We get this question in every 24, 40, and 8 hour refreshers we do. The scenario is most often like this…emergency alarm sounds, response team responds and begins operations to control and mitigate the emergency. Senior management, not part of the ERT, arrives on scene and begins to ask questions about the tactics and timing. AS LONG as they are NOT part of the Incident Command system and are NOT making decisions or influencing decisions then they are NOT under 1910.120. HOWEVER, if they are functioning within the IC and are making decisions or even “influencing” decisions then, YES they are under 1910.120.
In a HAZWOPER LOI dated 07/28/1989 OSHA answers the following question:
Question: In some cases, management staff are present at a location (either hazardous waste site or location of emergency response operations), and they are not actually engaging in any emergency response operation, other than providing corporate oversight and administrative support to the incident commander. If these personnel are serving in such an oversight or administrative capacity, ORC believes that 24 hours of training is not necessary. Are we correct?
OSHA Response: Management personnel who during an emergency situation stay out of the hazardous area and who are not taking charge of the incident, and are not a specialist employee under 29 CFR 1910.120(q)(5) are not covered by 29 CFR 1910.120.
A specialist employees is an employee who, in the course of their regular job duties, work with and are trained in the hazards of specific hazardous substances, and who will be called upon to provide technical advice or assistance at a hazardous substance release incident to the individual in charge, shall receive training or demonstrate competency in the area of their specialization annually.