OSHA REGULATIONS EMERGENCIES

CHEMICAL EMERGENCY RESPONSE STANDARDS Superfund Amendments and Reauthorization Act (SARA) was passed due to public concern about the Bhopal, India disaster of 1984 Bhopal more than 3,000 people died and thousands more were injured in a chemical accident at a Union Carbide chemical plant SARA emphasizes emergency preparedness and community right-to-know. requires that State and Local Emergency Planning Committees (LEPCs) be established. committees must draft plans for emergency response, emergency notification, and evacuation procedures. Facilities and transportation routes for extremely hazardous substances must be identified. Under this law companies must provide information to the LEPCs about chemicals they use, store, and transport. Companies are required to report accidental spills or releases IMMEDIATELY to local, state, and national agencies including EPA. Companies must also submit a list of the hazardous substances and the quantities that are routinely released into the air, water, and soil to the EPA and state officials.

HAZWOPER (q) SARA required OSHA to create health and safety regulations on chemical releases. OSHA developed 29 CFR , the Hazardous Waste Operations and Emergency Response (HAZWOPER) standard. Under HAZWOPER, companies must anticipate and plan for potential emergencies. Companies are permitted to decide whether they will have an in- house spill team. A company may decide not to have personnel respond to chemical incidents, and evacuate everyone. HAZWOPER covers three (3) categories of work operations:

HAZWOPER (q) HAZWOPER covers three (3) categories of work operations: First category, paragraphs (b)-(o) of the standard regulate those operations where responders are engaged in the cleanup of uncontrolled hazardous waste sites. These operations include those hazardous substance operations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended (CERCLA), including initial investigations at CERCLA sites before the presence or absence of hazardous substances has been determined. The second category of work operation is covered by paragraph (p) and includes those responders engaged in operations involving hazardous waste TSD facilities regulated under 40 CFR Parts 264 and 265 pursuant to the RCRA. There are certain types of employers who are exempted from paragraph (p) and these are addressed in the section covering provisions for TSD facilities. The third and final work operation category is covered by paragraph (q) and includes those responders engaged in emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard. Paragraph (q) also includes provisions for post-emergency response operations, such as performing any necessary cleanup activity.

Emergency Response Plan Employers that have responders who respond to emergencies must develop a written emergency response plan that includes the following elements: Pre-emergency planning and coordination with outside parties Personnel roles, lines of authority, training, and communication Emergency recognition and prevention Safe distances and places of refuge Site security and control Evacuation routes and procedures Decontamination Emergency medical treatment and first aid Emergency alerting and response procedures Critique of response and follow-up PPE and emergency equipment Employer who choose to evacuate employees and does not permit any employees to assist in handling the emergency, the employer is exempt from paragraph (q); however. these employers must develop an emergency action plan (EAP) for the safe evacuation of personnel and ensure that the training of employees is consistent with 29 CFR

Incident Command System Responding to an Emergency require the implementation of an incident command system (ICS). The individual in charge of the ICS is the senior official responding to the incident that oversees the coordination, direction, and actions of the response operations. ICS helps to reduce confusion, improve safety, organize and coordinate actions, and facilitates the effective management of the incident. National Incident Management System (NIMS), is consistent with compliance with using an ICS under this section of HAZWOPER. NIMS was published by the DHS on March 1, NIMS provides a consistent nationwide template for incident management that allows responders to work together more effectively. NIMS adopted the ICS, including operating characteristics, interactive management components, and structure of incident management and emergency response organizations engaged throughout the life cycle of an incident.

HAZWOPER Training Responders must be trained PRIOR to their participation in emergency response operations Training must be based on the functions and duties they will be expected to perform. Examples: If an responder is simply expected to sound the alarm upon discovery of an emergency release and evacuate from the area, the responder would be trained to the first responder AWARENESS LEVEL. If an responder who is responding initially in a DEFENSIVE MANNER for the purpose of protecting nearby persons, property, or the environment from the effects of the release, but does NOT approach the point of release, the responder would be trained to the first responder OPERATIONS LEVEL. If the responder is expected to approach the point of release for the purpose of stopping the release, the responder would minimally need to be trained to the HAZMAT TECHNICIAN LEVEL. If an responder is expected to have more direct and specific knowledge of the various hazardous substances and to assist the HAZMAT technician in the response, the responder would minimally need to be trained to the HAZMAT SPECIALIST LEVEL. Consequently, employers must evaluate the roles and tasks that responders will perform and train them appropriately.

HAZWOPER Training In addition to the training levels established in the standard for emergency responders, two additional personnel classifications are provided: Skilled support personnel (SSP) Specialist responders SSP are responders who are needed to temporarily perform immediate emergency support work (e.g., excavator operators). SSP must be provided an initial site briefing covering PPE use, the chemical hazards involved, and the tasks to be performed. Specialist responders are those who, in the course of their regular job duties, work with and are trained in the hazards of specific hazardous substances. They may be called upon to provide technical advice or assistance at a hazardous substance release incident. SSP and specialist responders are covered in paragraphs (q)(4) and (q)(5) of Required training and competencies for emergency responders is covered in paragraph (q)(6) and trainer qualifications is covered in paragraph (q)(7). Refresher training is covered in paragraph (q)(8) of the standard (see Table 2).

Trainer Qualifications Trainers who teach any of the training subjects must have Either completed a training course on the subjects they are expected to teach or They must have the training and/or academic credentials and instructional experience to demonstrate competent teaching skills. In addition, responders need not necessarily receive a certificate, but the employer must certify training with some form of documentation. Note: the HAZWOPER standard does not contain a specific certification requirement for Awareness Level training). It is considered good practice to provide responders with a training certificate as well as to document the training in the employer’s records. The employer also must document in its ERP its training plan for personnel who respond to hazardous substance incidents.

Medical Surveillance Members of organized and designated HAZMAT teams MUST receive a baseline physical examination and medical surveillance in accordance with (f). Examinations MUST be provided PRIOR to initial assignment, at least ANNUALLY thereafter, and at termination of employment. Examination MUST include a medical and work history with the actual content of medical examinations to be determined by the attending physician. Medical consultations must also be provided in cases where responders are injured or develop signs or symptoms of overexposure to health hazards. Consultations must be provided as soon as possible following an incident, and also at additional times if the physician determines that it is necessary.

PPE / PPC Designated team members and hazardous materials specialists must be provided with the appropriate protective clothing and other necessary equipment. Employers must ensure that paragraphs (g)(3)- (g)(5) are followed, which cover the requirements for PPE selection, totally- encapsulating chemical protective suits, and the PPE program.

Post-Emergency Response Operations Post-emergency cleanup begins when the IC declares the release to be under control and ready for cleanup. Post-emergency cleanup can be performed by two basic groups of responders: 1. Responders of the site where the emergency release occurred or 2. Responders from off the site Responders of the site who perform post-emergency cleanup on plant property are responders that are typically more familiar with the types of hazardous substances of the site, site conditions, and methods to appropriately protect themselves from the related hazards. As a result, these responders do NOT need to be trained in accordance with (e). However, these responders do have to complete the training required by , , , and other appropriate safety and health training made necessary by the tasks they are expected to perform during the cleanup. Responders who do NOT WORK AT THE FACILITY WHERE THE RELEASE OCCURRED, and who arrive after the emergency is declared to be over, must meet the requirements of (b)-(o) and be trained in accordance with (e). In other words, their participation in the post-emergency cleanup is to be treated as hazardous waste site cleanup operation.

What is an Emergency Response? OSHA mandates that the employer: Develop an emergency response plan that lays out chain of command, responsibilities, and emergency procedures; Train all personnel to a degree that will protect them from hazards faced in an emergency. Almost 70% of OSHA’S HAZWOPER citations are for failure to have an adequate emergency plan and appropriate training, as spelled out in this section, paragraph (q) of the standard. In other words, responders must be given clear and accurate information about the potential hazards of releases in their facility and the appropriate methods to safely mitigate and control them. These issues must be addressed in the planning process. If there is a spill/release of ___________ in my facility, can we handle it? How big a spill/release? Where? When? What do we need for equipment, for worker safety?

What is an Emergency Response? RELEASES OF HAZARDOUS SUBSTANCES THAT REQUIRE AN EMERGENCY RESPONSE Distinction between an incidental release of a hazardous substance and a release that requires an emergency response is fundamental to proper compliance with the provisions of (q). Emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard, (29 CFR (a)(1)(v)), was written to cover a wide array of facilities and situations. Potential releases of hazardous substances in the workplace can be categorized into three distinct groups in terms of the planning provisions of (q). These groups are: 1. Releases that are clearly incidental regardless of the circumstances. 2. Releases that may be incidental or may require an emergency response depending on the circumstances. 3. Releases that clearly require an emergency response regardless of the circumstances.

What is an Emergency Response? Releases that Are Clearly Incidental HAZWOPER does NOT cover the foreseeable release of a hazardous substance that is limited in quantity and poses no emergency or significant threat to the safety and health of employees in the immediate vicinity. This type of release is referred to as an "incidental release" in (a)(3). An incidental release is a release of a hazardous substance which does not pose a significant safety or health hazard to employees in the immediate vicinity or to the employees cleaning it up, nor does it have the potential to become an emergency within a short time frame. Incidental releases are limited in: 1. Quantity 2. Exposure potential 3. Toxicity 4. Presents minor safety or health hazards to employees in the immediate work area or those assigned to clean them up.

What is an Emergency Response? Releases that May Be Incidental or Require an Emergency Response, Depending on the Circumstances Properties such as toxicity, volatility, flammability, explosiveness, corrosiveness, etc., as well as the particular circumstances of the release itself, such as quantity, confined space considerations, ventilation, etc., will have an impact on what employees can handle safely. There are also some engineering control measures that will mitigate the release that employees can activate to assist them in controlling and stopping the release. These considerations: 1) Properties of the hazardous substance, 2) The circumstances of the release, 3) The mitigating factors in the work area combine to define the distinction between incidental releases and releases that require an emergency response. The distinction is site-specific and its impact is a function of the ERP. For example, a spill of the solvent toluene in a facility that manufactures toluene may not require an emergency response; however, the same spill inside a furniture refinishing shop with personnel that have had only the basic hazard communication training on toluene may require an emergency response by more highly trained personnel.

What is an Emergency Response? Releases that Require an Emergency Response Regardless of the Circumstances There are releases of hazardous substances that pose a sufficient threat to health and safety that, by their very nature, require an emergency response regardless of the circumstances surrounding the release or the mitigating factors. An employer must determine the potential for an emergency in a reasonably predictable worst-case scenario (or "anticipated emergencies," 29 CFR (q)(1)), and plan response procedures accordingly. For example, a motor carrier is engaged in the transportation of HAZMAT. At the time of an accidental release, the product cannot be contained by employees in the immediate vicinity and be cleaned up utilizing absorbent. Because of the larger problem, the motor carrier's employees evacuate the area and call for outside help, as instructed by the employer. In this instance, if a spill of a hazardous substance occurs and an employer instructs all of his/her employees to evacuate the danger area, then the employer may not be required to train those employees under However, the ability to decide whether a spill is an incidental spill or one requiring an emergency response requires training. Any employees who are expected to become actively involved in an emergency response due to a release of a hazardous substance are covered by and must be trained accordingly.

What is an Emergency Response? An emergency response includes, but is not limited to, the following situations: The response comes from outside the immediate release area The release requires evacuation of employees in the area The release poses, or has the potential to pose, conditions that are immediately dangerous to life or health (IDLH) The release poses a serious threat of fire or explosion (exceeds or has the potential to exceed the lower explosive limit or lower flammable limit) The release requires immediate attention because of imminent danger The release may cause high levels of exposure to toxic substances There is uncertainty about whether the employees in the work area can handle the severity of the hazard with the PPE and equipment that has been provided and the exposure limit could easily be exceeded The situation is unclear, or data are lacking on important factors