HAZOP and/or MOC, legal requirement 2

[jalvarez]

Hi mates:
I've possed the folowing question in the OSHA Code Issues forum, but I'm repeating it here as maybe a more wide expertise is connected here.
I like to know if there exists in the USA, Europe or other countries a legal requirement that imposes a register of modifications, HAZOP's, MOC system, etc., for the Chemical, Petroleum, or Petrochemical Industry. (I'm assuming that this must exist already in the nuclear industry).
Have a safe day
J.Alvarez

 

[jsummerfield]

Start with OSHA, specifically 29 CFR 1910.119 addresses this topic well. AIChE and other professional societies publish industry specific guidelines that you could buy.

John

 

[KernOily]

OK this post is provided here for your entertainment and personal research purposes ONLY. If you quote me on this I'll deny it... ;-)

Yes there is totally a requirement in the USA - IF your plant or process is one of the covered or targeted processes as defined in OSHA 1910 etc. These are the PSM requirements: mechanical integrity, management of change, health and safety, etc. - there are nine parts to it, I think. Do a web search on PSM and you'll find out real quick. The plant or process has to be declared hazardous by the tenets of the regulation, a health risk, or has to store in excess of a certain amount of the substance in question, e.g. ammonia or toluene. Some states like California have their own requirements also.

If your plant/process is not covered by PSM then compliance with the OSHA 1910 PSM requirements is voluntary but it's a pretty good idea, especially the MOC and mechanical integrity parts.

I'm no expert but we have a lot of folks here on staff who are so I can probably get any question answered that you might have.

Thanks!
Pete

 

[jalvarez]

Thanks, colleagues
I'm not in the US. I just liked to know about the existence of such regulation and its extent. Before the post, I've did a search but using "OSHA", "Hazop", "MOC" and obviously I get nothing.
Key words were PSM and 1910, ahhh, american acronyms...!
What in Europe?
Have a safe day
J.Alvarez

 

[JOM]

jalvarez,

For Eropean acronyms, look for:-

MAH (Major Accident Hazard)

COMAH (forgotten what this stands for, but it is the European Union's regulatory code for MAH sites)

HSE (in the UK - Health and Safety Executive)

Australain states have introduced new regulatory regimes for MAH sites - we call them MHFs, Major Hazard Facilities.
HAZOP itself is not actually required by law, but operators must be able to demonstrate they have adequately assessed all risks. Because of a prominent OHS prosecution in 2001, all petrochem companies in Australia have probably ensured HAZOP studies have been done on all plants.



J.

 

[TrevorP]

CoMAH is the UK's national legislation in response to the requirement to implement the Seveso II directive (European directive 2003/105/EC). It replaced the CIMAH legislation which was the UK's national legislation in response to the requirement to implement the Seveso directive (European directive 96/82/EC). It only applies to 'high hazard' plants (as defined in the directive, and relates to quantities of toxic, flammable and named substances held on site).
All workplaces in the UK are covered by 'The management of health and safety at work regulations'(1992 and updated in 1999). This requires all businesses to carry out risk assessments of all their activities to employees and others, and is the UK implementation of European directive 89/391/EEC.
In addition, workplaces in the UK are covered by the 1974 Health and Safety at Work act(HSAWA), which requires companies to prove that they have ensured the health and safety of employees as far as reasonably practicable. Note that the burden of proof rests with the company, not with the Government. To offset this, the proof is on the basis of balance of probabilities rather than beyond reasonable doubt. Nevertheless, this is arguably still the most onerous and all encompassing piece of health and safety legislation ever introduced into the UK, and possibly the world. Interestingly, it also places some duties on employees. In theory, it is possible for an employee to be prosecuted for causing an injury he or she sustained at work, although in practice such prosecutions are exceedingly rare. Almost all prosecutions in the UK relating to health and safety at work are carried out invoking the HSAWA, although it may be in conjunction with other legislation as well.
None of these specifically state a HAZOP or MOC as a requirement. All, however, require, or imply, an assessment of the risk of a business' operation on employees. If a HAZOP is not carried out on a process plant, an alternative adequate risk assessment is required. Often, in practice, this implies justifying why a HAZOP is not required. However, for particularly high hazard processes, a HAZOP may be deemed to be insufficient.

 

[121202]

In many countries the law does not prescribe the processes, systems or work methods that must be applied. However, as an engineer you will likely be judged on whether or not you applied reasonable judgement. That is, did you take all of the steps that could be reasonably expected to ensure public safety and the protection of public property. If you cannot demonstrate that you have applied a formal structured approach in developing and verifiying the safety of your design, for example by carrying out HAZOPs and by applying suitable change control procedures, then it is doubtful whether any court would judge your behaviour as being reasonable.

 

[dcasto]

Do mean a public register? No there is no requirement under OSHA. Under EPA's Risk managment program, certain plant information must be supmitted to them, not the details of Hazops, mostly general information about risks. This data used to be public pre 9/11 and now it takes a request to get it.

If you mean registered internally to the company, then yes you must have a system to store the information so employees can use the data.