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Regulations (Standards - 29 CFR)
Process safety management of highly hazardous
chemicals. - 1910.119

Regulations (Standards - 29 CFR) - Table of
Contents

• Part Number:

1910

• Part Title:

Occupational Safety and Health
Standards

• Subpart:

H

• Subpart Title:

Hazardous Materials

• Standard Number:

1910.119

• Title:

Process safety management of highly
hazardous chemicals.

• Appendix:

A
,   B
,   C
,   D

Purpose. This section contains requirements for preventing
or minimizing the consequences of catastrophic releases of toxic,
reactive, flammable, or explosive chemicals. These releases may result
in toxic, fire or explosion hazards.
1910.119(a)

Application.
1910.119(a)(1)

This section applies to the following:
1910.119(a)(1)(i)

A process which involves a chemical at or above the
specified threshold quantities listed in Appendix A to this
section;
1910.119(a)(1)(ii)

A process which involves a flammable liquid or gas (as
defined in 1910.1200(c) of this part) on site in one location, in a
quantity of 10,000 pounds (4535.9 kg) or more except for:
1910.119(a)(1)(ii)(A)

Hydrocarbon fuels used solely for workplace consumption as a
fuel (e.g., propane used for comfort heating, gasoline for vehicle
refueling), if such fuels are not a part of a process containing another
highly hazardous chemical covered by this standard;
1910.119(a)(1)(ii)(B)

Flammable liquids stored in atmospheric tanks or transferred
which are kept below their normal boiling point without benefit of
chilling or refrigeration.
1910.119(a)(2)

This section does not apply to:
1910.119(a)(2)(i)

Retail
facilities;
..1910.119(a)(2)(ii)

1910.119(a)(2)(ii)

Oil or gas well drilling or servicing operations;
or,
1910.119(a)(2)(iii)

Normally unoccupied remote facilities.
1910.119(b)

Definitions.

"Atmospheric tank" means a storage tank
which has been designed to operate at pressures from atmospheric through
0.5 p.s.i.g. (pounds per square inch gauge, 3.45 Kpa).

"Boiling
point" means the boiling point of a liquid at a pressure of 14.7 pounds
per square inch absolute (p.s.i.a.) (760 mm.). For the purposes of this
section, where an accurate boiling point is unavailable for the material
in question, or for mixtures which do not have a constant boiling point,
the 10 percent point of a distillation performed in accordance with the
Standard Method of Test for Distillation of Petroleum Products, ASTM
D-86-62, which is incorporated by reference as specified in Sec. 1910.6,
may be used as the boiling point of the liquid.

"Catastrophic
release" means a major uncontrolled emission, fire, or explosion,
involving one or more highly hazardous chemicals, that presents serious
danger to employees in the workplace.

"Facility" means the
buildings, containers or equipment which contain a process.

"Highly hazardous chemical" means a substance possessing toxic,
reactive, flammable, or explosive properties and specified by paragraph
(a)(1) of this section.

"Hot work" means work involving electric
or gas welding, cutting, brazing, or similar flame or spark-producing
operations.

"Normally unoccupied remote facility" means a
facility which is operated, maintained or serviced by employees who
visit the facility only periodically to check its operation and to
perform necessary operating or maintenance tasks. No employees are
permanently stationed at the facility. Facilities meeting this
definition are not contiguous with, and must be geographically remote
from all other buildings, processes or persons.

"Process" means
any activity involving a highly hazardous chemical including any use,
storage, manufacturing, handling, or the on-site movement of such
chemicals, or combination of these activities. For purposes of this
definition, any group of vessels which are interconnected and separate
vessels which are located such that a highly hazardous chemical could be
involved in a potential release shall be considered a single process.

"Replacement in kind" means a replacement which satisfies the
design specification.

"Trade secret" means any confidential
formula, pattern, process, device, information or compilation of
information that is used in an employer's business, and that gives the
employer an opportunity to obtain an advantage over competitors who do
not know or use it. Appendix D contained in 1910.1200 sets out the
criteria to be used in evaluating trade secrets.
1910.119(c)

Employee participation.
1910.119(c)(1)

Employers shall develop a written plan of action regarding
the implementation of the employee participation required by this
paragraph.
1910.119(c)(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.
1910.119(c)(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.
..1910.119(d)

1910.119(d)

Process safety information. In accordance with the schedule
set forth in paragraph (e)(1) of this section, the employer shall
complete a compilation of written process safety information before
conducting any process hazard analysis required by the standard. The
compilation of written process safety information is to enable the
employer and the employees involved in operating the process to identify
and understand the hazards posed by those processes involving highly
hazardous chemicals. This process safety information shall include
information pertaining to the hazards of the highly hazardous chemicals
used or produced by the process, information pertaining to the
technology of the process, and information pertaining to the equipment
in the process.
1910.119(d)(1)

Information pertaining to the hazards of the highly
hazardous chemicals in the process. This information shall consist of at
least the following:
1910.119(d)(1)(i)

Toxicity
information;
1910.119(d)(1)(ii)

Permissible exposure limits;
1910.119(d)(1)(iii)

Physical data;
1910.119(d)(1)(iv)

Reactivity data:
1910.119(d)(1)(v)

Corrosivity data;
1910.119(d)(1)(vi)

Thermal and chemical stability data; and
1910.119(d)(1)(vii)

Hazardous effects of inadvertent mixing of different
materials that could foreseeably occur.

Note: Material Safety
Data Sheets meeting the requirements of 29 CFR 1910.1200(g) may be used
to comply with this requirement to the extent they contain the
information required by this subparagraph.
1910.119(d)(2)

Information pertaining to the technology of the
process.
1910.119(d)(2)(i)

Information concerning the technology of the process shall
include at least the
following:
..1910.119(d)(2)(i)(A)

1910.119(d)(2)(i)(A)

A block flow diagram or simplified process flow diagram (see
Appendix B to this section);
1910.119(d)(2)(i)(B)

Process chemistry;
1910.119(d)(2)(i)(C)

Maximum intended inventory;
1910.119(d)(2)(i)(D)

Safe upper and lower limits for such items as temperatures,
pressures, flows or compositions; and,
1910.119(d)(2)(i)(E)

An evaluation of the consequences of deviations, including
those affecting the safety and health of employees.
1910.119(d)(2)(ii)

Where the original technical information no longer exists,
such information may be developed in conjunction with the process hazard
analysis in sufficient detail to support the analysis.
1910.119(d)(3)

Information pertaining to the equipment in the
process.
1910.119(d)(3)(i)

Information pertaining to the equipment in the process shall
include:
1910.119(d)(3)(i)(A)

Materials of construction;
1910.119(d)(3)(i)(B)

Piping and instrument diagrams
(P&ID's);
..1910.119(d)(3)(i)(C)

1910.119(d)(3)(i)(C)

Electrical classification;
1910.119(d)(3)(i)(D)

Relief system design and design basis;
1910.119(d)(3)(i)(E)

Ventilation system design;
1910.119(d)(3)(i)(F)

Design codes and standards employed;
1910.119(d)(3)(i)(G)

Material and energy balances for processes built after May
26, 1992; and,
1910.119(d)(3)(i)(H)

Safety systems (e.g. interlocks, detection or suppression
systems).
1910.119(d)(3)(ii)

The employer shall document that equipment complies with
recognized and generally accepted good engineering practices.
1910.119(d)(3)(iii)

For existing equipment designed and constructed in
accordance with codes, standards, or practices that are no longer in
general use, the employer shall determine and document that the
equipment is designed, maintained, inspected, tested, and operating in a
safe manner.
..1910.119(e)

1910.119(e)

Process hazard analysis.
1910.119(e)(1)

The employer shall perform an initial process hazard
analysis (hazard evaluation) on processes covered by this standard. The
process hazard analysis shall be appropriate to the complexity of the
process and shall identify, evaluate, and control the hazards involved
in the process. Employers shall determine and document the priority
order for conducting process hazard analyses based on a rationale which
includes such considerations as extent of the process hazards, number of
potentially affected employees, age of the process, and operating
history of the process. The process hazard analysis shall be conducted
as soon as possible, but not later than the following
schedule:
1910.119(e)(1)(i)

No less than 25 percent of the initial process hazards
analyses shall be completed by May 26, 1994;
1910.119(e)(1)(ii)

No less than 50 percent of the initial process hazards
analyses shall be completed by May 26, 1995;
1910.119(e)(1)(iii)

No less than 75 percent of the initial process hazards
analyses shall be completed by May 26, 1996;
1910.119(e)(1)(iv)

All initial process hazards analyses shall be completed by
May 26, 1997.
1910.119(e)(1)(v)

Process hazards analyses completed after May 26, 1987 which
meet the requirements of this paragraph are acceptable as initial
process hazards analyses. These process hazard analyses shall be updated
and revalidated, based on their completion date, in accordance with
paragraph (e)(6) of this standard.
1910.119(e)(2)

The employer shall use one or more of the following
methodologies that are appropriate to determine and evaluate the hazards
of the process being analyzed.
1910.119(e)(2)(i)

What-If;
..1910.119(e)(2)(ii)

1910.119(e)(2)(ii)

Checklist;
1910.119(e)(2)(iii)

What-If/Checklist;
1910.119(e)(2)(iv)

Hazard and Operability Study (HAZOP);
1910.119(e)(2)(v)

Failure Mode and Effects Analysis (FMEA);
1910.119(e)(2)(vi)

Fault Tree Analysis; or
1910.119(e)(2)(vii)

An appropriate equivalent methodology.
1910.119(e)(3)

The process hazard analysis shall address:
1910.119(e)(3)(i)

The hazards of the process;
1910.119(e)(3)(ii)

The identification of any previous incident which had a
likely potential for catastrophic consequences in the
workplace;
1910.119(e)(3)(iii)

Engineering and administrative controls applicable to the
hazards and their interrelationships such as appropriate application of
detection methodologies to provide early warning of releases.
(Acceptable detection methods might include process monitoring and
control instrumentation with alarms, and detection hardware such as
hydrocarbon
sensors.);
..1910.119(e)(3)(iv)

1910.119(e)(3)(iv)

Consequences of failure of engineering and administrative
controls;
1910.119(e)(3)(v)

Facility siting;
1910.119(e)(3)(vi)

Human factors; and
1910.119(e)(3)(vii)

A qualitative evaluation of a range of the possible safety
and health effects of failure of controls on employees in the
workplace.
1910.119(e)(4)

The process hazard analysis shall be performed by a team
with expertise in engineering and process operations, and the team shall
include at least one employee who has experience and knowledge specific
to the process being evaluated. Also, one member of the team must be
knowledgeable in the specific process hazard analysis methodology being
used.
1910.119(e)(5)

The employer shall establish a system to promptly address
the team's findings and recommendations; assure that the recommendations
are resolved in a timely manner and that the resolution is documented;
document what actions are to be taken; complete actions as soon as
possible; develop a written schedule of when these actions are to be
completed; communicate the actions to operating, maintenance and other
employees whose work assignments are in the process and who may be
affected by the recommendations or
actions.
..1910.119(e)(6)

1910.119(e)(6)

At least every five (5) years after the completion of the
initial process hazard analysis, the process hazard analysis shall be
updated and revalidated by a team meeting the requirements in paragraph
(e)(4) of this section, to assure that the process hazard analysis is
consistent with the current process.
1910.119(e)(7)

Employers shall retain process hazards analyses and updates
or revalidations for each process covered by this section, as well as
the documented resolution of recommendations described in paragraph
(e)(5) of this section for the life of the process.
1910.119(f)

Operating procedures.
1910.119(f)(1)

The employer shall develop and implement written operating
procedures that provide clear instructions for safely conducting
activities involved in each covered process consistent with the process
safety information and shall address at least the following
elements.
1910.119(f)(1)(i)

Steps for each operating phase:
1910.119(f)(1)(i)(A)

Initial startup;
1910.119(f)(1)(i)(B)

Normal operations;
1910.119(f)(1)(i)(C)

Temporary
operations;
..1910.119(f)(1)(i)(D)

1910.119(f)(1)(i)(D)

Emergency shutdown including the conditions under which
emergency shutdown is required, and the assignment of shutdown
responsibility to qualified operators to ensure that emergency shutdown
is executed in a safe and timely manner.
1910.119(f)(1)(i)(E)

Emergency Operations;
1910.119(f)(1)(i)(F)

Normal shutdown; and,
1910.119(f)(1)(i)(G)

Startup following a turnaround, or after an emergency
shutdown.
1910.119(f)(1)(ii)

Operating limits:
1910.119(f)(1)(ii)(A)

Consequences of deviation; and
1910.119(f)(1)(ii)(B)

Steps required to correct or avoid deviation.
1910.119(f)(1)(iii)

Safety and health considerations:
1910.119(f)(1)(iii)(A)

Properties of, and hazards presented by, the chemicals used
in the process;
1910.119(f)(1)(iii)(B)

Precautions necessary to prevent exposure, including
engineering controls, administrative controls, and personal protective
equipment;
..1910.119(f)(1)(iii)(C)

1910.119(f)(1)(iii)(C)

Control measures to be taken if physical contact or airborne
exposure occurs;
1910.119(f)(1)(iii)(D)

Quality control for raw materials and control of hazardous
chemical inventory levels; and,
1910.119(f)(1)(iii)(E)

Any special or unique hazards.
1910.119(f)(1)(iv)

Safety systems and their functions.
1910.119(f)(2)

Operating procedures shall be readily accessible to
employees who work in or maintain a process.
1910.119(f)(3)

The operating procedures shall be reviewed as often as
necessary to assure that they reflect current operating practice,
including changes that result from changes in process chemicals,
technology, and equipment, and changes to facilities. The employer shall
certify annually that these operating procedures are current and
accurate.
..1910.119(f)(4)

1910.119(f)(4)

The employer shall develop and implement safe work practices
to provide for the control of hazards during operations such as
lockout/tagout; confined space entry; opening process equipment or
piping; and control over entrance into a facility by maintenance,
contractor, laboratory, or other support personnel. These safe work
practices shall apply to employees and contractor employees.
1910.119(g)

Training.
1910.119(g)(1)

Initial training.
1910.119(g)(1)(i)

Each employee presently involved in operating a process, and
each employee before being involved in operating a newly assigned
process, shall be trained in an overview of the process and in the
operating procedures as specified in paragraph (f) of this section. The
training shall include emphasis on the specific safety and health
hazards, emergency operations including shutdown, and safe work
practices applicable to the employee's job tasks.
1910.119(g)(1)(ii)

In lieu of initial training for those employees already
involved in operating a process on May 26, 1992, an employer may certify
in writing that the employee has the required knowledge, skills, and
abilities to safely carry out the duties and responsibilities as
specified in the operating
procedures.
1910.119(g)(2)

Refresher training. Refresher training shall be provided at
least every three years, and more often if necessary, to each employee
involved in operating a process to assure that the employee understands
and adheres to the current operating procedures of the process. The
employer, in consultation with the employees involved in operating the
process, shall determine the appropriate frequency of refresher
training.
..1910.119(g)(3)

1910.119(g)(3)

Training documentation. The employer shall ascertain that
each employee involved in operating a process has received and
understood the training required by this paragraph. The employer shall
prepare a record which contains the identity of the employee, the date
of training, and the means used to verify that the employee understood
the training.
1910.119(h)

Contractors.
1910.119(h)(1)

Application. This paragraph applies to contractors
performing maintenance or repair, turnaround, major renovation, or
specialty work on or adjacent to a covered process. It does not apply to
contractors providing incidental services which do not influence process
safety, such as janitorial work, food and drink services, laundry,
delivery or other supply services.
1910.119(h)(2)

Employer responsibilities.
1910.119(h)(2)(i)

The employer, when selecting a contractor, shall obtain and
evaluate information regarding the contract employer's safety
performance and programs.
1910.119(h)(2)(ii)

The employer shall inform contract employers of the known
potential fire, explosion, or toxic release hazards related to the
contractor's work and the process.
1910.119(h)(2)(iii)

The employer shall explain to contract employers the
applicable provisions of the emergency action plan required by paragraph
(n) of this
section.
..1910.119(h)(2)(iv)

1910.119(h)(2)(iv)

The employer shall develop and implement safe work practices
consistent with paragraph (f)(4) of this section, to control the
entrance, presence and exit of contract employers and contract employees
in covered process areas.
1910.119(h)(2)(v)

The employer shall periodically evaluate the performance of
contract employers in fulfilling their obligations as specified in
paragraph (h)(3) of this
section.
1910.119(h)(2)(vi)

The employer shall maintain a contract employee injury and
illness log related to the contractor's work in process
areas.
1910.119(h)(3)

Contract employer responsibilities.
1910.119(h)(3)(i)

The contract employer shall assure that each contract
employee is trained in the work practices necessary to safely perform
his/her job.
1910.119(h)(3)(ii)

The contract employer shall assure that each contract
employee is instructed in the known potential fire, explosion, or toxic
release hazards related to his/her job and the process, and the
applicable provisions of the emergency action plan.
1910.119(h)(3)(iii)

The contract employer shall document that each contract
employee has received and understood the training required by this
paragraph. The contract employer shall prepare a record which contains
the identity of the contract employee, the date of training, and the
means used to verify that the employee understood the
training.
..1910.119(h)(3)(iv)

1910.119(h)(3)(iv)

The contract employer shall assure that each contract
employee follows the safety rules of the facility including the safe
work practices required by paragraph (f)(4) of this section.
1910.119(h)(3)(v)

The contract employer shall advise the employer of any
unique hazards presented by the contract employer's work, or of any
hazards found by the contract employer's work.
1910.119(i)

Pre-startup safety
review.
1910.119(i)(1)

The employer shall perform a pre-startup safety review for
new facilities and for modified facilities when the modification is
significant enough to require a change in the process safety
information.
1910.119(i)(2)

The pre-startup safety review shall confirm that prior to
the introduction of highly hazardous chemicals to a process:
1910.119(i)(2)(i)

Construction and equipment is in accordance with design
specifications;
1910.119(i)(2)(ii)

Safety, operating, maintenance, and emergency procedures are
in place and are adequate;
1910.119(i)(2)(iii)

For new facilities, a process hazard analysis has been
performed and recommendations have been resolved or implemented before
startup; and modified facilities meet the requirements contained in
management of change, paragraph
(l).
..1910.119(i)(2)(iv)

1910.119(i)(2)(iv)

Training of each employee involved in operating a process
has been completed.
1910.119(j)

Mechanical integrity.
1910.119(j)(1)

Application. Paragraphs (j)(2) through (j)(6) of this
section apply to the following process equipment:
1910.119(j)(1)(i)

Pressure vessels and storage tanks;
1910.119(j)(1)(ii)

Piping systems (including piping components such as
valves);
1910.119(j)(1)(iii)

Relief and vent systems and devices;
1910.119(j)(1)(iv)

Emergency shutdown systems;
1910.119(j)(1)(v)

Controls (including monitoring devices and sensors, alarms,
and interlocks) and,
1910.119(j)(1)(vi)

Pumps.
1910.119(j)(2)

Written procedures. The employer shall establish and
implement written procedures to maintain the on-going integrity of
process equipment.
..1910.119(j)(3)

1910.119(j)(3)

Training for process maintenance activities. The employer
shall train each employee involved in maintaining the on-going integrity
of process equipment in an overview of that process and its hazards and
in the procedures applicable to the employee's job tasks to assure that
the employee can perform the job tasks in a safe manner.
1910.119(j)(4)

Inspection and
testing.
1910.119(j)(4)(i)

Inspections and tests shall be performed on process
equipment.
1910.119(j)(4)(ii)

Inspection and testing procedures shall follow recognized
and generally accepted good engineering practices.
1910.119(j)(4)(iii)

The frequency of inspections and tests of process equipment
shall be consistent with applicable manufacturers' recommendations and
good engineering practices, and more frequently if determined to be
necessary by prior operating experience.
1910.119(j)(4)(iv)

The employer shall document each inspection and test that
has been performed on process equipment. The documentation shall
identify the date of the inspection or test, the name of the person who
performed the inspection or test, the serial number or other identifier
of the equipment on which the inspection or test was performed, a
description of the inspection or test performed, and the results of the
inspection or test.
..1910.119(j)(5)

1910.119(j)(5)

Equipment deficiencies. The employer shall correct
deficiencies in equipment that are outside acceptable limits (defined by
the process safety information in paragraph (d) of this section) before
further use or in a safe and timely manner when necessary means are
taken to assure safe operation.
1910.119(j)(6)

Quality assurance.
1910.119(j)(6)(i)

In the construction of new plants and equipment, the
employer shall assure that equipment as it is fabricated is suitable for
the process application for which they will be used.
1910.119(j)(6)(ii)

Appropriate checks and inspections shall be performed to
assure that equipment is installed properly and consistent with design
specifications and the manufacturer's instructions.
1910.119(j)(6)(iii)

The employer shall assure that maintenance materials, spare
parts and equipment are suitable for the process application for which
they will be used.
1910.119(k)

Hot work permit.
1910.119(k)(1)

The employer shall issue a hot work permit for hot work
operations conducted on or near a covered
process.
..1910.119(k)(2)

1910.119(k)(2)

The permit shall document that the fire prevention and
protection requirements in 29 CFR 1910.252(a) have been implemented
prior to beginning the hot work operations; it shall indicate the
date(s) authorized for hot work; and identify the object on which hot
work is to be performed. The permit shall be kept on file until
completion of the hot work operations.
1910.119(l)

Management of change.
1910.119(l)(1)

The employer shall establish and implement written
procedures to manage changes (except for "replacements in kind") to
process chemicals, technology, equipment, and procedures; and, changes
to facilities that affect a covered process.
1910.119(l)(2)

The procedures shall assure that the following
considerations are addressed prior to any change:
1910.119(l)(2)(i)

The technical basis for the proposed change;
1910.119(l)(2)(ii)

Impact of change on safety and health;
1910.119(l)(2)(iii)

Modifications to operating procedures;
1910.119(l)(2)(iv)

Necessary time period for the change; and,
1910.119(l)(2)(v)

Authorization requirements for the proposed
change.
1910.119(l)(3)

Employees involved in operating a process and maintenance
and contract employees whose job tasks will be affected by a change in
the process shall be informed of, and trained in, the change prior to
start-up of the process or affected part of the
process.
..1910.119(l)(4)

1910.119(l)(4)

If a change covered by this paragraph results in a change in
the process safety information required by paragraph (d) of this
section, such information shall be updated accordingly.
1910.119(l)(5)

If a change covered by this paragraph results in a change in
the operating procedures or practices required by paragraph (f) of this
section, such procedures or practices shall be updated
accordingly.
1910.119(m)

Incident investigation.
1910.119(m)(1)

The employer shall investigate each incident which resulted
in, or could reasonably have resulted in a catastrophic release of
highly hazardous chemical in the workplace.
1910.119(m)(2)

An incident investigation shall be initiated as promptly as
possible, but not later than 48 hours following the incident.
1910.119(m)(3)

An incident investigation team shall be established and
consist of at least one person knowledgeable in the process involved,
including a contract employee if the incident involved work of the
contractor, and other persons with appropriate knowledge and experience
to thoroughly investigate and analyze the incident.
1910.119(m)(4)

A report shall be prepared at the conclusion of the
investigation which includes at a minimum:
1910.119(m)(4)(i)

Date of
incident;
..1910.119(m)(4)(ii)

1910.119(m)(4)(ii)

Date investigation began;
1910.119(m)(4)(iii)

A description of the incident;
1910.119(m)(4)(iv)

The factors that contributed to the incident;
and,
1910.119(m)(4)(v)

Any recommendations resulting from the
investigation.
1910.119(m)(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.
1910.119(m)(6)

The report shall be reviewed with all affected personnel
whose job tasks are relevant to the incident findings including contract
employees where applicable.
1910.119(m)(7)

Incident investigation reports shall be retained for five
years.
..1910.119(n)

1910.119(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. 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).
1910.119(o)

Compliance Audits.
1910.119(o)(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.
1910.119(o)(2)

The compliance audit shall be conducted by at least one
person knowledgeable in the process.
1910.119(o)(3)

A report of the findings of the audit shall be
developed.
1910.119(o)(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.
1910.119(o)(5)

Employers shall retain the two (2) most recent compliance
audit reports.
..1910.119(p)

1910.119(p)

Trade secrets.
1910.119(p)(1)

Employers shall make all information necessary to comply
with the section available to those persons responsible for compiling
the process safety information (required by paragraph (d) of this
section), those assisting in the development of the process hazard
analysis (required by paragraph (e) of this section), those responsible
for developing the operating procedures (required by paragraph (f) of
this section), and those involved in incident investigations (required
by paragraph (m) of this section), emergency planning and response
(paragraph (n) of this section) and compliance audits (paragraph (o) of
this section) without regard to possible trade secret status of such
information.
1910.119(p)(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.
1910.119(p)(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.

[57 FR 23060, June 1, 1992; 61 FR 9227, March 7,
1996]

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