shock and Awe” - 3 6 3
Consequences – “OSHA/EPA Shock and Awe” - 4 7 Why Me??? “Why did my company get chosen???” – “Name out of a hat” – Injury/Illness – Ammonia release – Whistleblower (OSHA/EPA are often skeptical of these) National Emphasis Program (NEP) – OSHA Program – Focuses on „problematic companies‟ – Multi-day grilling 8 4
What’s the Difference Between EPA/OSHA Audits? - 1 EPA (UNDER NORMAL AUDIT CONDITIONS!!!) – EPA less intrusive – EPA audits are shorter – EPA audits last a half day to a day – EPA seems to be more forgiving than OSHA for plants with less problems – Not super knowledgeable of NH 3 refrigeration, but getting training – EPA Audits add environmental issues – On average, EPA fines appear to be less, but when they fine… they fine BIG!!! – EPA and expedited settlements • Started in January 2004 • Only minor, easily correctable violations. • Not if violations pose an imminent/substantial endangerment to human health or the environment • Title V sources are not eligible for an ESA • Fines less than $7,500 9 What’s the Difference Between EPA/OSHA Audits? - 2 OSHA – OSHA walks in door – SURPRISE!!! – Currently focusing on „repeat offenders‟ (NEP) – Metastasizing through a company • Communicate within your company!!! – Will focus EXCEPTIONALLY heavy on mechanical integrity – The secret checklist! – OSHA auditors are likely to show up for several „sessions‟ 3 -4 visits totaling 20+ hours – At times appear to be digging aimlessly (actually may be?) – OSHA auditors tend to take info back for advice from more knowledgeable people and the COME back – Not super knowledgeable of NH 3 refrigeration – Have heard of two auditors who were actually verbally aggressive – Have often overstepped/overstated requirements! 10 5
Current Key Areas of Review General Overview of PSM Mechanical Integrity!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Speed of resolution of recommendations (PHA/Audits) Timing of PHAs/Audits/Inspections/SOP reviews Process Hazard Analysis (PHA) Standard Operating Procedures Training Documentation of Releases (EPA) Audits Contractor Qualifications 11 Mechanical Integrity Targets Mechanical Integrity Review Points – Records on relief valve replacement – Calibration/Testing of ammonia sensors – Testing of Safety Setpoints • Compressor cutouts • Compressor alarms • High level cutouts on vessels • Low level cutouts on vessels – “B109” Form completion – 5 Year Major Mechanical NDT • Is visual enough? 12 6
Recommendation Implementation PHA Recommendations Audit Recommendations Focus on how fast resolved Priority order Signed off When can we toss old recommendations? 13 Process Hazard Analysis Quick Overview Looking for depth of questions Who performed it? Operators involved? Did you look at the facility? Let me see those recommendations! Did you just sit in a room or did you walk the plant? 14 7
Timeliness of Planned Items Process Hazard Analysis (PHA) – 5 years Risk Management Plan (RMPlan) resubmittal – 5 years Compliance Audits – 3 years Equipment [B109] Reviews – Annually Sign off on Standard Operating Procedures – Annually Maintenance schedules for equipment Annual reviews of NH 3 sensors 15 Standard Operating Procedures Are all processes covered – Each piece versus each common type Recertified Annually – Customer hit for missing 4 years prior Written signatures (not just printed) Dated Reviewed all at once or grouped is okay Make sure it includes information on NH 3 All modes of operation addressed? Operating limits/Deviations/Corrections 16 8
Operators/Mechanics Training Up and coming area of review Difficult to review EPA generally scans information/OSHA more focused What do you need to have? – RETA or class certification papers – Training forms – Technically speaking, something that shows training or implies training on all equipment – If class taken, keep a copy of a detailed syllabus or the class book for company proof of areas covered – On site training???... Maybe May interview employees about their training 17 Contractors For whom should you have paperwork – Refrigeration – Sure – Electricians in compressor room – Sure – EVERY contractor that works on or around the system – Be creative in figuring this out (insulation, ammonia detection, water treatment…) Are you required to have every contracted every year?... – Only if they have been within a year and also if you prior to anyone starting if outside of a year – Why not get all the „usual suspects‟ annually at a certain date? – Contractors should just send, but… 18 9
Management of Change Program Want to see completed forms Make sure they are fully signed off (real signatures) Make sure they aren‟t being done retroactively Replacement in kind need to be included, but… – It doesn‟t hurt to do them – Don‟t be surprised if they ask still May ask to show changes during a walk through If you have an MoC, they can ask about contractor data! If you have an MoC, they‟ll ask about PSSRs 19 Pre-Startup Safety Review Program They should/will ask for completed forms – Heard them ask about training prior to startup and wanting to see training records Make sure they are fully signed off (real signatures) Materials of construction – Piping certifications 20 10
Compliance Audit Program Most recent two internal compliance audits – The will check for 3 year timing – Recent audit wanted a 3 rd ??? They WILL ask to see recommendations listing They WILL check to see if they are resolved (quickly) Any auditor worth their weight will scan Who did them and are they qualified? – Internal auditing is risky unless the person doesn‟t have tunnel vision to your company‟s policies – If you have a reputable consultant who makes recommendations…pay attention to the recommendations 21 Risk Management Program and Plan Risk Management Program (RMP) vs Risk Management Plan (RMPlan)? Only EPA Reviews Risk Management Program – Flow chart that shows PSM in company structure – Management System (who does what) Risk Management Plan (Submittal) – May/will ask questions about Offsite Consequence Analysis (OCA) – Most up to date census data used? New census will change new OCAs – Resubmitted every 5? – Emergency point of contact changed? Releases 22 11
Hot Work Program Likely to ask for completed forms Who signs off and are they appropriate How long are they kept Visiting site (inspection) prior to starting OSHA will look at much more heavily Did you say something, Hank? 23 Confined Space Entry Program Make sure you have a program of some sort – Facilities will often say they don‟t enter confined spaces Will review program Generally not as much of an issue with cold storage (non processing) facilities May want to see locations identified as confined spaces 24 12
Lockout Tagout Program Some have required you have a written program! May inspect lock boxes During walk-throughs, may look for lock outs Generally ask questions to maintenance about implementation 25 Psychology of an Auditor • Auditors are people too… • In a natural way (don‟t force it), find common interests (works for OSHA due to repeat visits) • Likely to be inexperienced in understanding of NH 3 Refrigeration, but training has been coming • They may try to hold you to practices in the petro-chem industry which are not done in NH 3 refrigeration • Tend to go down channels they understand, but may not be what you would expect • Some can be confrontational and some even rude (usually only with radically non-compliant plants) • Some want to show you they are smarter than you OR YOUR consultant 26 13
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