(a) The owner or operator shall develop a written plan of action regarding the implementation of the employee participation requirements required by this section.

(1) An annual written or electronic notice shall be distributed to employees and their representatives indicating that the plan is readily available to view, and how to access the information.

(2) Training shall be provided as often as necessary to ensure employees and their representatives, and management involved in the process, are informed of the details of the plan.

(b)(1) The owner or operator shall develop and implement a process to allow employees and their representatives to report to either or both the owner or operator and EPA unaddressed hazards that could lead to a catastrophic release, accidents covered by § 68.42(a) but not reported under § 68.195(a), and any other noncompliance with this part.

(2) The employee and their representatives may choose to report either anonymously or with attribution.

(3) When a report is made to the owner or operator, a record of the report shall be maintained for three years.

(c) The owner or operator shall provide to employees and their representatives access to hazard reviews and to all other information required to be developed under this subpart.

[89 FR 17688, Mar. 11, 2024]