Employee Participation - hdbk11010032

DOE-HDBK-1101-96

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 stan-

dard.

(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 440.1, WORKER SAFETY AND HEALTH PROGRAM. OSHA requires a greater degree of

employee involvement in PSM programs than is required by this DOE Order.

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 participa-

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

access to PrHAs and PSI, and training).