Employee Participation - doe-hdbk-1101-20040032

DOE-HDBK-1101-2004

2.1 Employee Participation

29 CFR 1910.119 (c)

(1) Employers shall develop a written plan of action regarding the implementation of the employee participation

required by this paragraph.

(2) Employers shall consult with employees and their representatives on the conduct and development of

process hazards analyses and on the development of the other elements of process safety management in this

standard.

(3) Employers shall provide to employees and their representatives access to process hazard analyses and to all

other information required to be developed under this standard

Intent

Recent enforcement actions indicate that OSHA expects employers to consult with employees

and their representatives on each PSM element (including development of the employee

participation plan) [Q36, Q37]. Employees with a working understanding of chemical processes

should serve as informational resources in the development of chemical process accident

prevention plans, the performance of PrHAs, and the conduct of incident investigations and

audits. As a minimum, employees and their representatives must be consulted (i.e., information

exchanged and input solicited) [Q38, Q39]. The effectiveness of PSM programs depends on the

employees' sense of ownership and accountability.

DOE contractors should work with employees and their representatives to reach agreement on

and to document the optimum level of employee involvement for each element. Contractors must

also ensure that workers have access to PrHAs and PSI to promote the safety of day-to-day

operations [Q40, Q41].

Corresponding DOE Programs and Requirements

General areas for employee participation in DOE safety and health programs are identified in

DOE O 440.1A, WORKER PROTECTION MANAGEMENT FOR DOE FEDERAL AND

CONTRACTOR EMPLOYEES.

Documentation Requirements

Contractors are required to prepare written plan for worker involvement. The plan must address

the minimum requirements for consultation on development of PrHAs and other PSM elements.

It must also address worker access to PrHAs, PSI, and all documentation developed under the

PSM Rule. A sample employee involvement program is included at the end of this section in

Exhibit 2.1.

Minimum Implementation Criteria

DOE contractors must develop a plan that provides for an appropriate level of employee

participation in the conduct of each PSM element (e.g., consultation with workers on PrHAs,

employee access to PrHAs and PSI, and training).