Emergency planning and response

DOE-HDBK-1101-96

(2)

Nothing in this paragraph shall preclude the employer from requiring the persons to whom

the information is made available under paragraph (p)(1) of this section to enter into

confidentiality agreements not to disclose the information as set forth in 29 CFR

1910.1200.

(3)

Subject to the rules and procedures set forth in 29 CFR 1910.1200(i)(1) through

1910.1200(i)(12), employees and their designated representatives shall have access to trade

secret information contained within the process hazard analysis and other documents

required to be developed by this standard.

(4)

A report shall be prepared at the conclusion of the investigation which includes at a

minimum:

(i)

Date of incident;

(ii)

Date investigation began;

(iii) A description of the incident;

(iv) The factors that contributed to the incident; and,

(v)

Any recommendations resulting from the investigation.

(5)

The employer shall establish a system to promptly address and resolve the incident report

findings and recommendations. Resolutions and corrective actions shall be documented.

(6)

The report shall be reviewed with all affected personnel whose job tasks are relevant to the

incident findings including contract employees where applicable.

(7)

Incident investigation reports shall be retained for five years.

(n) Emergency planning and response.

The employer shall establish and implement an emergency action plan for the entire plant in

accordance with the provisions of 29 CFR 1910.38(a). In addition, the emergency action plan

shall include procedures for handling small releases. Employers covered under this standard may

also be subject to the hazardous waste and emergency response provisions contained in 29 CFR

1910.120(a), (p) and (q).

(o) Compliance Audits.

(1)

Employers shall certify that they have evaluated compliance with the provisions of this

section at least every three years to verify that the procedures and practices developed

under the standard are adequate and are being followed.

(2)

The compliance audit shall be conducted by at least one person knowledgeable in the

process.

(3)

A report of the findings of the audit shall be developed.

(4)

The employer shall promptly determine and document an appropriate response to each of

the findings of the compliance audit, and document that deficiencies have been corrected.

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