OSHA’s HAZWOPER (1910.120) divides emergency response into three separate areas. First, OSHA is regulating emergency response by employees at uncontrolled hazardous waste sites. Second, OSHA is regulating emergency response at RCRA facilities. Third, OSHA is regulating emergency response to hazardous substance releases by employees not covered by paragraphs (l) and (p)(8) in paragraph (q). These regulations were directed toward emergency response teams, industrial fire brigades, and hazardous materials teams.
Paragraph (q) — Emergency response to hazardous substance releases not previously covered
In paragraph (q) OSHA is covering those emergency response situations that occur at locations other than uncontrolled hazardous waste sites and RCRA Treatment Storage and Disposal (TSD) facilities. The typical site covered by this paragraph would be a transportation accident where hazardous substances are or have the potential for leaking into the environment. Other sites covered by this paragraph would include hazardous substance releases at chemical manufacturing facilities such as the release that occurred at the Union Carbide plants in Bhopal, India, and Institute, WV.
A typical scenario where this paragraph would be applicable would be the emergency response to a derailed tank car containing a hazardous substance that has begun to leak its contents into the atmosphere. The emergency response to this type of accident would usually include the first responders (i.e., witnesses, police, employees on the train), the first dispatched-responsers (i.e., the first due rescue and fire apparatus), and multiple alarm dispatches (i.e., additional fire and rescue apparatus, HAZMAT teams, state fire marshal, Coast Guard or Federal E.P.A. national response teams), and the clean-up crew (i.e., initial response employees of the site owner who clean-up the release). Employees of outside clean-up contractors would be covered by paragraphs (b) through (p).
As the clean-up scenario proceeds towards completion, the various employees on the scene will need different levels of training and protective equipment required in this paragraph.
In paragraph (q)(1) OSHA wants to emphasize that employers who will evacuate their employees from the workplace when an emergency occurs and who do not permit any of their employees to assist in handling the emergency are exempt from the requirements of this paragraph if they provide an emergency action plan in accordance with 1910.38(a).
In paragraph (q)(3) OSHA deleted the requirement that the senior official responding to an hazardous substance emergency establish the Incident Command System (ICS). As a result of other requirements in the final rule, the Incident Command System should already be established prior to an emergency. The senior official responding to an incident scene should only need to take charge of the incident and begin to implement the preplanned ICS.
In paragraph (q)(3)(iv) OSHA requires all employees engaged in emergency response and exposed to hazardous substances in any way to wear positive pressure self-contained breathing apparatus while engaged in emergency response. The final rule requires only those employees engaged in emergency response and exposed to hazardous substances “presenting an inhalation hazard or potential inhalation hazard” to wear positive pressure self-contained breathing apparatus. OSHA has made this change since several comments suggested that some individuals engaged in emergency response may be exposed to hazardous substances that do not pose an inhalation hazard and, therefore, would negate the need for respiratory protection. Such protection would become a burden to those employees engaged in operations not requiring the use of such equipment.
In paragraph (q)(3)(vi) of the final rule OSHA called for “qualified basic life support” personnel to be present at the site. In some emergency medical service (EMS) systems the term “basic-life support (BLS)” identifies a unique group of trained individuals who have received an established level of specialized training. Typically emergency medical response begins at the first-responder level, and progresses through basic-first aid and basic-life support to advanced-life support (ALS). The amount of training and expertise increases as individuals progress through the system. As a result of several comments, OSHA has decided to reduce the level of training required for a minimum stand-by capability at a hazardous waste sites. Employees trained and qualified in basic first aid have the basic skills such as initial patient assessment, maintenance of airway, control of bleeding, immobilization of fractures, and possibly cardiopulmonary resuscitation (CPR) to control injuries until a higher level responder arrives. If response time for BLS or ALS is long enough that it is necessary for this level of training to be at the site in case of an emergency, this rule does not prohibit the stationing of this level at the site. However, OSHA believes that if BLS or ALS service is available within a reasonable time, a qualified basic first aider can provide the necessary interim care.
In paragraph (q)(5) OSHA eliminated the requirement of 24 hours of training for specialist employees and has replaced it with a requirement for annual training or demonstration of competency in their area of specialization. The required minimum hours of training was deleted because some employees may need more or may need less than 24 hours for their area of specialization. Specialized employees are by definition individuals specialized in their area of expertise and should only require whatever level of training is necessary to maintain their level of competency. OSHA considers the other changes made to the language of this paragraph to be editorial.
In paragraph (q)(6) OSHA addresses the training requirements for employees who will be responding to hazardous materials incidents. In paragraph (q)(6)(i), (ii), (iii), and (iv) OSHA has provided tiered training criteria for those employees who may be designated as members of an emergency response team. The various levels of response and the required competency levels are based upon recognized levels of response being discussed in the hazardous materials response industry as recommended in several of the comments made during this rulemaking.
To illustrate OSHA’s tiered approach to training, the following scenario describes a possible emergency response call.
A state trooper is on routine patrol along a highway passing through a residential and light industrial area of a large metropolitan city. Ahead in his path of travel, the trooper notices a multi-vehicle accident involving a large overturned tank trunk. Immediately the trooper uses his radio to contact his dispatcher to report the accident. After letting the dispatcher know the location and type of accident, the trooper places his vehicle across the travel lanes of the highway approaching the accident site to stop traffic. while he is doing this the dispatcher is alerting the fire and rescue companies in the immediate area and dispatching an established number of fire and rescue vehicles. The trooper then surveys the accident scene from his vehicle trying to identify the type of cargo on the overturned truck. Seeing three different U.S. DOT placards on the vehicle the trooper makes note of the four digit numbers and checks his DOT Emergency Response Guide for a summary of actions to be taken for the chemicals identified on the placards. After determining his next on-site responsibility, he recontacts his dispatcher with the additional information and secures the scene. He stays away from the immediate accident site and does not become involved in rescue or site mitigation.
While the trooper has been securing the scene, the fire and rescue units dispatched after his first radio call begin to arrive on the scene with the additional information from the trooper’s second call. The officer-in-charge (OIC) of the fire/rescue response stops his vehicles in a safe location and contacts the state trooper. After determining the type of accident and vehicles involved, the OIC takes control of the scene and directs his crews to take a predetermined defensive action in controlling a leak that has begun on the tanker. The OIC then contacts the dispatcher and reports his assessment of the accident scene including the fact that the tanker is now leaking. He requests the dispatcher to send him the closest hazardous materials response team. He also asks for representatives from the shipper of the liquid and the liquid’s manufacturer.
In the meantime, firefighters have established a perimeter defense of the accident scene using fire hose lines and proper personal protective equipment. They begin to evacuate surrounding homes and businesses as indicated in the Emergency Response Guide in case the leaking tanker should explode. They construct dikes and diversion pits to contain water and chemical run-off from the fire hose lines. Rescue personnel, including emergency medical technicians, have made a preliminary assessment of the accident scene and have determined whether any individuals in the spill area are trapped in their vehicles or need immediate assistance. They report their observations to the OIC.
A decision is made by the OIC, based upon the reports of the police officer, the emergency response crew, and the data on the DOT placards, that no rescue attempts can be made safely until such time as the leaking liquid is positively identified and controlled by the HAZMAT team. The proper local authorities are notified under the requirements of SARA Title III.
As firefighters continue to provide defensive protection of the scene and as emergency medical technicians establish a triage area for the treatment of injured passengers, the HAZMAT team arrives and begins to take control of the accident scene. Hazardous materials technicians and specialists assess the scene and plan their attack on the leaking tanker.
After equipping themselves properly, the HAZMAT team makes a final, pre-attack evaluation of the scene, including a scan of the area with appropriate monitoring equipment, and reports its findings to the fire and rescue personnel. Based upon the results of the pre-attack evaluation and a determination by HAZMAT team members using monitoring equipment that the spill area is non-hazardous, rescue personnel now enter the area of the accident to provide emergency medical treatment to injured passengers and to extricate those passengers who may have been trapped in their vehicles. The HAZMAT team proceeds to the point of release and secures the leak.
After all the injured have been cared for and after the leak has been stopped, the firefighters and HAZMAT team begin to clean-up the accident scene in accordance with pre-planned procedures.
All four levels of hazardous materials response have played a role in this scenario. The state trooper, the first on the scene, is the first responder awareness level. The first responding fire and rescue companies who provided the defensive attack are the first responder operations level. The responding HAZMAT team had both hazardous materials technicians and hazardous materials specialists. In this scenario the state trooper would have to have a sufficient amount of training, the first responding fire/rescue companies would need eight hours of training, and the HAZMAT team would need 24 hours of training. The tiered training schedule is based upon the duties and responsibilities of the individuals involved in the various levels of response illustrated in the scenario.
Source: HAZWOPER Preamble Section 2 – II. Summary and Explanation of the Standard