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CR-102 Filing Date: June 21, 2023
Date of Intended Adoption: October 17, 2023
The Department of Labor and Industries (L&I) Division of Occupational Safety and Health (DOSH) filed a Proposed Rulemaking (CR-102) to create a new Part B in chapter 296-67 WAC Safety standards for process safety management (PSM) of highly hazardous chemicals for employers and employees working at petroleum refineries. The new Part B includes existing PSM requirements applicable to refineries updated with new requirements based on the best available evidence learned since the PSM rule was first adopted in 1992.
The need for such changes stems from previous incidents at petroleum refineries in the United States, including Washington state. In 2010, seven workers lost their lives at the Tesoro refinery in Anacortes when a heat exchanger used in the refining process exploded. In 1998, an explosion and fire at the Equilon refinery in Anacortes claimed the lives of six workers.
In 2019, the Division of Occupational Safety and Health of California (Cal/OSHA) adopted new rules for process safety management for refineries based on recommendations from an interagency taskforce and other safety experts following a chemical release and fire at a California refinery in 2012. L&I worked with Washington refineries, labor organizations and advocated, community and environmental advocates, and other stakeholders to develop the proposed rule for PSM in petroleum refineries. The proposed rule largely aligns with the California rule. These changes are needed to ensure that employers and employees are safe while working in the refineries as processes and technology in the industry advance over time.
L&I will conduct two in-person public hearings, and one virtual public hearing to receive comments regarding the proposed changes. A pre-hearing overview will occur one hour prior to the start of each public hearing. The pre-hearing overview will be an opportunity for L&I staff to provide a brief summary of the draft rule language, and answer any questions from the public prior to the start of the formal hearing.
CR-102 Rulemaking Proposal
Proposed Language Chapter 296-67 WAC
Please see the Agency Rulemaking Page for additional filing documents.
Public Hearings:
Date: August 10, 2023
Time: 9:00 a.m. Pre-hearing Overview
10:00 a.m. Public Hearing
Location: Four Points Sheraton
Fairhaven Room
714 Lakeway Drive
Bellingham, WA 98229
Date: August 15, 2023
Time: 12:30 p.m. Pre-Hearing Overview
1:30 p.m. Public Hearing
Location: Virtual via Zoom
To join electronically: https://lni-wa-gov.zoom.us/j/87947049101?pwd=ejNaTy9VMWp4Qk9wR0lyc2xKS1ROUT09
Password (if prompted): PSM@1230
OR
Participate by Phone: (253) 215-8782 or (253) 205-0468
Meeting ID: 879 4704 9101
Passcode: 43800387
Date: August 17, 2023
Time: 9:00 a.m. Pre-Hearing Overview
10:00 a.m. Public Hearing
Location: Four Points Sheraton
Fairhaven Room
714 Lakeway Drive
Bellingham, WA 98229
L&I encourages the submittal of written comments, due by 5:00 p.m. on August 24, 2023.
Submit written comments to:
Tari Enos
Department of Labor and Industries
Division of Occupational Safety and Health
PO Box 44620
Olympia, WA, 98504-4620
Or
Tari.Enos@Lni.wa.gov
For questions regarding the rulemaking process for this project, please contact:
Tari Enos, Administrative Regulations Analyst, Tari.Enos@Lni.wa.gov
For technical questions regarding this rulemaking, please contact:
Sally Buckingham, Industrial Hygienist, Sally.Buckingham@Lni.wa.gov
For more information of the development of this rule, please see the L&I Rulemaking Activity page.
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