Sen. Chuck Schumer announced today that OSHA, the Environment Protection Agency (EPA), and Homeland Security (DHS) have agreed to create new protocols requiring notifications and coordination with local governments & emergency services when a company is cited with serious violations in wake of the deadly chemical explosion and fire at a cosmetic factory. In January, Sen. Schumer launched the effort to ensure local governments are notified when companies are cited for mishandling flammable and/or hazardous materials.
OSHA, along with EPA and DHS, make up the Chemical Facility Security and Safety Working Group, which will coordinate strategies, activities, policies and communication across governmental entities to address concerns that there should be an immediate and more thorough improvement of OSHA’s coordination and communication systems to local municipalities and their respective stakeholders. Specifically, the Chemical Facility Security and Safety Working Group is moving forward with a new partnership between the agencies regarding the coordination of communication between state and local governments when there is a serious violation cited. The protocol intends to address the lack of communication with local first responders, safety and training agreements, and coordination on information sharing about all the relevant agencies when a local company is cited for serious violations.
Specifically, the Chemical Facility Security and Safety Working Group is tasked with:
- Developing appropriate means for sharing information with first responders to enhance their ability to safely and effectively plan for and respond to incidents in their jurisdiction;
- Developing tools, training, and resources to strengthen State Emergency Response Commissions and Local Emergency Planning Committees;
- Coordinating with agencies beyond DHS, EPA, and OSHA, by working with the U.S. Department of Justice, the U.S. Department of Transportation, and, in this instance, the Food and Drug Administration, as appropriate, to address incidents involving hazardous materials and the effects these incidents have on workers and communities;
- Coordinating information sharing across the interagency community and with state, local, tribal, territorial, and private sector partners; and
- Leveraging limited resources across all levels of government by conducting and facilitating cross-training to raise awareness of other programs.
Currently, OSHA does not proactively reach out to local governments regarding the issue of a citation and I believe that should change for matters involving flammable and combustible liquids, which the agency deems serious. Across the country, fire departments range from career to volunteer forces. The more information they have about what is happening in their communities, they better they can ensure firefighters have the equipment and resources to adequately address a potential incident in the future. Further, advanced notification for violations involving flammable and combustible liquids would give local fire departments and emergency response agencies the chance to inspect properties and work in cooperation with a company to proactively prevent accidents.