Hazardous Materials Technician by Weber

Chapter 2 Regulations and Standards Hazmat Situation After bouncing from station to station, you’ve landed at station 6—on the edge of the industrial section of town. Over the last year you’ve been dispatched to your share of motor vehicle accidents in the area, several of them involving tanker trucks from a local refinery. What questions go through your mind as you respond? Response Considerations Who regulates the refinery industry? What kind of hazardous materials training do the drivers of the tanker have? Response Considerations Who needs be notified if the tanker leaks at one of these motor vehicle accidents? What type of hazardous materials training am I required to have to respond to these accidents? Objectives Describe the requirements of HAZWOPER in regard to hazardous materials emergency response at the hazardous materials technician level. List the five levels of hazardous materials training defined in HAZWOPER. Describe the training requirements at the hazardous materials technician level according to HAZWOPER. Objectives Summarize the requirements of the Resource Conservation and Recovery Act (RCRA). Name the key EPA regulations that affect hazardous materials response and training and summarize their requirements. Summarize the requirements of the Hazardous Materials Regulations (HMR). Objectives Describe how the global harmonization effort affects, and will affect, response to hazardous materials releases at the hazardous materials technician level. Describe the differences between the HAZWOPER regulation and the NFPA 472 (2008) standard regarding hazardous materials technician proficiencies and training. Objectives Describe the role of voluntary consensus standard organizations and their relationship to hazardous materials response. Legal Foundation of Hazardous Materials Response Rules Laws Regulations Ordinances Consensus standards Government levels Federal Tribal State Local Legal Foundation of Hazardous Materials Response Three agencies are primarily responsible for hazardous material regulation: Environmental Protection Agency (EPA) Occupational Safety and Health Administration (OSHA) Department of Transportation (DOT) U.S. Occupational Safety and Health Administration HAZWOPER 29 CFR 1910.120 Respiratory Protection 29 CFR 1910.134 Hazard Communication–Haz Com 29 CFR 1910.1200 U.S. Occupational Safety and Health Administration OSHA States FIGURE 2-1 States and territories that have adopted their own version of HAZWOPER for all workers are shown in red, states that have adopted their own version of HAZWOPER for government workers only are shown in blue, and states that have not adopted their own regulations are shown in white. Your state jurisdiction can have a significant impact on how you respond to hazardous materials emergencies. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph A HAZWOPER applies to: Cleanup operations required by a governmental body at uncontrolled hazardous waste sites. Corrective actions involving clean-up at Resource Conservation and Recovery Act (RCRA) sites. Voluntary clean-up operations at governmentally recognized uncontrolled hazardous waste sites. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph A HAZWOPER applies to: Hazardous waste operations at treatment, storage and disposal (TSD) facilities. Emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph F Medical surveillance Medical exam before assignment Medical exam every 1–2 years thereafter Medical exam upon chemical exposure Medical exam upon leaving assignment U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph F Covered personnel are: Employees who are, or may become, exposed to hazardous substances at or above permissible exposure levels (PEL) for thirty or more days per year. Employees who wear respirators for thirty or more days per year. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph F Covered personnel are: Employees who are injured, become ill, or develop signs and symptoms due to a job related exposure. Members of hazardous materials response teams. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph G Hazards shall be controlled using: Engineering controls Work practices Personal protective equipment (PPE) Should be applied in this order to protect employees from exposure to hazardous substances and safety and health hazards. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph G PPE program components: PPE selection criteria that are based upon site hazards. How to use the PPE and limitations of the equipment. Work mission duration. PPE maintenance and storage. PPE decontamination and disposal. PPE training and proper fitting. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph G PPE program components: PPE donning and doffing procedures. PPE inspection prior to, during, and after use. Evaluation of the effectiveness of the program. Limitations during temperature extremes, heat stress, and other appropriate medical considerations. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Emergency response to Hazmat incidents Public safety agencies Private sector Emergency response plans Emergency response procedures U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Emergency Response Plans Preemergency planning and coordination with outside agencies. Personnel roles, lines of authority, training, and communication. Emergency recognition and prevention. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Emergency Response Plans Safe distances and places of refuge. Site security and control. Evacuation routes and procedures. Decontamination. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Emergency Response Plans Emergency medical treatment and first aid to exposed victims. Emergency alerting and response procedures. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Emergency Response Plans Critique of any previous hazardous materials incident responses and any follow-up actions. Personal protective equipment (PPE) and other emergency equipment. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Procedures should be developed for handling an emergency response. These response procedures require: Use of an incident command system (ICS). Identification of all hazardous substances and conditions present. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q These response procedures require: Implementation of appropriate emergency operations using the correct PPE. Use of SCBA until appropriate air monitoring has been performed. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Response procedures The buddy system must be used in the hot zone. Backup personnel must be available for rescue of hot zone personnel using the two-in/two-out rule. ALS personnel must be on standby with medical equipment and transport capability. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Response Procedures An experienced and knowledgeable safety officer must be appointed. The safety officer has the authority to terminate or alter emergency activities immediately and unilaterally. Decontamination procedures must be implemented Manufacturers SCBA bottles may be interchanged in certain situations. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Skilled support personnel Essential personnel without HAZWOPER certification may enter hot zone in an emergency if they receive a safety briefing: Instruction on use of appropriate PPE Chemical hazards involved Duties to be performed Example: heavy equipment operators U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Awareness level Employees Use DOT Emergency Response Guidebook (ERG) U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q RAIN: Recognize hazardous materials Self evacuation Isolation of area Notification of appropriate emergency response agency U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Operations Level Protect nearby persons and property and environment Defensive actions Without coming into contact with hazardous substance U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Technician Level Stop the hazardous materials release Offensive actions U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Have the ability to: Implement employer’s emergency response plan. Use field survey instruments to verify and/or determine the nature of the release. Function within the ICS. Select and use PPE. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Technician Level Understand hazard and risk assessment techniques. Perform advanced product control, containment and/or confinement techniques. Understand and implement decontamination procedures. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Technician Level Understand termination procedures. Understand basic chemical and toxicological terminology and behavior. U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Specialist Level Support technician level personnel Implement the local emergency response plan In-depth knowledge Develop site safety plan U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Incident Commander Level Assume control of hazmat incident Implement ICS Implement emergency response plan Know of state emergency response plan Know federal response capabilities Understand risks of working in PPE Understand importance of decontamination U.S. Occupational Safety and Health Administration HAZWOPER: Paragraph Q Medical surveillance Baseline physical exam according to Paragraph F Medical consultation upon chemical exposure U.S. Occupational Safety and Health Administration Respiratory Protection (29 CFR 1910.134) Protects employees from hazardous atmospheres Employer must provide respiratory protection Employer must provide training Employer must provide medical evaluation and fit testing U.S. Occupational Safety and Health Administration Hazard Communication (HAZCOM—29 CFR 1910.1200) This law requires: Employee right to know Employers must inform employees of hazardous chemicals in workplace Material Safety Data Sheets (MSDS) Health emergencies Spill response U.S. Environmental Protection Agency Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal Environmental Pesticide Control Act (FEPCA) Regulates sale, distribution and use of pesticides U.S. Environmental Protection Agency Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal Environmental Pesticide Control Act (FEPCA) Protection of human health and the environment Burden of proof on manufacturers Enforce compliance Regulatory framework U.S. Environmental Protection Agency FIFRA and FEPCA Pesticide Product Labeling System (PPLS) Label must contain: Name and address of the producer, registrant, or person for whom produced Restricted use statement (when required) Product name, brand, or trademark U.S. Environmental Protection Agency FIFRA and FEPCA Pesticide Product Labeling System (PPLS) Label must contain: Ingredient statement Signal word—including skull and cross bones (when required) “Keep Out Of Reach of Children” (KOOROC) U.S. Environmental Protection Agency FIFRA and FEPCA Pesticide Product Labeling System (PPLS) Label must contain: The cautionary statements—including hazards to humans and domestic animals EPA registration number EPA establishment number U.S. Environmental Protection Agency FIFRA and FEPCA Pesticide Product Labeling System (PPLS) Label must contain: Storage and disposal statements Referral statement to direction for use in booklet (when supplemental labeling is used) Net weight or measure of contents U.S. Environmental Protection Agency FIFRA and FEPCA Pesticide Label FIGURE 2-2 An example of the key features of pesticide labels. The EPA requires the inclusion of specific information that can be very helpful during hazardous materials emergencies. U.S. Environmental Protection Agency FIFRA and FEPCA EPA Registration Number 123–456–789 Manufacturer—Pesticide—Distributor Some pesticide registration numbers will not have a second dash and a distributor number U.S. Environmental Protection Agency FIFRA and FEPCA Signal words DANGER is used for the most highly toxic pesticides WARNING is used for moderately toxic pesticides CAUTION is used for less toxic pesticides U.S. Environmental Protection Agency Clean Air Act of 1970 (CAA) National air quality standards Criteria air pollutants Sulfur dioxide Nitrogen dioxide Ozone Carbon monoxide Lead Particulate matter U.S. Environmental Protection Agency Clean Air Act of 1970 (CAA) General welfare of the public U.S. Environmental Protection Agency Clean Water Act (CWA) Response and cleanup of emergency releases of chemicals into waterways Established: National Contingency Plan (NCP) National Response Team (NRT) U.S. Environmental Protection Agency Clean Water Act (CWA) National Oil and Hazardous Substances Pollution Contingency Plan (NCP) Federal response structure U.S. Environmental Protection Agency Clean Water Act (CWA) National Oil and Hazardous Substances Pollution Contingency Plan (NCP) Activities performed under NCP: Preparedness planning and coordination for response to hazmat discharge Notification and communications Response operations at the scene of a discharge or release U.S. Environmental Protection Agency Clean Water Act (CWA) Representatives from many agencies involved in hazardous materials response Operations Logistics Finance Chaired by the EPA Vice chaired by the U.S. Coast Guard U.S. Environmental Protection Agency Toxic Substances Control Act of 1976 (TSCA) Regulate the manufacture, distribution, use, and disposal of chemicals U.S. Environmental Protection Agency Toxic Substances Control Act of 1976 (TSCA) Warning labels: Name and address of the manufacturer Common name of the chemical Health hazards Environmental hazards Exposure hazards Actions to minimize any of the aforementioned hazards U.S. Environmental Protection Agency Resource Conservation and Recovery Act (RCRA) Cradle to grave regulation of hazardous waste Hazardous waste generator is financially liable Reduced illegal dumping Periodically tour and review RCRA waste sites in your jurisdiction U.S. Environmental Protection Agency Resource Conservation and Recovery Act (RCRA) RCRA requires: Properly characterize the waste Limits the time hazardous waste may be stored on their premises before disposal Dictates safe storage conditions Requires the use of hazardous waste manifests during transport U.S. Environmental Protection Agency Resource Conservation and Recovery Act (RCRA) RCRA requires: licensing of hazardous waste haulers regulates disposal facilities hazardous waste manifest must be returned to the original generator U.S. Environmental Protection Agency Resource Conservation and Recovery Act (RCRA) Waste classification categories: Universal Characteristic: Flammability Reactivity Corrosiveness Toxicity Listed U.S. Environmental Protection Agency Resource Conservation and Recovery Act (RCRA) Passed by Congress in response to several significant environmental disasters including: Love Canal in New York Valley of the Drums Brooks, Kentucky Chemical waste dumpsite from 1967 to 1977 U.S. Environmental Protection Agency Resource Conservation and Recovery Act (RCRA) Passed by Congress in response to several significant environmental disasters including: Valley of the Drums Tens of thousands of leaking 55-gallon drums In 1979 EPA started conducting cleanup operations under CWA and CERCLA U.S. Environmental Protection Agency Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) “Superfund” Authority for a federal response Liability for responsible party Established trust fund for cleanup operations Long-term and short-term operations U.S. Environmental Protection Agency Superfund Amendments and Reauthorization Act of 1986 (SARA) Title I—response and liability (HAZWOPER) Title II—miscellaneous provisions Title III—emergency planning and community right to know (EPCRA) Title IV—interior air quality research and radon U.S. Environmental Protection Agency Emergency Planning and Community Right-to-Know Act (EPCRA) Title III of SARA: Emergency planning (sections 301–303) Emergency release notification (section 304) U.S. Environmental Protection Agency Emergency Planning and Community Right-to-Know Act (EPCRA) Title III of SARA: Hazardous chemical inventory (sections 311 and 312) Toxic chemical release inventory (section 313) U.S. Environmental Protection Agency EPCRA Requires the formation of State Emergency Response Committees (SERC) Requires the formation of Local Emergency Planning Committees (LEPC) U.S. Environmental Protection Agency EPCRA Local Emergency Planning Committees (LEPCs) are comprised of local stakeholders: Industry Public safety Nonprofit organizations Review the emergency response plan on an annual basis U.S. Environmental Protection Agency Oil Pollution Act (OPA) Regulates the petroleum industry Producers Carriers Refineries Must develop emergency response plans, training programs, exercises, and have adequate spill resources available Funded by tax on oil U.S. Department of Transportation Hazardous Materials Regulations (HMR) U.S. DOT regulates hazardous materials during transport 49 CFR Parts 100 to 185 U.S. Department of Transportation Hazardous Materials Regulations (HMR) Hazardous materials shipments must be: Properly characterized Safely packaged Appropriately marked and labeled Accompanied by shipping papers during transportation U.S. Department of Transportation The Hazardous Materials Regulations Placards Table 1 materials must be placarded in any quantity Table 2 materials must be placarded when the aggregate gross weight of all hazardous materials in the non-bulk packages is over 454 kg (1,001 lbs) U.S. Department of Transportation The Hazardous Materials Regulations Placards Illegal to place a label on a package or a placard on a vehicle if it does not contain that hazardous material during transportation U.S. Department of Transportation The Hazardous Materials Regulations Placards: Table 1 Materials FIGURE 2-3 DOT placarding requirements: Table 1 materials must be placarded in any quantity, and Table 2 materials must be placarded when more than 1001 pounds of the material is being transported. Courtesy of the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration. FIGURE 2-3 (continued) DOT placarding requirements: Table 1 materials must be placarded in any quantity, and Table 2 materials must be placarded when more than 1001 pounds of the material is being transported. Courtesy of the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration. U.S. Department of Transportation The Hazardous Materials Regulations U.S. DOT Employees Receive initial training that at a minimum includes: General awareness/familiarization training Function-specific training Safety training U.S. Department of Transportation The Hazardous Materials Regulations U.S. DOT Employees Receive initial training that at a minimum includes: Security awareness training In-depth security training (when applicable, on the written transportation security plan of the employer) U.S. Department of Transportation Global Harmonization System (GHS) Reduce inconsistencies between United States and international hazmat regulations FIGURE 2-4 An example of the sometimes drastic differences in placarding regulations in the United States versus in Europe. In the United States anhydrous ammonia is placarded as a nonflammable gas (left); in Europe it is placarded as a poisonous and corrosive gas (right). Photos courtesy of Chris Weber, Dr. Hazmat, Inc. U.S. Department of Transportation Examples of GHS Changes: Proper shipping names Hazard classes Packing groups Special provisions Packaging authorizations Air transport of limited quantities Vessel stowage requirements U.S. Department of Transportation Global Harmonization System (GHS) GHS Pictograms FIGURE 2-5 Nine labels used to identify hazardous materials in the Global Harmonization System (GHS). Top row: explosive (left), flammable (middle), and oxidizer (right). Middle row: compressed gas (left), corrosive (middle), and poison (right). Bottom row: the cautionary symbol used for multiple hazards (left), the health hazard symbol used for such materials as carcinogens (middle), and environmental hazards (right). As a hazardous materials technician you will soon encounter these labels much more often as global harmonization becomes more widespread. Art by David Heskett. U.S. Department of Transportation Federal Aviation Administration (FAA) FAA Temporary Flight Restrictions in the Vicinity of Disaster/Hazard Areas (14 CFR 91.137) Temporarily close the airspace above and near the location of the hazardous materials release Accredited news representatives have been excepted from this rule (although they must file a flight plan) National Fire Protection Association (NFPA) Provides a “standard of care” NFPA 472 (2008 edition) Guidance for fire service and law enforcement personnel responding to hazardous materials and WMD incidents NFPA 473 (2008 edition) Guidance to emergency medical service personnel responding to hazardous materials and WMD incidents ASTM, ANSI, and other Standards Organizations ASTM International American National Standards Institute (ANSI) American Petroleum Institute (API) Formed to increase safety, standardize procedures, and generally improve the efficiency of business and industry Liability Arises out of your actions at a hazardous materials emergency when your actions are negligent or criminal in nature Gross negligence occurs when an individual acts in an outrageously negligent manner Liability Negligence: A duty to act, and a failure to do so—hazmat technicians as part of the hazardous materials response team automatically have a duty to act Failure to conform to the generally accepted standard of care (such as HAZWOPER and NFPA 472) A loss or damage was suffered due to the allegedly negligent actions Liability Types of Liability: Vicarious liability—when one person or agency is responsible for the actions of another person Liability Types of Liability: Respondeat superior—when the employer is responsible for the actions of the employee; however, if the employee acts outside of the scope of employment the employee may be personally liable for their negligent actions Liability Types of Liability: Joint and several liability—allows the victim to recover damages from all responsible parties Landowner liability—property owners are responsible for damages arising out of the use of that property, such as poorly maintained or defective equipment Liability Criminal Liability: Laws are violated and thereby a criminal act is committed Very unusual for emergency response personnel Common Law Nuisance—an activity that interferes with the use of private property (private nuisance) or interferes with public health and safety (public nuisance) Liability Criminal Liability: Very unusual for emergency response personnel Common Law Negligence—a wrongful act that causes damage or injury; the act can be willful or negligent Statutory Liability—accountability imposed through federal, state, and local laws and ordinances Summary Hazardous materials and WMD incident response is dangerous Regulations and standards are in place to protect hazmat technicians and the public: OSHA EPA DOT NFPA