This ONLY applies to Michigan workplaces, but it was such a weird way to enforce the PRCS standard that I thought it was worth sharing. Keep in mind that more than 50% of PRCS deaths are “would-be rescuers.”
Rescue Operations
MIOSHA has no authority to direct rescue operations. This is the responsibility of the employer and/or of local political subdivisions or State agencies. MIOSHA does have the authority to monitor and inspect the working conditions of covered employees engaged in rescue operations to make certain that all necessary procedures are being taken to protect the lives of the rescuers.
a) Non-Standard Procedures or Equipment.
Emergencies created by accidents may necessitate immediate rescue work, and any loss of time may increase injuries and/or fatalities. Therefore, when only nonstandard procedure or equipment is available for use in an emergency situation, MIOSHA will permit its use without citing the employer, rather than cause a delay to occur by waiting for
equipment which meets MIOSHA standards requirements. However, if the SO/IH determines the nonstandard procedure or equipment will result in imminent danger, the instructions on imminent danger shall be followed. The use of such procedure or equipment by employers shall be limited to the actual emergency rescue work. However, its continued use by employers in clean-up or reconstruction work shall warrant the issuance of citations when appropriate.
b) Voluntary Rescue Operations Performed by Employees. MIOSHA acknowledges that an employee may choose to place themself at risk to save the life of another person. Typically, citations will be issued when:
(1) An employee is designated or assigned by the employer to have responsibility to perform or assist in rescue operations, AND the employer fails to provide protection of the safety and health of an employee, including failing to provide appropriate training and rescue equipment;
or
(2) An employee is directed by the employer to perform rescue activities in the course of carrying out the employee’s job duties, AND the employer fails to provide protection of the safety and health of an employee, including failing to provide appropriate training and rescue equipment;
or
(3) An employee is employed in a workplace that requires the employee to carry out duties that are directly related to a workplace operation where the likelihood of life-threatening accidents is foreseeable, such as operations where employees are located in confined spaces or trenches, handle hazardous waste, respond to emergency situations, perform excavations, or perform construction over water; AND an employee has not been designated or assigned to perform or assist in rescue operations and voluntarily elects to rescue such an individual; AND the employer has failed to instruct employees not designated or assigned to perform or assist in rescue operations of the arrangements for rescue, not to attempt rescue, and of the hazards of attempting rescue without adequate training or equipment.
Typically, a citation will not be issued if an employer has trained employees not to respond to a life-threatening danger but an employee attempts a voluntary rescue regardless of whether the attempt is successful.
Source: MI OSHA FOM
