process safety during covid-19...and handles all aspects of osha litigation • conducts safety...

Process Safety During COVID-19

June 16, 2020

2

Welcome

• Moderator:

– Michael J. Hazzan, P.E., CCPSC, CPSA - AcuTech

• Presenters:

– David A. Moore, P.E., CSP, CPSA - AcuTech

– Eric J. Conn, Esq. – Conn Maciel Carey LLP

– Dr. Anil Gokhale, P.E. - CCPS

• Some housekeeping issues…

– Demio

– Muted mics

– No video for attendees

– Use Demio Chat to submit questions

– Brief presentations then Q&A

David A. Moore, P.E., CSP, CPSA - AcuTech

• David Moore is the founder, President and CEO

of the AcuTech Consulting Group.

• Over forty years of experience in process safety

and risk management.

• Recognized expert and frequent speaker on

these topics and advisor to many corporations

handling highly hazardous materials.

• Has taught process safety and chemical security

courses to many of the world’s largest

corporations. 3

Eric Conn, Esq. - Conn Maciel Carey, LLP

• Eric J. Conn is a founding partner of Conn Maciel Carey

and Chair of the firm’s national OSHA Workplace Safety

Practice Group.

• Focuses on all aspects of occupational safety & health law and represents employers in inspections, investigations and enforcement actions involving OSHA, CSB, MSHA, & EPA

• Responds to and manages investigations of catastrophic industrial, construction, and manufacturing workplace accidents, including explosions and chemical releases and handles all aspects of OSHA litigation

• Conducts safety training & compliance counseling4

Dr. Anil Gokhale, P.E. - CCPS

• Director of Projects at Center for Chemical

Process Safety. He is responsible for all the

projects, programs, and educational offerings

from CCPS.

• He is well published in referred journals and has

35+ years of experience spans the globe.

• Has held various positions in the industry,

spanning both technical leadership & business

executive roles.

5

www.acutech-consulting.com

6

Process Safety

Management During

COVID-19

Issues, Impacts, and Solutions

AcuTech Group, Inc.

1919 Gallows Road, Suite 900

Vienna, Virginia, 22182 USA


David Moore – President & CEO

[email protected]

This Photo by Unknown Author is licensed under CC BY


http://writing-the-wrongs.blogspot.com/2011_05_01_archive.html

https://creativecommons.org/licenses/by/3.0/


Process Safety During

COVID-19

Issues and Risks

• How does COVID-19 affect PSM

and what are the risks?

• How are companies managing the

challenge?

• What solutions are needed and

available?

• What have we learned from this

experience?

• Where do we go from here?This Photo by Unknown Author is licensed under CC BY-NC-ND

https://www.eopugetsound.org/magazine/toxic-law

https://creativecommons.org/licenses/by-nc-nd/3.0/


• COVID-19 is unlike any previous challenge –a virtual “BioWar”.

• Widespread, long duration, uncertainties, global disruption, and potential for severe health, safety, and economic impacts.

• Process Safety Management (PSM) is a critical function to any corporation handling highly hazardous materials.

• The chemical sector is a critical sector that must maintain operations during the pandemic.

• Modern industry has never had to manage today’s PSM requirements under these circumstances.


Issues and Risks



Issues and Risks• Potential for infection and serious illness

to workers

• Possible for personnel, contractor, and

supply chain disruptions due to illnesses

or restrictions on operations

• Reduced operations or shutdowns and

restarts

• Economic impacts and potential for

associated spending cuts, turnovers,

and staff reductions affecting safety.

• Heightened potential for process safety

incidents during this time9


Potential PSM Issues



CDC - Why It Matters: The Pandemic Threat

• “While we can’t predict exactly when or where the next epidemic or pandemic will begin, we know one is coming”. (CDC, 2017)

• Why are we at risk from local outbreaks turning into global pandemics?

– Many challenges exist worldwide that increase the risk that outbreaks will occur and spread rapidly, including:

– Increased risk of infectious pathogens “spilling over” from animals to humans

– Development of antimicrobial resistance

– Spread of infectious diseases through global travel and trade

– Acts of bioterrorism

– Weak public health infrastructures10

Reference: Johns Hopkins, 2020



Pandemic Lifecycle

•

• All impacts must be considered during the lifecycle of the pandemic.

• For example, pandemics have six phases followed by Post Peak and Post Pandemic phases.

• Understanding the potential impacts of each phase with preparedness plans that evolve with the declaration of each phase are essential.

11Reference: World Health Organization 2020



Preparedness Lifecycle

• Planning - a risk assessment focused on such

events is critical to understand and appreciate

the potential impacts.

• Organize and Equip - focus primarily on

technical and management systems that must

be implemented that are essential to maintain a

safe workplace and effective PSM.

• Training - essential to ensure readiness for the

event. Exercises are ways to provide real time

feedback on the degree of readiness.

• Evaluate and Improve - based on experience,

additional knowledge, benchmarking, audits,

drills and exercises, and further learnings.Reference: FEMA

12



Priorities

• Must comply with applicable OSHA requirements for protecting critical infrastructure workers who remain on or return to the job during the COVID-19 pandemic.

• As the nation relies on these workers to protect public health, safety, and community well-being, they must be protected from exposure to and infection with the virus

• OSHA has guidance and enforcement information for workplaces at www.osha.gov/coronavirus

13

http://www.osha.gov/coronavirus



A PSM Specific Pandemic Plan

• Ensure the company’s pandemic plan includes PSM specifically.

• Address all of the elements of the PSM management system that are critical to maintain safe operations in priority.

• Key: MI, MOC, PHA, Operational Discipline, Operational Readiness, PSM Culture, PSM Competency

• Be flexible and adaptive to the ongoing events and the eventual ‘new normal’ future we can all expect.

14

Key Elements Rationale

PSM Culture Highly difficult time with many

professional and personal concerns and

unusual operating demands

MI Critical to maintain ITPM schedules and

activities

PHA Given a longer duration event PHAs are

foundation of hazard recognition and

PSM program review

PSM Competency Ensuring critical workforce is defined and

properly trained

Operational

Readiness

Ensuring ready to startup, operate,

shutdown, idle

MOC/MOOC Control of changes including

organizational



Develop a PSM Related Task Force

• Assign a team to focus on the specific issues of

PSM implementation similar to the Incident

Command (IC) Structure.

• Process safety should have its own sub-

organization.

• The American Petroleum Institute has developed

excellent guidance on COVID-19 response:

https://www.api.org/~/media/Files/EHS/Process-

Safety/API-PandemicGuide.pdf

• Require Partners to implement a standardized

Pandemic Preparedness Plan

15

https://www.api.org/~/media/Files/EHS/Process-Safety/API-PandemicGuide.pdf



Management of Organizational Change (MOOC)

• A Management of Organizational

Change (MOOC) study should be

conducted.

• Maintained and then revisited as

required to understand all implications of

staffing, competency, culture that may

be affected as the situation changes.

• MOC as appropriate for technical

changes

16



Key Issues for Change Management

a) Adequate staffing for all PSM responsibilities

b) Sufficient supervisory experience and skills present

c) Critical qualifications being present

d) Emergency management capabilities and complement

e) Process hazards analysis continuity

f) Audits and other forms of assurance of compliance to standards

g) MOC program assurance

h) Maintenance and inspection sufficiency

i) Supply chain assurance

j) And the continuity of all other fundamental aspects of PSM

17


Process Safety During COVID-19Issues and Risks

• Define critical workforce

• DHS guidance on the essential critical infrastructure workforce is an excellent guide

• Supports State, Local, and industry partners in identifying the critical infrastructure sectors and the essential workers needed.

• https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19

• https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce

Essential workers

https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19

https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce



Develop Criteria for Process Safety Performance

• Have a clear path for making decisions

on maintaining safe operations.

• Define minimal requirements for PSM

performance and proactive metrics

• Have a plan for action adaptive to

change

• Especially at reduced operations or for

shutdown and restart conditions.

19



Adapt to a New Set of Working Conditions

• Remote access tools and procedures for

running the business and managing PSM

activities (PHAs, Audits, MI, meetings)

• Access to company systems (which may not

be digitized or available online)

• Rules for working under principles of social

distancing (zero contact).

• Procedures for escalation of the event

including workers becoming ill or

government actions to curtail operations or

non-essential personnel

20


Process Safety During COVID-19Industry COVID-19 Contributions

• Industry has stepped up to the challenge and it is encouraging to see the rapid adaptation to manage PSM.

•CCPS - COVID-19 guidance for PSM to accompany their excellent series of guidance documents on PSM

•AFPM - longstanding dedication to managing such events and the resiliency of the industry

•SOCMA has developed guidance for maintaining safe operations including an Essential Personnel Template Letter and a Guide to Pandemic Plan Framework.

• Individual companies – sharing best practices and contributing to the emergency

Courtesy of AFPM.org



Potential Positive Outcomes

• New work processes that are leaner, focused, efficient, and prioritized

• Remote applications allowing for more quality time for managing PSM, greater collaboration, better communications, and improved PSM culture

• Better prepared for future epidemics and pandemics

• Improved crisis management and emergency management for supply chain, personnel

• Time to reflect on priorities for PSM and to strategize improvements

22



Summary

• The multifaceted challenges of COVID-

19 present an unprecedented event

since process safety was formalized.

• We have to recognize that this is an

inflection point that will have a profound,

lasting impact on the world.

• COVID-19 will change the future of how

PSM will be managed in the future and

we must adapt accordingly.

23


24

About AcuTech

Since 1994, AcuTech has been the global leader

providing process safety and security

management and technical consulting services, a

world-class training institute and a new enterprise

risk management software for improving risk,

safety, environmental, and security performance

specific to industries handling hazardous

chemicals.

AcuTech has offices focused on serving key

global markets:

• Washington, DC

• Philadelphia, PA

• Houston, TX

• Shanghai, China

• Dubai, UAE

• Mumbai, India

AcuTech Group, Inc.

1919 Gallows Road, Suite 900

Vienna, Virginia, 22182 USA


http://www.acutech-consulting.com/

OSHA PSM Implications of COVID-19

Eric J. ConnChair, OSHA • Workplace Safety Group

Conn Maciel Carey LLP

June 16, 2020

© 2020 CONN MACIEL CAREY LLP ALL RIGHTS RESERVED ATTORNEY ADVERTISING WWW.CONNMACIEL.COM

✓ OSHA PSM Implications of COVID-19 in the Workplace

▪ Enforcement Discretion Policy re: recurring and other regulatory requirements

▪ Update on the PSM NEPduring the pandemic

▪ Status of the Wynnewoodappeal (expanding PSMcoverage to utilities, etc.)

Agenda


OSHA’s Enforcement Discretion Policy During the Pandemic


• April 16, 2020 – New OSHA Enforcement Memo, providing temporary enforcement relief for employers in all industries for many regulatory obligations, if compliance is infeasible or doing so would create an unreasonableCOVID-19 exposure risk

• Acknowledges that pandemichas created unprecedentedissues for employers trying tomeet regulatory obligations –such as annual training, audits,testing, medical surveillance,etc. – w/out creating greaterrisk of virus exposure

New Enforcement Discretion Policy


• If employer is unable to comply w/ standard that requires annual/ recurring duty (e.g., audit, review, training, assessment, inspection, or testing) b/c of COVID-19, AND the employer made good faith attempts to comply, OSHA “shall take such efforts into strong consideration in determining whether to cite a violation”

• BUT where employer cannot demonstrate any effort to comply, or why complying would be more hazardous, citations may issue

• OSHA also expects employers to demonstrate good faith attempts to return to compliance as soon as normal operations resume (i.e., the workplace reopens; 3rd party service resumes; and/or social distancing policies expire)

Enforcement Discretion Policy


• In assessing whether an employer was unable to comply, OSHA will look for documentation of efforts to comply or why compliance would be ill-advised, e.g.:

– Contracts/invoices showing that training/auditing service hadbeen timely scheduled before the outbreak

– Communications w/ the providers re: cancellation b/c of the pandemic

– Documentation of good faith efforts toexplore other options to comply (e.g.,by remote training, virtual inspections, etc.)



• In assessing employers’ good faith efforts to address the hazard, OSHA will look for documentation of efforts tocomply or why compliance would be ill-advised, e.g.:

– Documentation of good faith efforts to implement interim alternative protections (e.g., engineering or administrative controls not normally used in the normal course ofday-to-day operations before the pandemic)

– Other efforts to address the hazard associated with the compliance obligation (e.g., additional training or audits, reduced throughput)



• Annex A of memo is a non-exhaustive list of examples of situations where enforcement discretion will be considered:

1. Annual Audiograms

2. Annual Hazardous Waste Operations Training

3. Annual Respirator Fit Testing and Training

4. Periodic Maritime Crane Testing and Certification

5. Crane Operator Re-Certification or Re-Licensing Examinations

6. Periodic Medical Evaluation for Respirator Use

7. Various PSM requirements (as examples):▪ Process Hazard Analysis Revalidations▪ Annual review and certification of Operating Procedures▪ Periodic Refresher Operator Training

Enforcement Discretion Policy –Types of Compliance Obligations Covered


• Per discussion w/ leaders on OSHA’s PSM Team re: PSMimplications of COVID-19 and the Enforcement Discretion Memo:

• Additional PSM elements that ARE covered by the memo:– Compliance audits are intended to be covered

– SOP updates / Annual Certifications

– Operator AND M.I. Training

– Closing PHA/Compliance Audit recommendations

• PSM elements that are generally NOT covered by the memo:– MOC

– M.I. inspections and tests for processes still in operation (generally)

– If a process or vessel is shut down, you can get behind schedule if you show good faith getting back into compliance after resuming normal ops

• “Principle” of the memo can apply to anything, but the burden to show good faith is higher for M.I. and other safety-critical elements

PSM in Enforcement Discretion Memo

33


18,826 Employee Complaints (addressed by Phone/Fax or RRI)

510 Enforcement Inspections (1 reporting citation issued so far)

OSHA COVID-19 Enforcement Update

34


ChemRef PSM National Emphasis Program


Inspection Metrics FY18 FY19

Total Fed OSHA inspections 231 179

• All Entities Inspected Under the NEP 223 169

• Programmed/Planned 139 96 (59 on-going)

• Unprogrammed:o Fatality/Catastropheo Employer Reportso Employee Complaintso Other Referralso Other (e.g., follow-up)

92- 5- 20- 30- 30- 7

83- 2- 15- 11- 24- 31

• In-Compliance Rate (No Citations) 34% 33%

• CSHO Hours per Inspection:o Across All Industrieso Average for the PSM NEPo Refineries under the PSM NEP

22130338

No Data Yet

• Citations Issued per Inspection 2.9 4.4

• Total Penalties (final disposition) $2.4M $4.51M

ChemRef PSM NEP Data


Top 5 most cited standards from PSM NEP are consistent with the prior Refinery PSM NEP (in order):

1. Mechanical Integrity

2. Process Safety Information

3. PHA

4. Operating Procedures

5. Management of Change

ChemRef PSM NEPThe Reality

Both heavily focusedon the RAGAGEP issues


• Chem/Ref PSM NEP not officially paused, but significant practical limitations to on-site, programmed inspections b/c of COVID-19

• OSHA has only done approx. 25 programmed inspections per week across all inspection-types all over the country since the crisis started (mostly outdoor construction - falls and trenching)

• Most everything OSHA is doing now is COVID-19 related (e.g., addressing employee complaints, compliance assistance, and some enforcement in the healthcare space)

• Do not anticipate programmed NEP inspections right now

• If there is a PSM incident, OSHA will inspect (probably openremotely and then come on site)

• In the midst of NEP, PSM coverage may be expanding dramatically (Wynnewood case due to be decided by 10th Cir. later this year)

PSM NEP During the Pandemic

38


Conn Maciel CareyCOVID-19 TaskForce Resource

Web Page

39


Check out our blogs:


Insights for Managing Process Safety

during & following Pandemic(s)

Dr. Anil Gokhale, P.E.

Director, CCPS Projects

[email protected]

16 June, 2020

mailto:[email protected]

Basic Definitions

43

Let’s set the stageA. Center for Chemical Process Safety

▪ Vision: To Protect People, Property & the Environment, by bringing the best process

safety knowledge and practices to industry, academia, the governments …….

B. COVID-19: A pandemic that has potential to disrupt People, Property & Environment

C. Risk Based Process Safety: A framework of Process Safety best practices

https://www.aiche.org/ccps/resources/publications/books/guidelines-risk-based-process-safety

What is CCPS Offering

44

▪ Monograph that can provide Guidance & Insight

▪ Directly addresses today’s needs created by the COVID-19 Pandemic

▪ Best Practices from 8 experts from around the world

▪ Results from a Global Panel Discussion and Q&A

▪ A guide to Smart Restart

▪ A collaborative set of suggestions for restarting facilities

▪ The Bow Tie for COVID-19:

▪ Explains hazards, preventive layers, mitigations and consequences in relatively simple

terms

▪ Natural Hazards Monograph:

▪ For routinely occurring disasters; Contains many ideas for preparation, planning and

recovery

https://www.aiche.org/ccps/publications/process-safety-monographs


The COVID-19 Monograph

45

With Input from many practitioners in multiple countries

Based on the RBPS backbone;

▪ Why: RBPS is applicable all the times; Normal & Abnormal

▪ All Hazards & Risks are not equal

▪ While the need and demand for Process Safety continues, the support

resources have been impacted

▪ Includes Humans, Material, Equipment, Supply Chain, Funding

Managing Human Performance is challenging during ANY crisis.

▪ Think of anxiety, stress and fatigue

▪ Addressed in Process Safety Culture, Stakeholder Outreach & Conduct of

Operations

46

Guidance Practice

Detailed Look at:

47

▪ Two Focus Areas crucial at the moment:

1. Process Safety Culture

2. Operational Readiness & Pre Startup Safety Review

Process Safety Culture

48

▪ Lead the response

▪ Communicate often

▪ Workload balance with outside demands

▪ Building trust & psychologically safe environment

▪ Don’t lose focus on the Sense of Vulnerability at

operating facility

▪ Just because COVID-19 creates a different vulnerability

▪ Watch out for Normalization of Deviance


49

Signs & Actions ?

Short term objectives dominate decisions, no consideration for long term process safety impact XLeadership actively participates in understanding hazards & risks

Leaders stand up for Process Safety even if production targets suffer

Less than usual adherence to procedures because of staff shortage. Shortcuts taken to meet weekly quotas and commitments to customers XCompany is reducing staff to cut costs. Employee carrying extra tasks, feels uncomfortable to raise safety issues because of job security XEmployee personal welfare is not factored in scheduling decisions XSubject matter experts opinion is consistently included in decisions –even if that addsdelays because they are remote


Resources

50

htt

ps:

//w

ww

.aic

he

.org

/cc

ps/

reso

urc

es/

pu

blic

atio

ns/

bo

oks/

pro

ce

ss-s

afe

ty-le

ad

ers

hip

-bo

ard

roo

m-f

ron

tlin

e

htt

ps:

//w

ww

.aic

he

.org

/cc

ps/

reso

urc

es/

pu

blic

atio

ns/

bo

oks/

ess

en

tia

l-p

rac

tic

es-

cre

atin

g-s

tre

ng

the

nin

g-a

nd

-su

sta

inin

g-p

roc

ess

-

safe

ty-c

ultu

re

https://www.aiche.org/ccps/resources/publications/books/process-safety-leadership-boardroom-frontline

https://www.aiche.org/ccps/resources/publications/books/essential-practices-creating-strengthening-and-sustaining-process-safety-culture

Safe Restarts

51

Was your plant shutdown due to COVID-19?

Even If shutdown was not Hastily performed

▪ The standard startup plan should be reviewed and Revised

▪ Both Equipment and Staffing Requirements should be thoroughly reviewed

▪ Documenting state of equipment/operation is crucial

▪ Corrosion,

▪ Leftover inventory

▪ Lines left open

▪ ….

Significant number of incidents happen during startup

Safe Restarts

52

Pointers for restarting idled facilities

This list is not exhaustive or complete. There may be much more to do

▪ Control, ESD, Safety systems tested

▪ Equipment that is not ready for restart is isolated

▪ Lineups verified and walked

▪ All procedures & equipment (specifically emergency response) are in place

▪ Fire protection, Gas dictation, etc.

▪ Training and Retraining of all personnel involved

▪ Outstanding preventive maintenance completed

▪ Loose fittings & leaks fixed, equipment and lines purged

▪ Equipment leftover inventory fully understood

▪ Bypassed or disabled alarms addressed

▪ Instrumentation stuck open/closed due to non-use remediated

Safe Restarts

53

Resources

Published International Council of Chemical

Associations With support and contribution by CCPS

htt

ps:

//w

ww

.aic

he

.org

/cc

ps/

pu

blic

atio

ns/

bo

oks/

gu

ide

line

s-

pe

rfo

rmin

g-e

ffe

ctive

-pre

-sta

rtu

p-s

afe

ty-r

evie

ws


https://www.aiche.org/ccps/publications/books/guidelines-performing-effective-pre-startup-safety-reviews

https://www.aiche.org/ccps/publications/books/guidelines-performing-effective-pre-startup-safety-reviews


In Summary

54

The world is changing but Process Safety remains a priority

Send to: [email protected]

What’s different since COVID-19

▪ Social distancing, masks

▪ Less Flying, less use of public

transportation

▪ Working from home

▪ More virtual meetings

▪ Virtual Conferences

▪ Less eating out

▪ Many small businesses have closed

What’s NOT different since COVID-19

▪ Hazard of Chemicals

▪ Need for sound design, installation and operation

▪ Poor zoning regulations allow communities to grow around

industrial facilities

▪ Lessons learned from past are forgotten / overlooked

▪ Process Safety Culture remains a widespread weakness

▪ Incidents keep happening

How can CCPS help?

55

Q & A

Contact information post-webinar:

Dave Moore: [email protected], 703-598-3921

Eric J. Conn: [email protected], 202-909-2737

Anil Gokhale: [email protected], 646-495-1378

COVID-19 Process Safety-Related Resources




https://acutech-consulting.com/acutech-training-institute-2/acutech-webinar-resources/

David A. Moore PE, CSP, CPSA

President & CEO

AcuTech Group Inc.

[email protected]

856-217-1599

AcuTech Proprietary

56

Eric Conn, Esq.

Partner

Conn Maciel Carey LLP

[email protected]

202-909-2737

Dr. Anil Gokhale, P.E.

Director of Projects

CCPS

[email protected]

646- 495-1378




process safety during covid-19...and handles all aspects of osha litigation • conducts safety...

Documents