(108d) Its Coming Right for Us! What to Expect and How to Prepare for the Chemical NEP

On July 27, 2009 OSHA published Directive 09-06 (CPL 02), PSM Covered Chemical Facilities National Emphasis Program. This instruction, which follows the agency's process safety emphasis program for petroleum refineries, details the agency's plans to conduct programmed inspections at chemical facilities covered by the PSM Standard. Although the first year of Chemical NEP is only applicable to non-VPP facilities in Regions 1, 7, and 10, it is anticipated that OSHA will extend the NEP program nationwide to possibly 15,000 facilities total. Most importantly, the Chemical NEP will be used to conduct unprogrammed inspections of workplaces in response to PSM-related complaints, referrals, accidents or catastrophes even in regions not covered by the pilot. For these reasons, it is important for line managers and health and safety professionals to be familiar with this OSHA instruction. This paper presents both a technical and legal perspective on the Chemical NEP, makes the business case for preparing enterprise-wide for the Chemical NEP, and presents a practical strategy that corporations can utilize in anticipation of an OSHA Chemical NEP inspection.