OS&H inspection practices in major hazard chemical installations

OS&H inspection practices in major hazard chemical installations
France inspection systems Hervé JANIAUT WORKSHOP ON WORK SAFETY RESPONSIBILITY SYSTEMS WITHIN OSH INSPECTION SYSTEMS 15 – 16 APRIL, 2014, BEIJING 22/04/2017 inspections in chemical hazard installations

inspections in chemical hazard installations
Labour inspection General introduction 22/04/2017 inspections in chemical hazard installations

Labour inspection rights and obligation In France, Labour inspection is a “generalist labour inspection”. This system offers the most extended missions covering all the labour law regulations: occupational safety and health, working conditions at work place, individual and collective work relations, employment and vocational training promotion, social dialogue, social insurance... 22/04/2017 inspections in chemical hazard installations

National Level Working Condition Committee In the field of OSH, the Working Condition Committee aims to: To review progress, suitability and effectiveness of the regional inspectorate mainly based on the inspection visits; To establish the National OSH policy; To promote OS&H and to set up national priorities for the inspection program A commission is dedicated to chemical risk prevention This council, chaired by the Ministry of Labour, is composed of the Ministry of Labour, national worker’s representatives organizations, national employer’s representatives organizations, representatives of health associations specialized in OSH, representatives of OSH institutes and state administrations 22/04/2017 inspections in chemical hazard installations

National Level Based on the Working Condition Committee decisions, The General Labour Directorate within the French Ministry in charge of Labour, mainly aims to: Set objectives; Establish national inspection programmes and priorities; Coordinate the Labour Inspection services; Develop the social dialogue; Contribute to the definition and adoption of national indicators Establish a national structured information system( Intranet Site), and Provide Labour Inspectors with methodological tools, technical and legal supports 22/04/2017 inspections in chemical hazard installations

Regional Level 26 Regional levels The regional level monitors the Labour Policy at a regional level by providing technical assistance to Inspection sections through multidisciplinary teams including OS&H Engineers (65), occupational doctors (42) and legal and technical assistants (96) This regional level is also composed of 102 Local Labour Offices located in the main towns of each department 783 “inspection sections” with 2,200 Labour Inspectors divided into 767 Labour Inspectors and 1,423 assistant Labour Inspectors (to control companies with under 50 workers) Data 2011 22/04/2017 inspections in chemical hazard installations

Regional Level At the regional level Labour inspection could also set up a regional inspection programme in addition to the National inspections programme A Labour Inspector should realize at least 200 checks or investigations each year and dedicate 50% of her / his activity to national or regional priorities (OS&H, illegal work…). The number of enterprises under the control of the Labour Inspectorate is about 1.82 million with million workers. So an “inspection section” has, on average, 2,450 enterprises, which employs 25,000 workers, to be controlled. Data 2011 22/04/2017 inspections in chemical hazard installations

Regional Level At local level, Labour inspectors are managed by a local level director and deputy directors (1 deputy director for 15/20 labour inspectors on average). Each labour inspector shall be accountable on a monthly basis for her / his activity and performance (national data system). Labour Inspectors are independent in their duties, therefore a director, at any level, can’t force them to control or not control a company, to send or not send a report to a prosecutor after an inspection or a workplace accident investigation Labour inspection works under the ILO Convention 81 Data 2011 22/04/2017 inspections in chemical hazard installations

OS&H Inspection practices The primary responsibility of labour inspectors is Labour law enforcement, i.e. ensuring compliance with rules and regulations. Evolution  OSH inspectors have to balance the dual functions of enforcing the law and providing advice and information. 22/04/2017 inspections in chemical hazard installations

Labour inspection In chemical sector 22/04/2017 inspections in chemical hazard installations

EU legal frame for the chemical sector 22/04/2017 inspections in chemical hazard installations

Pollution and nuisances
Installations IED directive Pollution and nuisances CLP CLP Noise Vibration REACH / CLP regulations Ground Water Air Odours REACH / CLP regulations Substances on the market Prevention principle Directive Substances / Products Clean/safe processes Hommes Mission Products CMR, CA Directives ATEX Directive Waste Transportation regulations Waste directives SEVESO directives Major accidents 22/04/2017 inspections in chemical hazard installations

Labour inspection and installations with major accident risks in chemical sector SEVESO III Directive 2012/18/EU 22/04/2017 inspections in chemical hazard installations

Legal frame SEVESO III art 20 The Competent Authority organises a system of inspections appropriate to the type of establishments concerned and not dependent on the receipt of a safety report or other report submitted. Inspections are planned as a systematic examination of the systems (technical, organisational, managerial) to ensure that: The operator can demonstrate that he has taken all appropriate measures to prevent major accidents at his establishment and to limit their consequences (on-site and off-site) The data/information contained in the safety report or any other report submitted, adequately reflect the conditions in the establishment The public has been informed. 22/04/2017 inspections in chemical hazard installations

The inspection plan has to include the following: A general assessment of relevant safety issues; The geographical area covered by an inspection plan; A list of establishments covered by the plan; A list of groups of “Domino-Effect” establishments; A list of establishments where particular external risks or hazard sources could increase the risk of consequences of a major accident; Procedures for routine and non-routine inspections, including the inspection program; Provisions on the co-operation between different inspection authorities. 22/04/2017 inspections in chemical hazard installations

SEVESO inspections SEVESO III Art 20 Minimum criteria for such a systematic appraisal of major accident hazards: The potential impacts of the establishment concerned on human health and environment; The record of compliance with the requirement of the SEVESO Directive; Where appropriate, relevant findings of inspections carried out under other EU legislation shall be taken into account (e.g. an Environmental Inspection according to the Industrial Emission Directive) The period between two consecutive site visits shall not exceed one year for installations with the highest level of risk 22/04/2017 inspections in chemical hazard installations

Non-routine inspections as soon as possible to investigate: serious complaints serious accidents and “near misses” incidents and occurrences of non-compliance. Inspection Report and follow-up: within 4 months of each inspection, The competent authority has to: communicate the conclusions of the inspection and all necessary actions identified to the operator; ensure that the operator takes all the necessary actions within a reasonable period after receipt of the communication. 22/04/2017 inspections in chemical hazard installations

SEVESO inspections 22/04/2017 inspections in chemical hazard installations

Installations with major accident risks
Enforcement and implementation of SEVESO III An authorisation is required for installations that may cause hazards or significant environmental impacts.. Operator (management) must apply for an authorisation demonstrating the acceptability of the risk before starting operations, or after start-up after emergency shut down or after accident. *in France: > 670 sites so-called “upper-tiers” including 23 gas storage, and around 550 sites low-tiers 22/04/2017 inspections in chemical hazard installations

The need for an OPERATING PERMIT is indicated by a radius of public notification, i.e. the minimum radius of public notification to be complied with for public enquiry is 1 kilometre around the installation. Process can take 6 months or much more (1 year or more according to the process and the environmental context) 22/04/2017 inspections in chemical hazard installations

can specify either prohibitions or limitations on operating a process by the operators or to occupy or use the ground, measures to support the execution of works or to build up the installation regarding specific processes, obligations for operators (maintenance, training for example) 22/04/2017 inspections in chemical hazard installations

safety chemical hazardous parts I & II
Installations with major accident risks SEVESO III Directive 2012/18/EU The operator has to fulfil at least, the following requirements Regular inventory of products; Definition and production of the content of the Hazard Study; Establishment of a safety management system, part of the overall management system, for controlling major accident hazards; Definition and application of a policy for preventing major accidents; Maintaining the hazard level over time; Providing information to the neighbouring and local population. 4/22/2017 safety chemical hazardous parts I & II

Responsibility of the operator The operator should be able to demonstrate the relevance of the safety management system (SMS) with regard to process hazard analysis and how general principles of prevention are applied to reduce the risk 22/04/2017 inspections in chemical hazard installations

The enforcing authorities Inspection of classified installation (ICI) on behalf of the Ministry in charge of the environment, is the sole responsible authority to deliver the operating permit and deal with environment issues The Labour Inspection (LI) on behalf the Ministry in charge of Labour and Social Affairs on Labour issues including OSH Labour Inspection receives all the up-to-date lists of classified installations from the ICI 22/04/2017 inspections in chemical hazard installations

Involvement of the two enforcement authorities The objective is to achieve better risk control by operators, to protect both workers and the environment, under the control of enforcement authorities . Operator shall Analyse the risks of accidents that harm people and the environment inside and outside the installation in order to reduce the risks at source; Establish consistency between the documents comprising the application for authorization to operate a classified installation; Therefore, the actions of the two inspection bodies concerned, work within the same logic of complementarity and consistency. Interactions between occupational hazards and major technological risks will therefore be a dialogue between the two inspections to verify the consistency of the approach of the operator. 22/04/2017 inspections in chemical hazard installations

Role of the Labour Inspection For an operating permit, the Inspection of classified installations formally asks the LI to scrutinize the notice related to the hygiene and occupational safety, to check the legal and regulatory requirements. Labour inspection has To analyse: the risk of fire, the risk of explosion and the risk of release of hazardous substances; To consider the consistency of the risk assessment; To ensure compliance with the information and consultation procedure of representatives of workers and safety committee; And of course to perform other tasks not only focusing on OSH and covering e.g. legislative controls on tax, training, social work… 22/04/2017 inspections in chemical hazard installations

22/04/2017 inspections in chemical hazard installations

safety chemical hazardous
At the Regional level Industrial Risks and Health Committee with participation of both inspections (ICI & LI) as a coordination structure bring together administrations as well as external duty holders (departmental councilors, mayors, persons appointed due to their competence – occupational physicians for example – representatives of the professional sector etc.) under the authority of the prefect or his representative. contribute to the creation, implementation and follow-up of National policies in the domains of OSH, environmental protection, sustainable management of natural resources and prevention of technological risks issue opinions on draft regulations and individual acts in terms of classified installations. It makes it possible to get opinions outside the administration and initiate dialogue on the project under consideration safety chemical hazardous

Who may monitor the classified installations on OSH? Labour Inspection Labour inspection and Inspection of classified installation (ICI) within a joint inspection Non-inspectors can participate (OSH engineer or expert appointed by the enforcement authority for example to verify the electrical installation); A laboratory can be contracted by the competent authority to carry out sampling and analyses of one or several specific elements of the installation. These analyses are paid for by the operator. 22/04/2017 inspections in chemical hazard installations

Who may monitor the classified installations? Laboratories are approved by the Ministry in charge of Environment. The Inspectors and the laboratory can intervene on site simultaneously or separately. These inspections do not avoid the self-monitoring process performed by the operator; The results, with commentary on compliance with the limit values applicable to the installation, must be sent to the ICI and the Labour Inspection. 22/04/2017 inspections in chemical hazard installations

What are the different types of inspection? Inspections can be classified according to different purposes Classification according to the operator’s level of information Announced: in writing informing the operator at least 48 hours in advance; Unannounced: the inspector arrives on site without initially informing the operator. Classification according to the purpose of the on-site inspection In order to adapt the inspection to the context of the installation, it can be: targeted: the objective of the inspection is to analyse one or several parameters or workshops of the classified installation (for example use of CMR); 22/04/2017 inspections in chemical hazard installations

What are the different types of inspection? Classification according to the purpose of the on-site inspection general: the inspection will review all operating conditions and compliance with operational requirements as set up in the operating permit. Depending on the level of detail expected, the inspection can be : in-depth: requiring detailed preparation; general: does not require extensive preparation, only the inspector’s normal knowledge of the site (installations, administrative context, observations resulting from previous inspections etc.) ; limited: this is a site inspection which only relates to a limited and targeted number of controls. 22/04/2017 inspections in chemical hazard installations

What are the different types of inspection? Classification according to the nature of the inspection Inspections can be: scheduled: programmed as part of an annual or multi-year planning process; according to national priorities and regional issues; occasional: unplanned within the inspection programme and initiated by an event which was difficult to foresee (complaint, request from a third party, consequence of a formal notice to comply, accident, closure of activity etc.). 22/04/2017 inspections in chemical hazard installations

In conclusion 3 main types of inspections Routine (or regular or standard) inspection visits => to check compliance with the law and advise enterprises on how to comply with legal provisions. Follow-up visits => to determine the extent to which the enterprise has responded to the outcome of an earlier routine visit. Re-active Inspections may be in response to, or investigation of a specific complaint from a worker in an enterprise or from the public, or investigating a particular problem after an accident. Such visits relate to a specific issue and to the collation of information to aid decision making on that issue. 22/04/2017 inspections in chemical hazard installations

When is the inspection carried out ? At least once a year in the installations classified with the highest potential risks, called “priority” installations (SEVESO requirement) ; National and regional level priorities; Monitoring analysis inspection can be carried out if results are up to the prescriptive limit value set in the operating permit; In case of accidents, complaints… 22/04/2017 inspections in chemical hazard installations

Planning inspection visits Planning can involve: National priorities; Taking stock of the existing situation; Setting objectives for improving working conditions or enforcement of chemical law and regulation at regional level; Fixing targets reflecting the results to be achieved; Setting standards indicating the quality of outputs to be achieved; …. Needs an action plan (who will do what and when), and a work program 22/04/2017 inspections in chemical hazard installations

How to prepare for the onsite inspection? Collecting background information Inspectors check files and records on the enterprise to be inspected, concerning for example: Location of the enterprise and the name of the contact person; Number of workers, number of women workers, young workers, apprentices; Nature of the work process and its final products and services; Raw materials and equipment used, particularly if chemicals are involved; Previous violations of the law and the action taken; 22/04/2017 inspections in chemical hazard installations

How to prepare for the onsite inspection? Collecting background information cont. Employer’s general attitude to the inspectorate (hostile, indifferent, cooperative); Work accidents and diseases over the last five years, and in particular fatalities; Complaint letters from workers against management, and the action taken to address complaints; Existence of a trade union in the enterprise 22/04/2017 inspections in chemical hazard installations

Prepare the on-site inspection visit Nature of the work process and its final products and services; Raw materials and equipment used, particularly if chemicals are involved  compulsory information Employers shall provide to the Competent Authority with: All relevant information regarding the chemical substances and the processes (storage, handling, production), and Justification on how to prevent and protect workers at the workplace, population and environment. 22/04/2017 inspections in chemical hazard installations

Information regarding the protection of workers According to the CMR* directive, employers shall, when requested, make available to the competent authority appropriate information on: the activities and/or industrial processes carried out, including the reasons for which carcinogens or mutagens are used; the quantities of substances or preparations manufactured or used which contain carcinogens or mutagens; the number of workers exposed; the preventive measures taken; the type of protective equipment used; the nature and degree of exposure; the cases of replacement. *carcinogenic, mutagenic and toxic for the reproduction 22/04/2017 inspections in chemical hazard installations

Joint inspection in major hazard installation The agenda of joint visits can include, without limitation, the following topics: Nature of the products and their conditions of use and storage; Inspections of electrical installations; Analysis of explosion, prevention and protection measures and maintaining them over time; Training and certification of personnel, on positions related to OS&H; Safety management system and organization of prevention, especially in case of subcontracting; Emergencies, preparedness and response. 22/04/2017 inspections in chemical hazard installations

Inspection visit Launch meeting The inspector can identify the contacts present, announce or reiterate the themes of the inspection or even identify the documents to be provided during the inspection. The inspector can also identify the documents and records to be provided during the inspection, and expressed if she or he wishes to be accompanied by a representative of management and/or of the workers*. *not only to promote cooperation between the parties (mainly management) and the inspectorate, but also to access information that might otherwise be difficult to obtain and to get answers on the spot. 22/04/2017 inspections in chemical hazard installations

Inspection visit According to her / his objectives, she / he can start The shop floor visit by following the production process, from the arrival and storage of raw material to the final product stage. While moving through the enterprise, the inspector should note the building’s condition, location of and free access to (emergency) exits, electrical wiring, general housekeeping, sanitary conditions, water outlets, fire-detection and fire-fighting equipment, internal traffic movement, including warnings of dangerous sectors, proper posting of signs, and the provision of proper fencing between work areas and traffic flow areas, and proper marking of the latter. Checklists can be very useful in this context . 22/04/2017 inspections in chemical hazard installations

Inspection visit Examination of the documents and records, e.g.: OS&H organisation and compulsory documents such as risk assessment Involvement of duty holders (Occupational physician, OS&H committee, workers’ representatives…) through written advice, signatures… Methodology, scope, definition of risk acceptance, integration of recommendation from duty holders and measures undertaken to avoid or prevent the risk… List of chemical substances and hazardous processes, MSDS… 22/04/2017 inspections in chemical hazard installations

Examination of document / records Content, pertinence and up-dating of all documents about information and training of workers (safety training before starting job, safety training at workstation and additional training for specific workers). These documents should be made for all workers concerned such as company employees, specific workers, and subcontractor’s employees; Periodicity respect of technical or regulatory controls; Existence and follow-up of regulatory non compliances and implementation of compliance programme; Monitoring system based on systematic and unannounced audits, experience feedback; Easy accessibility of information to workers; …. 22/04/2017 inspections in chemical hazard installations

Conducting inspections Key factors : The real purpose of inspection should be kept in mind; Not to be used as a tool to show superiority and position of power, or to initiate legal proceedings, or indeed to “punish”, but to ensure a fair, safe, and productive working environment; Inspection must be conducted systematically and follow a routine procedure; => see grid of control in oil refinery control grid oil refinery.doc; The employer or employer’s representative and employees should be involved during inspection, most importantly at a closing meeting; The enterprise and its working environment, not an individual employer or manager, are being inspected; The inspector, not the employer (or manager), is in charge of inspection. The inspector has the support of the law in conducting inspection. 22/04/2017 inspections in chemical hazard installations

Closing meeting Summarize the general standard of working conditions in the enterprise, including the state of housekeeping, emphasizing what is satisfactory, but clearly pointing out what needs improvement to ensure compliance with the law; Discuss the unfair, unsafe, and unhealthy or otherwise unlawful conditions observed, outlining all apparent violations and possible legal consequences; Propose priorities for improving working conditions and the working environment by identifying three or four important issues; State those measures which have to be implemented without delay; Inform the employer of the period allowed for implementing time-consuming measures; Inform those present of the role and purpose of labour inspection, indicating the services it can provide to the employer and the workers; and Present all findings in a balanced, impartial manner, highlighting also the good points … 22/04/2017 inspections in chemical hazard installations

Closing meeting The OSH inspector should clearly and objectively state what needs to be done, and the likely repercussions of failure to comply with legal provisions within a clear time-frame. “negotiated compliance “  However, if the situation warrants it, the deadline for implementing measures required or proposed by the inspector can be discussed or “negotiated” in return for the employer’s firm commitment to comply. It has to be based fully on prevailing legal standards and requirements, but it does increase the level of acceptance of measures imposed by the labour inspectorate. 22/04/2017 inspections in chemical hazard installations

After inspection visit Decide what action to take on each problem according to: the compliance to the law / regulation and what could improve the workplace situation in a sustainable manner. Where a problem relates to certain sections of the law or regulations (Labour Code or regulation), the sections should be referred to in any notification to the enterprise. Where advice or a recommendation is based on a standard or technical norm not specified by law, the distinction should be made clear; except for standards mentioned in the law that are mandatory (there are few standards). 22/04/2017 inspections in chemical hazard installations

After inspection visit For the preparation of the inspection report it may be often necessary to: Consult technical colleagues, for example inspector from classified installations and check relevant legal texts, guidelines and publications to ensure that recommendations proposed or instructions given are correct; Consult the notes taken during the inspection visit and the issues raised at the closing meeting; Re-examine the problems identified and confirm the measures and the priorities. 22/04/2017 inspections in chemical hazard installations

After inspection visit The inspector could only decide to advise on measures to better comply with the law or, if the problem is not covered by legal provisions, advise on how to improve the situation; very often by appealing to what he has already experienced in other companies. 22/04/2017 inspections in chemical hazard installations

Conclusion: OSH inspection process - Chemical plant 22/04/2017 inspections in chemical hazard installations

Non-compliance and consequences Letter of observations: observations regarding non-respect of Labour code regulation. On receipt of this letter, the operator shall confirm to the Labour Inspector that all regulations mentioned in the letter are now respected or will be respect within a certain timeline. Prescription of verifications and/or measurements Labour Inspectors may force an operator to realize verifications and/or measurements by an approved certification body or laboratory approved by the Ministry of Environment (work equipment, electrical installations, sound, hazardous products and substances, lighting, dust and fume extraction effectiveness…) 22/04/2017 inspections in chemical hazard installations

Non-compliance and consequences Formal notice procedure Only used for specific regulations on OS&H In the case of non-compliance, the Labour inspector provides a deadline (from 8 days to several weeks or months depending on the situation) to the operator to comply with the requirements of the regulations. This formal procedure notice is used before a report to a prosecutor except in a serious case of an immediate OSH risk for the workers Used for example for individual work equipment provision; work place organization, storage, circulation between workers and vehicles; general principles of prevention; sanitary facilities… 22/04/2017 inspections in chemical hazard installations

Non-compliance and consequences Report to prosecutor After his control, if the Labour Inspector considers that the situation is too serious, or if the operator has ignored the previous observations or formal procedure notice or in case of serious or mortal occupational accident, the labour inspector establishes a report to the prosecutor of Labour law for all the infringements registered during the control The Labour Inspector will provide information on the main findings of the visit to the Inspector of the Classified installation 22/04/2017 inspections in chemical hazard installations

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OS&H inspection practices in major hazard chemical installations

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