It has been reported that OSHA issued a citation to a Railroad ( a subsidiary of one of the six Class 1 RR’s) after an employee experienced respiratory distress when they were told to wear a self-contained breathing apparatus during the process of disconnecting train cars at the derailment site. The employee had not been medically evaluated for use of an SBCA, the citation said.
This took place during the emergency response to the ND train derailment in July 2024.
However, 1910.120(q)(4) defines a “Skilled Support Personnel as…
Personnel, not necessarily an employer's own employees, who are skilled in the operation of certain equipment, such as mechanized earth moving or digging equipment or crane and hoisting equipment, and who are needed temporarily to perform immediate emergency support work that cannot reasonably be performed in a timely fashion by an employer's own employees, and who will be or may be exposed to the hazards at an emergency response scene, are not required to meet the training required in this paragraph for the employer's regular employees. However, these personnel shall be given an initial briefing at the site prior to their participation in any emergency response. The initial briefing shall include instruction in the wearing of appropriate personal protective equipment, what chemical hazards are involved, and what duties are to be performed. All other appropriate safety and health precautions provided to the employer's own employees shall be used to assure the safety and health of these personnel.
In my eyes, if OSHA is going to permit this wild exception in an emergency, then the special skills needed to disconnect railcars would certainly fall under this definition. Not separating the RCars would have made this event exponentially worse, so this task clearly falls under this exception.
CLICK HERE for the OSHA Citation