Proposed new regulations for Process Safety Management

By CMTA Staff

Capitol Update, Sept. 21, 2007 Share this on FacebookTweet thisEmail this to a friend

Over the past few months the Division of Occupational Safety and Health (DOSH) has been considering a fee for service for the Process Safety Management (PSM) Program.  DOSH established a PSM Advisory Committee to discuss this new proposal and held two meetings – one in Oakland and the second in Los Angeles.  Employers that would be affected by this new proposal were invited to attend, provide input and discuss the proposed fee structure and the billing of employers for services performed.  

The PSM Program was established to ensure that employers complied with the Cal/OSHA PSM regulations through programmed inspections. The enforcement of PSM regulations is conducted by two Regional offices in Northern and Southern California.  When these inspections are conducted the employer risks being fined if they are not in compliance.

The DOSH’s proposal is to establish a "Fee-for-Service" based PSM Program which they believe would be self-funded within two years.  Employers could get technical assistance and help with establishing "State Qualified" PSM plans from the State.  In return for the "fee-for-service," no citations would be issued during the consultation and qualified plans would exempt employers from programmed inspections for five years.

The proposed regulatory language in April was the following:

(a) A fee of $150.00 per hour, or part thereof, based on quarter hour intervals, with a minimum of one-half hour, shall be charged for all compliance assistance, inspections, accidents, audits, program review and other activities required or related to Title 8, Section 5189 Process Safety Management of Acutely.

All these matters are still up for discussion and if the regulation is adopted, the "fee for service" would be mandatory.   It is important for all companies that must comply with PSM regulations to engage in this discussion.  

On September 25 at 10:30 am Len Welsh, Acting Chief of Cal/OSHA and Clyde Trombettas, Northern California PSM District Manager will hold a meeting at the California Chamber Commerce, 1215 K St. Suite 1400.  
 
CMTA encourages your participation.  If you have any questions or input please contact Cynthia León at cleon@cmta.net.
 
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