This is one of the most asked questions when I do HAZMAT training in the public sector. Many fire departments know when OSHA regulates them and when they do not, but those professional fire fighters and volunteer firefighters who respond to chemical releases ARE IN FACT covered by the SAME EXACT rule as private HAZMAT teams at industrial facilities. Bottom line… EVERYONE who responds is covered by 1910.120! Let me explain…
Think I am crazy? Think I am an idiot? Well I am sorry, but this has been a requirement since June 1989 and here is how it works. As we know from all the recent debates, Federal OSHA can NOT enforce federal OSHA standards on state, county and city employers. And OSHA cannot touch true volunteers! So what happens when volunteer firefighters respond inappropriately to a chemical release?
In comes the Environmental Protection Agency (EPA) and NO ONE is exempt from their coverage! EPA passed a rule in 1989 SPECIFICALLY to cover those responders who fall through the “cracks” in OSHA coverage, whether they be paid firefighters in a federal OSHA state or volunteers. Here is the rule…
EPA 40 CFR PART 311—WORKER PROTECTION
§ 311.1 Scope and application.
The substantive provisions found at 29 CFR 1910.120 on and after March 6, 1990, and before March 6, 1990, found at 54 FR 9317 (March 6, 1989), apply to State and local government employees engaged in hazardous waste operations, as defined in 29 CFR 1910.120(a), in States that do not have a State plan approved under section 18 of the Occupational Safety and Health Act of 1970.
§ 311.2 Definition of employee. Employee in § 311.1 is defined as a compensated or non-compensated worker who is controlled directly by a State or local government, as contrasted to an independent contractor.
Click Here to see the actual 40 CFR Part 311
Bottom line, everyone who responds to a HAZMAT incident is covered by 1910.120; OSHA will be the primary enforcer and EPA will cover those who fall out of the scope of OSHA’s enforcement grasp.