1. (a) In consultation with employees and employee representatives, the owner or operator shall develop, implement and maintain a written plan to effectively provide for employee participation in Accidental Release Prevention elements, as required by this Article. The plan shall include provisions that provide for the following:

   1. (1) Effective participation by affected operating and maintenance employees and employee representatives, throughout all phases, in performing PHAs, DMRs, HCAs, MOCs, MOOCs, Process Safety Culture Assessments (PSCAs), Incident Investigations, SPAs, and PSSRs;
   2. (2) Effective participation by affected operating and maintenance employees and employee representatives, throughout all phases, in the development, training, implementation and maintenance of the Accidental Release Prevention elements required by this Article.
   3. (3) Access by employees and employee representatives to all documents or information developed or collected by the owner or operator pursuant to this Article, including information that might be subject to protection as a trade secret;
   4. (4) With respect to employee participation in Accidental Release Prevention element activities required by this Article, the owner or operator will allow for “effective participation” by employees in such activities if it provides advance notice of each such Accidental Release Prevention element activity and considers input provided by individuals participating in each such activity, including the employee representative. If the requisite advance notice is provided as specified above, owner or operator shall not be required to delay any Accidental Release Prevention element activity due to the failure by a union, or employees in the absence of a union, to select an employee representative, or the failure of a selected employee representative to participate in the noticed activity. Nothing in this subsection shall be construed to require an owner or operator to accept recommendations or findings of employee representatives.
2. (b) . The written employee-participation plan will determine how employees are selected to participate in overall Accidental Release Prevention program development and implementation planning and to participate in Accidental Release Prevention teams and other activities, pursuant to this Article. Any such employees shall be on-site and qualified for the task for which they are selected and shall be subject to all provisions of 5110.13(a).
3. (c) Where employees are not represented by an authorized collective bargaining agent, the owner or operator shall establish effective procedures in consultation with employees for the selection of employee representatives.
4. (d) Nothing in this subsection shall preclude the owner or operator from requiring an employee or employee representative to whom information is made available under subsection 5110.13(a)(3) to enter into a confidentiality agreement prohibiting him or her from disclosing such information.

Note: Authority cited: Sections 25531, 25533 and 25534.05, Health and Safety Code. Reference: Sections 25531 and 25531.2, Health and Safety Code; and Section 68.83, Part 68, Title 40, Code of Federal Regulations.

History

1. Change without regulatory effect renumbering section 2762.10 to new section 5110.13, including amendment of subsection (d), filed 3-6-2024 (Register 2024, No. 10).

2. Amendment of subsection (a)(2), new subsection (a)(4), amendment of subsection (b) and amendment of Note filed 4-10-2026; operative 7-1-2026 (Register 2026, No. 15).