Process operators taking limited action during HAZWOPER emergencies

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

July 11, 1996

Richard D. Olson, CIH
Project Manager
Environmental & Health
Regulatory Affairs
[Recipient address omitted]
Dear Mr. Olson:

This is in response to your inquiry of June 7, concerning a section of the Hazardous Waste and Emergency Response standard, 29 CFR 1910.120 (Hazwoper). You were specifically concerned about the number of workers necessary to be present when there is a need for an operator to respond to a potential emergency that falls under the scope of the Hazwoper standard.

Page D-12 of the Hazwoper Emergency Response Compliance Directive ([CPL 2-2.59A, April 24, 1998]) addresses the limited actions process operators can take when certain conditions are met:

Process operator who have (1) informed the incident command structure of an emergency (defined in the facility's emergency response plan), (2) adequate PPE (3) adequate training in the procedures they are to perform, and (4) employed the buddy system, may take limited action in the danger area (e.g., turning a valve) before the emergency response team arrives. The limited action taken by the process operators must be addressed in the emergency response plan.

• Once the emergency response team arrives, these employees would be restricted to the actions that their training level allows.

• This limited action assumes that the emergency response team is on its way and that the action taken is necessary to prevent the incident from increasing in severity (i.e., to prevent a catastrophe).

• Employers must inform employees during their training that they are to evacuate when they lack the capabilities to respond in a safe manner and in accordance with the standard operating procedures defined in the emergency response plan.

• If the process operator takes action beyond what they have been trained to do, and the action was comparable to the aggressive role that a HAZMAT technician would take, CSHOs shall cite the employer for a violation of 29 CFR 1910.120(q)(6)(iii). If the operator takes action beyond that which they have been trained to do, and the action was comparable to the defensive role that a first responder at the operations level would take, CSHOs shall cite the employer for a violation of 29 CFR 1910.120(q)(6)(ii).

This has been OSHA's long standing policy for operators responding to emergencies. Should you have a different approach that meets the intent of the standard, it would be helpful for us to review it before deciding whether a meeting with you would be necessary.

We hope this information is helpful. If you have any further questions please contact us at 202-219-8036.

Sincerely,

Ruth McCully, Director
Office of Health Compliance Assistance

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