OSHA’s and EPA’s process safety standards require the host facility to “explain to contract employers the applicable provisions of the emergency action plan” (1910.119(h)(2)(iii), which is a REQUIRED PLAN for all facilities with a PSM/RMP covered process. But what does OSHA/EPA mean when they use the phrase “applicable provisions of the emergency action plan“?
We first have to understand the six (6) provisions of an Emergency Action Plan (EAP):
1910.38(c) Minimum elements of an emergency action plan. An emergency action plan must include at a minimum:
1910.38(c)(1) Procedures for reporting a fire or other emergency;
1910.38(c)(2) Procedures for emergency evacuation, including type of evacuation and exit route assignments;
1910.38(c)(3) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;
1910.38(c)(4) Procedures to account for all employees after evacuation;
1910.38(c)(5) Procedures to be followed by employees performing rescue or medical duties; and
1910.38(c)(6) The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.
SO which of the six (6) are necessary for contractors to understand so that they can work safely and respond properly should actions under the EAP need to be taken. So here is how I break it down:
1) We have to train contractors on the “preferred means to report” (a phrase from 1910.165(b)(4) an emergency. And to be specific, the emergencies they need to be able to report at a PSM/RMP facility are Chemical Release, Fire, and Medical. A lot of EAPs will have an active shooter and suspicious packages procedures, but these are NOT related to PSM/RMP related actions so I would exclude these two from the “applicable provisions”. But without question, we need to ensure contractors working in, on, and/or adjacent to our “covered process(s)” understand how to RECOGNIZE an emergency involving process safety matters. In our efforts, we can not forget about 1910.165, Employee alarm systems requirements and ensure that we are meeting the requirements of (b)(4) and (b)(5) as it relates to the preferred means of reporting emergencies and procedures for sounding emergency alarms.
2) We have to explain the facility emergency alarm tones and the actions we want the contractors to take when they hear each distinctive signal for the type of emergency that is occurring (e.g. evacuate or shelter-in-place). These PSM/RMP facilities must comply with the alarm requirements found in 1910.165(b)(3) which requires the alarms to be “distinctive and recognizable as a signal to evacuate the work area or to perform actions designated under the emergency action plan”. To keep this simple, most facilities will manage two (2) different alarm tones. One tone is sounded when we want personnel to remain indoors due to severe weather or a chemical release outdoors; the other tone is sounded when we want personnel to evacuate the building to the outside assembly areas. Contractors (actually ALL personnel on site) must understand these alarm tones and take the proper action.
3) We have to explain where they are to go once the recognize the alarm. Do we have fixed assembly areas or does the assembly area you go to based on where you are working at the time of the alarm? Either way, one thing is certain… to account for all contractors we must first know who is on our site. This means we have to have some means for them to sign-in/badge-in and out of the facility. Then our EAP must contain procedures in how that sign-in/out or badging in/out system will be used to account for EACH contractor. Who goes to the guard/gatehouse to get the log(s), does security play a role in the headcount, etc.? Without this strict signing in/out EACH time a contractor enters and leaves the facility will make it IMPOSSIBLE to do an accurate accounting of our contractors. And please note, visitors and truck drivers should also be accounted for – meaning they too should be signing in/out of our facility and headcount procedures should include these groups as well.
So if we can orientate our contractors on these 3 items: Reporting emergencies, Reacting to alarms, and how to be accounted for we have met the applicable provisions of our EAP. Of course, I have to end with this, if we have contractors who are “operating” our process or provide day-to-day maintenance, these individuals should be managed/trained to the same level as a company employee.