The Process Safety Grandfather Clause: There is No Shortcut to Safety
As standards and regulations continue to change in the world of process safety, some production facilities may be looking for ways to mitigate potential Occupational Safety and Health Administration (OSHA) violations. If your facility hasn’t modified its system and it has been running safely for a while, it should still be safe and compliant – right? This is where the ‘Grandfather Clause’ comes into play.
Essentially, the Grandfather Clause allows production facilities – those that are in good standing with OSHA regulations and with no modifications to their system – a small grace period to update their systems when new requirements are derived from new safety standards. Their system is ‘grandfathered in’ because they met the previous standards. This is to protect production facilities who were in good standing from getting a violation when a new standard is implemented, and their system isn’t immediately within regulations. But relying on this clause is not the best way to practice process safety.
The Foundations of Process Safety
Industrial process safety is structured around two key entities: the ISA/IEC 61511 standard and the principles of Recognized and Generally Accepted Good Engineering Practice (RAGAGEP). Each plays a role in shaping safety protocols. ISA/IEC 61511 focuses on Safety Instrumented Systems (SIS) and emphasizes a performance-based approach to safety. RAGAGEP guides the application of industry-accepted safety practices, ensuring a standardized approach to safety measures.
Pitfalls of Stasis in Process Safety
There is a misconception that a ‘hands-off’ approach can preserve compliance. The thought is that if you don’t modify a system, the Grandfather Clause will protect you. However, this is a dangerous gamble.
Plant Efficiency Sacrificed
Stagnation in the name of leveraging the Grandfather Clause not only undermines safety protocols, but it also stifles innovation and operational advancements. In an industry driven by efficiency and innovation, outdated systems can become barriers to operational excellence and competitiveness. The reluctance to update or improve systems, driven by the perceived protections of the Grandfather Clause, can lead companies to forego advancements that offer enhanced safety, efficiency, and performance.
While trying to use the Grandfather Clause as a shield from the law around safety compliance, you may face worse costs than updating your system. A production accident comes with heavy price tags of all kinds that would have been better avoided.
The Catch-22 of the Grandfather Clause
OSHA also requires that production facilities provide a safe working environment, which is a part of the General Duty Clause. The grandfather clause for OSHA safety regulations in production facilities acts as a ‘catch-all,’ requiring your facility to prioritize safety by any means necessary. This means ensuring your site’s safety measures align with industry standards and are deemed reasonable by your peers.
In addition, OSHA requires that all facilities reevaluate their site every five years. This is to ensure that you’ve not missed any hazards and only applies if you don’t make any changes to your system. Reevaluations should take place with every change that is substantial enough to potentially introduce new hazards.
Safety is an everyday activity. You need to evaluate if you change the system. You need to evaluate if you don’t.
Embracing the Safety Lifecycle
A comprehensive adoption of the process safety lifecycle helps mitigate the risks associated with misinterpretations of the Grandfather Clause. Embracing the process safety lifecycle approach involves an evaluation of potential risks and the implementation of robust safety systems. This method includes conducting a thorough process hazard analysis (PHA), hazard and operability study (HAZOP), and layers of protection analysis (LOPA) to effectively identify and mitigate risks. Additionally, calculating the probability of failure on demand (PFD), performing criticality analyses, and engaging in design reviews are integral components of this safety-centric framework.
By adopting a safety lifecycle approach, production facilities can not only meet regulatory requirements, but also adhere to the latest industry best practices, setting a high standard for safety and reliability. This strategy enables organizations to design, install, and maintain effective control systems that safeguard both human lives and operational assets, fostering a culture of safety that extends beyond compliance.
The Grandfather Clause as Part of a Safety Strategy
In the end, there is no loophole or ‘get-out-of-jail-free’ card when it comes to process safety. The Grandfather Clause, when properly understood, is a component of a broader safety strategy that emphasizes continuous improvement. Genuine safety compliance prioritizes adapting and evolving safety measures that are in line with current standards and technologies.
If you’re interested in learning how to implement a culture of safety and an effective process safety lifecycle at your facility, contact our certified process safety experts today.
