I have discussed this many many times with clients over the years, as most have difficulty seeing the logical transition from each phase to the higher level of response. So in this article, I will attempt to show the transition as to when we leave PSM/RMP operating procedures to our EAP and if necessary how we then transition into an ERP. BUCKLE UP as this may be a wild ride for some…
Ask yourself this question… at this very moment what document constitutes our actions for operating our covered process(s)?
Hopefully, we said our “operating procedures”, more specifically our “normal operations” procedures. As these are the procedures we follow when things go as planned. However, as it has been known to happen, we can have an upset condition in our process. Our set of operating procedures must also contain the “consequences of these deviations” from our established safe upper/lower operating limits; as well as instruct the operator(s) in the steps to either AVOID the deviation, should we have a deviation indicator such as an alarm BEFORE we reach the safe upper/lower limit, or to CORRECT the deviation once the process parameter has crossed that line.
These safe upper and lower limits, with their consequence(s) of deviation AND the steps to avoid or correct the deviation, are an ABSOLUTE CRITICAL PATH within our administrative controls and yet so many SOPs are missing this information. For example, let’s say we have a piece of equipment that has sprung a leak of our HHC/EHS and due to the fact that our HHC/EHS has such a low IDLH limit, the responding operator MUST have at his/her disposal the steps to shut down this equipment in an “emergency mode”. And as long as they can execute this ESD task wearing their operator prescribed PPE without exceeding the limitations of their PPE and SOP(s), they may execute their PSM/RMP procedures as they have been trained and equipped to do. Now for me, using an Air-Purifying Respirator (APR) around an uncontrolled leak REQUIRES the use of a calibrated direct-reading monitor so as to inform the user of the APR that he/she has reached a level of exposure that the APR is not rated for and thus they must exit the space/area IMMEDIATELY. But as long as their calibrated meter allows them to work in the contaminated space and as long as the personnel is following their SOPs step-by-step as they have been trained to do, they are operating under the PSM/RMP Emergency Conditions element (1910.119(f)(1)(i)(E). The key here is that their actions have been THOUGHT THROUGH, WRITTEN DOWN, CERTIFIED ANNUALLY, and TRAINED ON at least every THREE YEARS (as well as audited every 3 years to ensure all facets of the administrative controls are in place and functioning as desired).
FYI, we call this type of leak an “incidental leak” and the activities associated are covered under SOPs or Maintenance Procedures, as well as a Certified PPE Hazard Assessment for the exposure to the HHC/EHS and their baseline training on these elements. The KEY, again, is to NOT exceed the limitations of our basic PPE and SOPs.
But what happens when the “incidental leak” becomes MORE THAN an incidental leak? Does OSHA or EPA provide any guidance as to when an “incidental leak” becomes one that rises to the next level? Well of course they do and these eight (8) triggers would take an “incidental leak” to one that requires us to move to the next level:
- The response comes from outside the immediate release area
- The release requires evacuation of employees in the area
- The release poses or has the potential to pose, conditions that are IDLH
- The release poses a serious threat of fire or explosion (exceeds or has the potential to exceed the LEL/LFL
- The release requires immediate attention because of imminent danger
- The release may cause high levels of exposure to toxic substances
- There is uncertainty about whether the employees in the work area can handle the severity of the hazard with the PPE and equipment that has been provided and the exposure limit could easily be exceeded
- The situation is unclear, or data are lacking on important factors
Once a TRAINED individual recognizes the leak could trigger any one (1) of the eight (8) items above, he/she must remove themselves and others from the hazardous exposure and make the decision as to what level of action is necessary:
- Emergency Action Plan and/or Emergency Response Plan
Both OSHA and EPA require PSM/RMP covered facilities to have an Emergency Action Plan (EAP). We should view this plan as the one that notifies everyone of an emergency and instructs them what to do when that emergency is communicated. These communications will meet or exceed OSHA’s Employee Alarm System standard (1910.165). Based on the actions needed, the personnel will either evacuate the building (such as a leak inside) or maybe they shelter-in-place for a leak occurring outside the building. Either way, once ALL site personnel has reached their safe haven, we must account for them following our headcount procedures. That is the main elements of the EAP… tell everyone how to report an emergency, tell everyone when there is an emergency, train them on what to do when they hear the alarm, and then account for them once they have reached their safe haven.
Of course, there are hundreds, if not thousands, of variations in how these will be carried out, but the expectations simply remain the same.
So once the PROPERLY TRAINED person recognizes the need for them to leave the area, they MUST clear the area so as to inform all other personnel in the area of the hazardous condition(s) due to this leak of our HHC/EHS. In some cases, this may be able to be communicated with him/her using their voice – in other situations they may need an alarm. Some facilities may have “unit evacuation” alarm(s) coupled with a site-wide evacuation alarm. Perfectly acceptable when ALL the alarm tones are DISTINCTIVE in TONE so that all site personnel can identify the alarm as an emergency alarm and understand what their actions are when they hear the alarm.
This is where TRAINING becomes CRITICAL as the decision as to who needs to evacuate their work area will be made by an individual and in a timely manner. So, of course, OSHA has established some MINIMUM level of training this person must have… at least OPERATIONS LEVEL training. Here is what OSHA states: (emphasis by me)
Personnel expected to set up boundaries designating safe and unsafe areas must be trained to the first responder OPERATIONS LEVEL. An employee trained to the first responder awareness level may NOT set up safe distances because they lack knowledge regarding the potential for exposure, explosion, or radiation. Once these areas have been established, first responder operations level personnel must control entry and exit from the area of the release. (Note: Awareness level trained personnel may assist in preventing unauthorized entry into the area of the release providing all of their activities are done at a safe remote location.) See CPL_02-02-073
So although your facility may not have an official emergency response team (as defined by 1910.120), we can see that there is a need for some level of emergency response training in order to make sound decisions within our EAP. The decision of who evacuates or shelters-in-place is ABSOLUTELY CRITICAL so the person making this decision is making a CRITICAL decision and mistakes can be extremely costly in life, property, and reputation.
So the worker who originally responded to our “incidental leak” determined that we moved from it being “incidental” to one that required emergency actions. He/She sounded the evacuation alarm as prescribed in the EAP and the facility performed their headcount procedures and accounted for all on-site personnel.
But what now?
We have a situation that the emergency shutdown procedures under our PSM/RMP operating procedures did not stop the leak, we have evacuated everyone from harm’s way and accounted for them, but we are still leaking an HHC/EHS into an area or the environment where we do not want it. So now we shift from the EAP into the ERP, whether its an internal team or the local FD. And just as a reminder, the EAP and ERP have very distinct differences in their content! The EAP requires the following elements:
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.
An ERP requires the following elements:
1910.120(q)(2) Elements of an emergency response plan. The employer shall develop an emergency response plan for emergencies which shall address, as a minimum, the following areas to the extent that they are not addressed in any specific program required in this paragraph:
1910.120(q)(2)(i) Pre-emergency planning and coordination with outside parties..
1910.120(q)(2)(ii) Personnel roles, lines of authority, training, and communication.
1910.120(q)(2)(iii) Emergency recognition and prevention.
1910.120(q)(2)(iv) Safe distances and places of refuge.
1910.120(q)(2)(v) Site security and control.
1910.120(q)(2)(vi) Evacuation routes and procedures.
1910.120(q)(2)(vii) Decontamination.
1910.120(q)(2)(viii) Emergency medical treatment and first aid.
1910.120(q)(2)(ix) Emergency alerting and response procedures.
1910.120(q)(2)(x) Critique of response and follow-up.
1910.120(q)(2)(xi) PPE and emergency equipment.
Emergency response organizations may use the local emergency response plan or the state emergency response plan or both, as part of their emergency response plan to avoid duplication. Those items of the emergency response plan that are being properly addressed by the SARA Title III plans may be substituted into their emergency plan or otherwise kept together for the employer and employee’s use.
And just to be clear, our PSM/RMP Operating Procedures require (applicable to my discussion here):
1910.119(f)(1)(i)(D) Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner.
1910.119(f)(1)(i)(E) Emergency Operations;
…
1910.119(f)(1)(ii) Operating limits:
1910.119(f)(1)(ii)(A) Consequences of deviation; and
1910.119(f)(1)(ii)(B) Steps required to correct or avoid deviation.
To summarize, we exhaust our operating procedures and PPE capabilities to deal with an “incidental leak”. When we have exhausted all of our operating procedures and/or our PPE capabilities, we then move to our EAP to get personnel out of harm’s way and to a safe haven and accounted for. At that point, depending on the conditions, we would either declare the emergency over or if ANYONE needed to enter the HOT or WARM zone to take either offensive or defensive actions in response to the leak, we MUST do so under the guidance of an ERP and extensive training.
So there you have the three (3) phases of how we deal with “leaks” of our HHC/EHS using the tiered approach of OSHA standards. I hope it helps bring some structure to an often confusing discussion.