(41w) Emergency Planning and Response – Does HAZWOPER Apply to Your Typical Release Response?

Emergency planning and response is critical for all industries, especially those using highly hazardous chemicals. Proper planning, preparation, training, and equipment is crucial for protecting employee health and safety. All facilities are required to have an emergency response plan. Within that plan companies need to identify how their employees will respond to distinct types of emergencies. This paper/presentation will focus on responding to spill/release scenarios and why common industry practices may not be compliant and put employees at risk.

OSHA has established different regulations/requirements for “emergency response” and responding to “incidental releases”. Emergency response is regulated under 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response (HAZWOPER) and “incidental release response” under 29 CFR 1910.38 Emergency Action Plans and 29 CFR 1910.1200 Hazard Communication (HAZCOM). As part of developing the emergency response plan companies need to evaluate what types of releases are possible in their operations, define the difference between what requires emergency response and incidental spill response and how / if employees will respond to each category. Failure to properly identify the types of potential releases and plan for proper employee response can put employee health and safety at risk and/or result in OSHA violations and penalties for improper planning/response. During the period of October 2022 through September 2023 OSHA issued 51 Citations against 1910.120 totalling $322,372 in penalties. Responses to releases of hazardous substances where there is a potential for safety or health hazard (i.e., fire, explosion or chemical exposure) are considered to be emergency responses. If your employees respond to such a release HAZWOPER compliance is required.

This paper/presentation will include the following:

• Definitions of “Emergency Response” and “Incidental Spill Response”, per regulation and expressed in Letters of Interpretation (LOI).
• Why common practices may not meet legal requirements and put employees at risk.
• Methods for evaluating/identifying the types of potential releases, including consequence modelling.
• Sharing of lessons learned and best practices observed while conducting hundreds of compliance audits.