Section 16 Hazardous Materials

• Library: Employer-Employee Law 2008

Subpart H of the general industry regulations—covering
29 C.F.R. §§ 1910.101 through 1910.126—governs the presence in the workplace of certain hazardous materials, including:

• acetylene
• hydrogen
• oxygen
• nitrous oxide
• flammable and combustible liquids;
• explosives and blasting agents;
• liquefied petroleum gases; and
• anhydrous ammonia.

Subpart H also contains process safety requirements pertaining to highly hazardous chemicals as well as the regulation pertaining to hazardous waste operations and emergency response (HAZWOPER).

(1) (§13.17) Process Safety Requirements

Unexpected releases of highly hazardous materials
can pose a threat to employee safety and health. OSHA’s standard for process safety management of highly hazardous chemicals, 29 C.F.R. § 1910.119, is designed
to manage the hazards associated with processes
using highly hazardous chemicals. The standard contains requirements for “preventing or minimizing the con- sequences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals.” Section 1910.119.
The standard applies to a process that involves the presence of a chemical at or above a specified threshold quantity (as outlined in Appendix A to the standard). Section 1910.119(a)(1)(i). Subject to certain exceptions, the standard also applies to any process that involves
a flammable liquid or gas on site in one location
in a quantity of 10,000 pounds or more. Section 1910.119(a)(1)(ii). The standard does not apply to retail facilities or oil or gas well drilling or servicing operations. Section1910.119(a)(2).

Employers covered by the process safety standard are required to develop a written plan of action (containing a hazard analysis) and consult with employees (or their representatives) during that process. Section 1910.119(c) and (e). To the extent that consulting with employees raises issues pertaining to confidential information or trade...