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Home My WebLink AboutMINUTES - 05251999 - D4 DA TO: BOARD OF SUPERVISORS FROM: William Walker,M.B.,Health Services Director Centra I Costa DATE: May 19,1994 County SUBJECT: Tosco Safety Evaluation Follow Up and Phase 11 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Accept the report on the follow up of Phase I of the Tosco Avon Management Systems and Safety Evaluation and the scope of Phase II of the evaluation. BACKGROUND: On February 23, 1999, an accident occurred at the Tosco San Francisco Area Refinery at Avon where four people died and another person was seriously injured. On February 27, 1999, the Board of Supervisors asked the Tosco Avon management to shut down the refinery to perform a safety evaluation of the refinery. On March 2, 1999 the Chief Executive Officer, Thomas O'Malley agreed to stand down the refinery, while a safety evaluation was performed. On March 16, 1999, the Board of Supervisors approved a scope of work, third party participation, and public participation for this evaluation. Arthur D. Little, Inc. performed the evaluation with three public meetings and presented their report on the findings and recommendations to the Board of Supervisors on April 27, 1999. On April 27, 1999, the Board of Supervisors asked that HealthServices report within thirty days on the follow up from the Arthur D. Little report and the scope of phase II of this evaluation. FISCAL IMPACT: The costs for the follow up evaluation by Arthur D. Little will be charged to Tosco. The Health Services time will be paid for from the California Accidental Release Prevention Program Industrial Safety Ordinance fees. ti SNTINt M` 3t+i ATTACHMENT: YES SIGNATURE: {' a 11�ad RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE_(S): ACTION OF BOARD ON £� � ''�' APPROVED AS RECOMMENDED _OTHER X' SEF ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT.: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Lem a ca=� 616-2286 Contact Person: r CC: Health Services Administration ATTESTED f ` PHIL 13AT LLOR C�I KOF TH�OF SUPERVRS AND COUNTY ADMINISTRATOR BYe-5-r-4 ks^` f a�'i',� ,DEPUTY y E ADDENDUM TO ITEM DA May 25, 1999 On this date,the Board of Supervisors considered the report on the follow up of Phase I of the Tosco Avon Management Systems and Safety Evaluation and the scope of Phase II of the evaluation. No requests to speak were received from the public on this matter. After consideration and discussion,the Board took the fallowing actions: 1. AMENDED the Phase II evaluation bulleted item on page 3 of the report entitled Mechanical Integrity by adding the specific inclusion of"written work procedures and approvals that are reportable regarding the computerization of the refinery" ; 3. ACCEPTED the report as amended; 2. DIRECTED that the Health Services Director return to the Board in 64 days with an updated status report. CONTRA COSTA HEALTH SERVICES TO: BOARD OF SUPERVISORS FROM: WILLIAM R.WALKER,M.D. SUBJECT: TOSCO AVON MANAGEMENT SYS"T"EMS AND SAFETY EVALUATION DATE: 05/19/99 CC: LEWIS G.PASC:ALL I,JR.,RANDAI L L.SAWYER. Background: On February 23, 1999, an accident occurred at the Tosco San Francisco Area Refinery at Avon in which four people died and another person was seriously injured. On February 27, 1999,the Board of Supervisors asked the Tosco Avon management to shut down the refinery to perform a safety evaluation there. On March 2, 1999, Tosco Chief Executive Officer Thomas O'Malley agreed to "stand down" the refinery while a safety evaluation was performed. On March 16, 1999,the Board of Supervisors approved a scope of work, third party consultants, and public participation for Phase I of this evaluation. Arthur D. Little, Inc. performed the evaluation and reported on their progress at three public meetings, and presented their report on the findings and recommendations to the Board of Supervisors on April 27, 1999.At that time,the Board of Supervisors asked that Health Services report within thirty days on the follow up to the Arthur D. Little report and the scope of phase II of this evaluation. Health Services is now completing our investigation of the incident. I expect our report, including a root cause analysis,will be issued at the end of May. Follow-up to the evaluation: Health Services is working with Arthur D. Little to review the Tosco Avon action plan for addressing the consultants' recommendations. Health Services has asked for monthly updates on the progress of the action plan and will verify this progress, Health Services will also send the monthly updates to Arthur D.Little for their review. The scope of work for the evaluation that was approved by the Board of Supervisors on March 16 included a follow-up evaluation by a third party consultant. Arthur D. Little has agreed to do this follow-up evaluation. They will bring a team on site to determine that the recommendations in their report are being addressed. The follow-up evaluation will include a public participation process similar to the original evaluation. A new contract will be written between the County and Arthur D. Little for this work. In consultation with them, we propose a start date of late October or early November 1999. This time frame will ensure sufficient time for the recommendations to have been implemented and to have taken effect at Tosco Avon. Investigations by other agencies: As part of Cal/OSHA's incident investigation, the agency is doing an audit of some process safety management elements at the unit where the fire occurred 1 on February 23. Cal/OSHA is also looking at some of those elements at the Tosco Rodeo refinery crude unit. The Chemical Safety and Hazard Investigation Board's draft investigation report, including a root cause analysis, is expected to be issued in July 1999. Phase 11 of the Evaluation: The evaluation by Arthur D. Little was considered to be phase I of the safety evaluation of the Tosco Avon refinery. Health Services is recommending that phase 11 of the evaluation be the audit/inspection by Health Services that is part of the California Accidental Release Prevention Program and the Industrial Safety Ordinance. Below is a description of our recommendation. The order of activities follows State law and the County ordinance. 1) By June 21, 1999, Tosco Avon will submit its Rask Management Plan to Health Services. This plan will include a summary of the facility's hazard analysis, emergency response, and prevention programs, including the management systems in place for the prevention programs. We will review this plan and if there are deficiencies, will issue a Notice of Deficiencies to Tosco, Tosco will have sixty to ninety days to make corrections in its plan. After all of the deficiencies have been corrected,Health Services will state that the plan is complete. 2) On or before January 16, 2000, Tosco Avon will submit its Safety Plan as rewired by the Industrial Safety Ordinance. We will review this plan and, when the review process is complete and deficiencies(if any)have been corrected,will accept the plan as complete. 3) Health Services will submit both the Risk Management and Safety flans for public comment and hold a public meeting to discuss the plans and the different programs, answer questions, and receive comments. The public comment period will be forty-five days. We believe that both the Risk Management Plan and the Safety Plan reviews, including correction of any deficiencies by Tosco, will be completed at about the same time and that a public meeting on both of them together will be most productive. 4) Health Services will then do an audit/inspection of the refinery to ensure compliance with both the California Accidental Release Prevention Program and the Industrial Safety Ordinance. We will expand our audit/inspection to include the Tosco Avon action plan developed to address the Arthur D. Little recommendations. The audit/inspection will be an in-depth evaluation, which goes beyond the management systems, safety culture, and human factors that were evaluated by Arthur D. Kittle. This audit/inspection will look at the policies and procedures that are in place to implement both the California Accidental Release Prevention Program and the Industrial Safety Ordinance. We will review the documentation and interview operators, mechanics, contractors, staff, and management personnel to ensure that the policies and procedures are being implemented. . The audit/inspection will include a full process safety management evaluation, which includes the following prevention elements: • Process Safety Information + Process Hazard Analysis « Operating Procedures 2 • Training • Mechanical Integrity (includes review of Tosco's procedures and recordkeeping for equipment maintenance and inspection • Management of Change Pre-Startup Review • Compliance Audits • Incident Investigation Employee Participation Hot Work Permit • Contractors (includes review of Tosco's policies and procedures to ensure contractor competence and safe practices). The refinery is required by state and federal law to have a management system in place to manage these prevention elements. In addition, the audit/inspection will include the refinery's emergency response program. 5) The preliminary audit/inspection report will be issued for a forty-fiveday public comment period and a public meeting will be held to discuss the preliminary report and receive comments from the public. Health Services will then issue a final audit/inspection report. I believe that that the Phase 11 process outlined above will encompass all of Tosco Avon's safety and accident prevention programs, including the manner in which they are implemented. 3