OSHA COMPLIANCE: WORD TO THE WISE
In the early morning hours of September 16, 1991, the Windsor Locks (CT) Fire Department responded to a challenging incident involving an overturned tractor trailer on a major interstate highway, a trapped driver, and leaking formaldehyde (36-percent solution). In the 20 hours that followed, the driver was extricated and transported to a medical facility via helicopter; the spill was contained and the leak sealed; and the product was cleaned up.
The incident drew the attention of the Connecticut Occupational Safety and Health Administration (CONNOSHA), which launched an extensive postincident investigation into the operational response as well as department training programs, SOPs, and personnel training levels. The department was subsequently cited by CONN-OSHA for failure to meet state and federal regulations regarding operations at the scene and department training requirements. Following are some general recommendations and lessons learned by the Windsor Locks Fire Department as a result of this experience.
LESSONS AND RECOMMENDATIONS
- OSHA standard 29 CFR 1910.120 also was adopted as the identical EPA standard 40 CFR 311 to make the regulations enforceable in all 50
- states, OSHA-regulated or not. The standard reflects the minimum conn petencies for firefighter/emergency worker training. If not already implemented, a program to comply with this standard should be put in place as soon as possible.
- You are required to prove compliance with this standard through proper written documentation. Complete training records must be available for evaluation.
- Many departments prefer to train to NFPA 472 to better protect their personnel and guard against civil liabilities. The NFPA standard is a consensus document and, while not law, is considered a national standard for the fire service. Chiefs and training committees will have to make the difficult decision of what training will get priority and with which standard it will comply.
- In an actual incident, fire officers cannot exceed their level of training and should delegate the command of the haz-mat sector to a subordinate with a higher level of certification.
- Standard operating procedures must be published and enforced. You may be held responsible if your personnel do not follow the procedures. The SOPs also will be evaluated by the investigating agency to see if they meet national standards. The local emergency plan (as required by SARA Title III) must be utilized and known by all emergency personnel. Copies will be needed for evaluation of training and plan compliance during the emergency.
- Radio logs will be used for time factors and need to be clear, complete, and concise. These entries plus any tapes will be used as part of the investigation and need to stand up to
- legal scrutiny.
- You must have a system in place to retrieve such data easily; too much time and money is wasted otherwise, possibly adding an indirect cost to an incident that is already very costly.
- Remember that many of the civil and legal risks we face may be lessened by actions we take prior to the incident. Many of the common solutions utilized by emergency managers, such as ICS, SOPs, and preplanning, can lower the risks, and some are required under safety regulations However, in large-scale incidents, many agencies will be called in. If someone is injured at the incident, whether from your department or another, you may be held accountable or at least have to prove that your department or personnel are not responsible. Regional training of emergency personnel —including fire, police, EMS, and public works —to their required and appropriate levels can help alleviate this concern.
Regardless of whether your department is paid, volunteer, or combination and regardless of whether your department requested haz-mat responsibilities or not, it is required to abide by and enforce the OSHA regulations—they are the law. This law went into effect on March 6, 1990, and should not be a surprise to anyone. If you find your department on the front page of your local paper or on the evening news, you can guarantee that your state compliance officers also w ill see the incident. They do not need a complaint or injury report to initiate an investigation; rather, they are compelled by law to act on any safety violation they see or suspect. They will do their job, and it is our hope that you have done yours
