The Baker Panel Report - ABSA

(7) pre-start-up safety review,(8) mechanical integrity,(9) hot work permits,(10) management of change,(11) incident investigation,(12) emergency planning and response,(13) compliance audits, and(14) trade secrets.OSHA considers its PSM standard to be a performance-oriented requirement. In other words, the PSM standard establishes specificperformance objectives. The standard largely leaves the employer to decide the means by which it will achieve compliance with theseobjectives. In this regard, many employers choose to rely on generally accepted industry practices. OSHA specifically acknowledges theexistence of certain industry standards or recommended practices. For example, the PSM standard’s Appendix D—Sources of FurtherInformation (Nonmandatory)—lists process safety information that the CCPS, 6 the API, and the American Chemistry Council have developed.OVERVIEW OF THE CLEAN AIR ACT’S GENERAL DUTY CLAUSE AND EPA’S RISK MANAGEMENT PROGRAMIn 1990, Congress amended the Clean Air Act to include what is known as a general duty clause. 7 The Act’s general duty clause requires ownersand operators of facilities producing, processing, handling, or storing a regulated substance 8 to identify hazards that may result fromaccidental releases using appropriate hazard assessment techniques; to design and maintain a safe facility, taking such steps as arenecessary to prevent releases; and to minimize the consequences of accidental releases that do occur. 9The EPA subsequently promulgated its risk management program in 1996. 10 In establishing this compliance framework, the EPA borrowedheavily from the requirements of the OSHA PSM standard.B. BP Group-Level Standards, Practices, and Expectationsfor Process SafetyBP’s 2004 Sustainability Review provides that the company seeks “to display some unchanging fundamental qualities—integrity, honestdealing, treating everyone with respect and dignity, striving for mutual advantage and contributing to human progress.” 11 To elaborate onthese principles, BP has developed “Group values” that express the company’s aspirations and are intended to guide its strategy, activities,and operations.Some of the Group values are related to health, safety, and the environment. Specifically, BP states its aim as “no accidents, no harm to people,and no damage to the environment.” John Browne, as Group Chief Executive, first articulated this commitment in a Health, Safety, andEnvironment policy document in January 1999.To achieve the Group values, BP has established Group-level requirements. Included among these are the BP Code of Conduct, getting HSEright, the BP Golden Rules of Safety, and several Group standards.BP’s HSSE Management Framework and Process Safety Related Standards C 48