Sec. 304. CHEMICAL PROCESS SAFETY MANAGEMENT
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## SEC. 304 CHEMICAL PROCESS SAFETY MANAGEMENT ###
(a)Chemical Process Safety Standard The Secretary of Labor shall act under the Occupational Safety and Health Act of 1970 (29 U.S.C. 653) to prevent accidental releases of chemicals which could pose a threat to employees. Not later than 12 months after the date of enactment of the Clean Air Act Amendments of 1990, the Secretary of Labor, in coordination with the Administrator of the Environmental Protection Agency, shall promulgate, pursuant to the Occupational Safety and Health Act, a chemical process safety standard designed to protect employees from hazards associated with accidental releases of highly hazardous chemicals in the workplace. ###
(b)List of Highly Hazardous Chemicals The Secretary shall include as part of such standard a list of highly hazardous chemicals, which include toxic, flammable, highly reactive and explosive substances. The list of such chemicals may include those chemicals listed by the Administrator under section 302 of the Emergency Planning and Community Right to Know Act of 1986. The Secretary may make additions to such list when a substance is found to pose a threat of serious injury or fatality in the event of an accidental release in the workplace. ###
(c)Elements of Safety Standard Such standard shall, at minimum, require employers to— ####
(1)develop and maintain written safety information identifying workplace chemical and process hazards, equipment used in the processes, and technology used in the processes; ####
(2)perform a workplace hazard assessment, including, as appropriate, identification of potential sources of accidental releases, an identification of any previous release within the facility which had a likely potential for catastrophic consequences in the workplace, estimation of workplace effects of a range of releases, estimation of the health and safety effects of such range on employees; ####
(3)consult with employees and their representatives on the development and conduct of hazard assessments and the development of chemical accident prevention plans and provide access to these and other records required under the standard; ####
(4)establish a system to respond to the workplace hazard assessment findings, which shall address prevention, mitigation, and emergency responses; ####
(5)periodically review the workplace hazard assessment and response system; ####
(6)develop and implement written operating procedures for the chemical process including procedures for each operating phase, operating limitations, and safety and health considerations; ####
(7)provide written safety and operating information to employees and train employees in operating procedures, emphasizing hazards and safe practices; ####
(8)ensure contractors and contract employees are provided appropriate information and training; ####
(9)train and educate employees and contractors in emergency response in a manner as comprehensive and effective as that required by the regulation promulgated pursuant to section 126(d) of the Superfund Amendments and Reauthorization Act; ####
(10)establish a quality assurance program to ensure that initial process related equipment, maintenance materials, and spare parts are fabricated and installed consistent with design specifications; ####
(11)establish maintenance systems for critical process related equipment including written procedures, employee training, appropriate inspections, and testing of such equipment to ensure ongoing mechanical integrity; ####
(12)conduct pre-start-up safety reviews of all newly installed or modified equipment; ####
(13)establish and implement written procedures to manage change to process chemicals, technology, equipment and facilities; and ####
(14)investigate every incident which results in or could have resulted in a major accident in the workplace, with any findings to be reviewed by operating personnel and modifications made if appropriate. ###
(d)State Authority Nothing in this section may be construed to diminish the authority of the States and political subdivisions thereof as described in section 112(r)(11) of the Clean Air Act. * * * * * * *
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Sec. 304
CHEMICAL PROCESS SAFETY MANAGEMENT
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