Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health
Article 12.5. Process Safety Management Program Assessment

§344.76. Process Safety Management Program Assessment.

(a) On or before November 8, 2013 and thereafter September 1 of each year, the division shall, in accordance with Labor Code section 7870, determine the total amount of funds required to support the direct and indirect expenses and cash flow requirements of the Division of Occupational Safety and Health's process safety management program for the following fiscal year. The division's process safety management program includes, but is not limited to, the provision of consultation services, conduct of inspections, and the adoption of standards. This amount shall be the process safety management assessment collected for the following year.

(b) On or before November 15, 2013 and thereafter October 1 of each year, the division shall obtain the following data from the California Energy Commission, for the prior calendar year, as reported to the California Energy Commission and the United States Energy Information Administration:

(1) the aggregate total amount of crude oil (USEIA product code 050) input to and unfinished oil (USEIA product code 812) received by all oil refineries located in the state of California, and

(2) the aggregate total amount of crude oil (USEIA product code 050) input to and unfinished oil (USEIA product code 812) received by each oil company's refinery (or refineries) located in the state of California.

(c) On or before November 22, 2013 and thereafter November 1 of each year, the division shall determine, for each oil company with an oil refinery (or refineries) located in California, the total crude oil (USEIA product code 050) input to and unfinished oil (USEIA product code 812) received by each individual oil company divided by the aggregate total amount of crude oil input to and unfinished oil received by all oil companies located in California. The result of this calculation shall be the process safety management assessment factor for that company.

(d) The process safety management assessment to be collected for each oil refinery located in California shall be determined by multiplying the total assessment amount calculated in subdivision (a) of this section by the assessment factor calculated in subdivision (c) of this section for each oil company with an oil refinery or refineries located in California.

Note: Authority: Sections 6307, 6308 and 7870, Labor Code. Reference: Sections 7855-7870, Labor Code.

HISTORY

1. New article 12.5 (sections 344.76-344.77) and section filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-28-2014 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 10-29-2013 order, including amendment of subsections (b)(1)-(c), transmitted to OAL 4-22-2014 and filed 5-14-2014; amendments effective 5-14-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 20).