Employees such as chemical process operators may be required to shut down processes, close emergency valves and otherwise secure operations that are not in the hot zone or danger area before evacuating in the event of an emergency. (See 29 CFR 1910.38(a)(2)(ii).) These procedures need to be delineated carefully, and employees must be trained to be able to perform these pre-evacuation procedures safely. Employees who perform these operations are not considered “emergency responders;” however, if they perform duties in the hot zone, or danger area, then they would be expected to be trained as emergency responders in accordance with 29 CFR 1910.120.
Chemical process operators who have informed the incident command structure of an emergency, who have adequate PPE and training in the procedures they are to perform, and who employ the buddy system, may take limited action in the danger area (e.g., turning a valve) before the emergency response team arrives. The limited action taken by process operators must be addressed in the Emergency Response Plan. Once the emergency response team arrives, these employees would be restricted to the actions that their training level allows.
This limited action assumes that the emergency response team is on its way, their arrival is imminent, and that the action taken is necessary to prevent the incident from increasing in severity (i.e., to avoid a catastrophe). Employers must inform employees during their training that they are to evacuate when they lack the capabilities to respond in a safe manner and in accordance with the standard operating procedures defined in the emergency response plan.
If the process operator takes action beyond what they have been trained to do, and the action was comparable to the active role that a HAZMAT technician would take, CSHOs shall cite a violation of 29 CFR 1910.120(q)(6)(iii). If the operator takes action beyond that which they have been trained to do, and the action was comparable to the defensive role that a first responder at the operations level would take, CSHOs shall cite a violation of 29 CFR 1910.120(q)(6)(ii).
SOURCE: CPL 02-02-059