Bill Text: DE HB259 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 19 Of The Delaware Code Relating To Oil Refineries And Employment Practices.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-03-23 - Stricken [HB259 Detail]

Download: Delaware-2009-HB259-Draft.html

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SPONSOR:	Rep. Mulrooney & Rep. Longhurst & Sen. McBride & Sen. Marshall
	Rep. Kowalko

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 259

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO OIL REFINERIES AND EMPLOYMENT PRACTICES.

WHEREAS, permanent buildings (e.g. control rooms, operator shelters) located near oil refinery process areas are typically constructed to be blast and fire resistant; and

WHEREAS, in contrast, portable buildings (i.e. trailers) and tents are typically not constructed to be blast and fire resistant; and

WHEREAS, as a result of past refinery explosions and accidents involving fatalities, industry standards recommend that portable buildings and tents be sited outside of refinery blast zones and process areas; and

WHEREAS, the General Assembly believes the placement of portable buildings and tents in close proximity to process areas exposes refinery workers to extreme danger in the event of fire, explosion or toxic release; and

WHEREAS, the purpose of this Act is to reduce the health risks posed to refinery personnel from potential explosions, fires and toxic release hazards.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Chapter 7, Title 19 of the Delaware Code by adding a new "Subchapter V." thereto as follows:

"Subchapter V.Refineries; workplace safety requirements.

§736.Definitions.

For purposes of this subchapter:

(1)‘Covered process area' means any area within an oil refinery that contains materials having the potential for an explosion, fire or toxic release.

(2)‘Intended for occupancy' means a portable building used or intended for use by employees, subcontractors or independent contractors as an office, training room, orientation room, lunch or meal room, employee lounge or break room, conference room,laboratory, change house or maintenance shop.

(3)‘Portable building' means any trailer, semi-trailer or other permanent or temporary structure that can be easily moved from one location to another within a refinery, regardless of the length of time such structure is, or has been, kept at a site.

(4)‘Refinery' means any industrial plant, regardless of capacity, which refines crude oil, including condensate and natural gasoline, into petroleum products.

(5)‘Tent' means any temporary or permanent cover, shelter, enclosure or other structure consisting of fabric, canvas or other material stretched over a supporting framework of poles.

§737.Portable buildings; prohibitions and requirements.

(a)No employer operating a refinery shall locate, place, maintain or site any portable building intended for occupancy within 1500 feet of a covered process area.

(b)No employer operating a refinery shall locate place, maintain or site any portable building intended for occupancy within 100 feet of the pathway or potential pathway of any piece of refinery operating equipment.

(c)Any portable building intended for occupancy shall be capable of being sealed from toxic liquid and/or gas releases and outside weather.

(d)Any portable building intended for occupancy shall be maintained at a temperature which is safe to the human body, not to be less than 45 nor more than 80 degrees Fahrenheit.

§738.Tents; prohibitions and requirements.

(a)No employer operating a refinery shall locate, place, maintain or site any tent intended for occupancy within 250 feet of a covered process area.

(b)No employer operating a refinery shall locate place, maintain or site any tent intended for occupancy within 100 feet of the pathway or potential pathway of any piece of refinery operating equipment.

(c)Any tent intended for occupancy shall be capable of being sealed from toxic liquid and/or gas releases and outside weather.

(d)Any tent intended for occupancy shall be maintained at a temperature safe to the human body, not to be less than 45 nor more than 80 degrees Fahrenheit.

§739.Penalties.

Any employer operating a refinery who violates the provisions of §737 or §738 of this Subchapter shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 per violation.For purposes of this section, each portable building unlawfully placed in a covered process area shall constitute a separate violation.".

Section 2.The provisions of this Act shall be liberally construed to achieve its remedial purpose.

Section 3.If any provisions of this Act or the application thereof is held invalid, such invalidity shall not affect the other provisions of this Act which can be given effect without the invalid provision or application, and, to that end, the provisions of this Act are declared to be severable.

Section 4.The Department of Labor shall promulgate regulations to implement the provisions of this Act.

SYNOPSIS

This Act prohibits refineries from placing trailers and other temporary structures intended for use by employees within 1500 feet of refinery process areas and blast zones.Industry standards (American Petroleum Institute Recommended Practice 753) recommend that such buildings be placed outside of process areas because such of building provide inadequate protection for employees in the event of an explosion, fire or toxic release.This Act expands API Standard 753 to include tents and other lightweight fabric enclosures because such enclosures provide even less protection to employees in the event of an emergency.The Act also requires that all portable buildings intended for occupancy by employees be capable of being sealed from liquid and/or toxic gas releases and outside weather and maintained at temperatures safe to the human body.