§ 2762.9. Incident Investigation.
19 CA ADC § 2762.9Barclays Official California Code of Regulations
19 CCR § 2762.9
§ 2762.9. Incident Investigation.
(d) An incident investigation team shall be established and shall, at a minimum, consist of a person with expertise and experience in the process involved, a person with expertise in the owner or operator's root cause analysis method, and a person with expertise in overseeing the investigation and analysis. The owner or operator shall provide for employee participation in this process, pursuant to section 2762.10. If the incident involved the work of a contractor, an employee and employee representative of that contractor, if applicable, shall also be included on the investigation team.
(g) The incident investigation team shall develop recommendations to address the findings of the investigation. Recommendations shall include interim actions that will reduce the risk of a recurrence or similar incident until final actions can be implemented. For recommendations that result from the investigation of a major incident, an HCA shall be performed pursuant to section 2762.13. The owner or operator shall append the HCA report to the final investigation report.
(h) The owner or operator shall submit a written report for major incidents to the UPA within 90 calendar days of the incident, unless the owner or operator can demonstrate that additional time is needed due to the complexity of the investigation. In such cases the owner or operator shall prepare a status report within 90 calendar days of the incident and every 30 calendar days thereafter until the investigation is complete. The owner or operator shall submit a final report within five (5) months of the incident.
(k) The report shall be provided to and, upon request, reviewed with employees whose job tasks are affected by the incident. Investigation reports shall also be made available to all operating, maintenance, and other personnel, including employees of contractors where applicable, whose work assignments are within the facility where the incident occurred or whose job tasks are relevant to the incident findings. Investigation reports shall be provided upon request to employee representatives, and where applicable, contractor employee representatives.
(l) The owner or operator shall follow the corrective action work process documented in subsections 2762.16 (d) and (e), when resolving the investigation team's findings and recommendations, determining action items for implementation, tracking to completion, and documentation of closeout. The corrective action plan shall include review, and revalidation as necessary, of the appropriate portions of all relevant PHAs and DMRs.
(n) If the UPA chooses to perform an independent Process Safety Culture Assessment (PSCA), Incident Investigation, evaluation of the ARP management system or Human Factors Analysis after a major incident pursuant to section 2775.2.5, the owner or operator shall assist the UPA in conducting the independent analysis.
Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; Section 25531, Health and Safety Code; and Section 68.81, Part 68, Title 40, Code of Federal Regulations.
1. New section filed 8-3-2017; operative 10-1-2017 (Register 2017, No. 31).
This database is current through 9/15/23 Register 2023, No. 37.
Cal. Admin. Code tit. 19, § 2762.9, 19 CA ADC § 2762.9
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