The Washington Department of Labor and Industries (L&I) adopted CR-103, creating a new Part B to chapter 296-67 WAC, on December 27, 2023.  Specifically applicable to petroleum refineries, Part B includes and updates existing PSM requirements as well as introduces several new requirements, some of which are expected to be onerous for refiners to implement.

The rule is similar to Cal/OSHA’s Refinery PSM Regulation, which was amended in 2019 and is one of the most protective in the country.

The final rule includes the following new requirements:

  • PSM Program. Employers must develop and maintain a written plan to provide for employee collaboration throughout all PSM processes. The refinery manager must be designated as the person with authority and responsibility for compliance with the PSM requirements.
  • Damage Mechanism Reviews (DMRs). A DMR must be completed for each existing and new process for which a damage mechanism exists. Where no DMR is performed, the rationale for determining that no damage mechanisms exist must be documented. The employer must complete no less than 50 percent of initial DMRs within three years and all remaining DMRs within five years of the effective date.
  • Hierarchy of Hazard Controls Analysis (HCA). HCAs must be updated and revalidated as standalone analyses for PSM processes at least once every five years.
  • Process Hazard Analysis (PHA). PHAs must take into account the results of any DMRs and HCAs.
  • Human Factors Program (HFP). A written HFP must be implemented within 18 months following the effective date. Employers must assess human factors in existing operating and maintenance procedures and revise them accordingly—50 percent must be completed within three years of the effective date and 100 percent within five years.  Human factors include environmental, organizational and job factors, and human and individual characteristics, such as fatigue.
  • Management Of Organizational Changes (MOOC). The employer must develop, implement and maintain written procedures to manage organizational changes, such as a reduction in staff levels or a change in shift duration. A MOOC must be done for every change with a duration exceeding 90 calendar days.
  • Root cause analysis (RCA). Employers must implement procedures for promptly investigating and reporting any incident that results in, or could have reasonably resulted in, a process safety incident. RCAs must determine the initiating and underlying causes of the incident and identify management system failures, including organizational and safety culture deficiencies.
  • Process Safety Culture Assessment (PSCA). Employers must perform a PSCA and produce a written report within 18 months of the effective date and at least every five years thereafter.

CR-103 is effective December 27, 2024, with rolling implementation dates for individual elements thereafter. For implementation deadlines applicable to specific CR-103 requirements, refer to L&I’s Implementation Dates Chart.

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