Medical surveillance and training for emergency responders

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

May 23, 1989

Mr. Lanny E. Partain
Fire, Safety & Security Supervisor
Unocal Corporation
[Recipient address omitted]
Dear Mr. Partain:

This is in response to a letter from Mr. Douglas L. Hazelwood from the Earth Technology Corporations on behalf of Unocal Corporation. This inquiry requests interpretations of specific provisions of OSHA's Hazardous Waste Operations and Emergency Response interim final rule (29 CFR 1910.120). I apologize for the delay in this response. The great volume of correspondence has overwhelmed the staff and resulted in delayed responses to public inquiries.

The first question asks which of the following emergency response personnel are required under 29 CFR 1910.120 to be included in a medical surveillance program:

a. Employees who contain fires as opposed to taking aggressive action to fight fires?

b. Employees who take aggressive action to fight fires?

c. Employees that may be required to perform emergency repairs wearing self-contained breathing apparatus to protect against the inhalation of toxic vapors?

Employees in a. above are not covered by 29 CFR 1910.120(f) if their function is to contain the release from a safe distance. Regardless of 29 CFR 1910.120 coverage, employers are required under 29 CFR 1910.156(b)(2) to assure that employees who are expected to do interior structural fire fighting are physically capable of performing duties which may be assigned to them during emergencies.

Employees in b. and c. above are covered by 29 CFR 1910.120(f), as a result of 29 CFR 1910.120(l)(4)(ii), if incidents may involve hazardous substances as defined in 29 CFR 1910.120.

The second and final question concerns what training provisions under 29 CFR 1910.120 are applicable for a non-cleanup company that has an emergency response team that responds to releases of or substantial threats of releases of, hazardous substances on the company's property.

Under the interim final standard, at least 24 hours of annual training conducted on a monthly basis is required under 29 CFR 1910.120(l)(3). For further guidance, paragraph (q) of the final standard (copy attached) specifies various levels of training depending on the job functions of the employees. The final standard was issued March 6, 1989, and becomes effective March 6, 1990. OSHA in its enforcement discretion will not issue citations under the interim final rule if an employer is in compliance with the final standard.

I hope this information is helpful.

Sincerely,

Patricia K. Clark, Acting Director
Directorate of Compliance Programs
Enclosure

[Requester letter reproduced on OSHA page; omitted here.]