1. OSHA and Emergency Response
The Occupational Safety and Health Administration (OSHA) addresses responsibilities for employers with regards to disaster preparedness and response in several OSHA standards.
The following OSHA standards require employers to address emergency preparedness in some way:

2. OSHA’s Emergency Action Plans
Emergency Action Plans (29 CFR (a))
The OSHA Etool on Emergency Action Plans can be found here.

3. (a)
Employer’s requiring some employees to use portable fire extinguishers and others to evacuate
Employers who must supply portable fire extinguishers but require their employees to evacuate only
Employers who require employees to evacuate during certain emergencies e.g. total area flooding or, evacuation during a release of a toxic substance Ref: (q)
Specific health standards –

4. OSHA’s Emergency Action Plans
Businesses that deal with hazardous substances (such as Ethylene Oxide , Methylenedianiline , or Butadiene ), or that are subject to the provisions of the Process Safety Management of Highly Hazardous Chemicals , Hazardous Waste Operations , or Grain Handling standards may also need to develop an emergency action plan in compliance with 29 CFR (a) .

5. OSHA’s Emergency Action Plans
Emergency action plans and rescue provisions can also be found in the standards covering Permit Required Confined Spaces (29 CFR ), Fire Brigades (29 CFR ), and Hazard Communication (29 CFR ).

6. OSHA’s Directive CPL 02-02-073
OSHA CPL was issued April 24, 1998.
This instruction updates enforcement procedures for compliance officers who need to conduct inspections of emergency response operations.

7. National Response Plan and OSHA’s Role
New guidance is provided on how the HAZWOPER standard may apply to unique events such as terrorist attacks and addresses OSHA's role under the National Response Plan.
This instruction assists other Federal, State, and local personnel who have responsibilities under incident command systems and will assist in emergency response operations.

8. OSHA’s Role Under HSPD-5
OSHA's relationship with Homeland Security Presidential Directive (HSPD-5), including discussion addressing the National Response Plan (NRP), the Worker Safety and Health Support Annex, and the National Incident Management System (NIMS).

9. Some Basic OSHA Expectations
Employee protection is priority # 1
Fully consider the widest range of worst case scenarios when deciding your emergency actions
As the employer expects more from its employees, OSHA expects more of the employer
Plan, communicate and train --- train, communicate and plan
OSHA is not interested in proprety protection unless it is linked to employee safety or health
OSHA has a wide range of choices on how to respond to emergencies….From total immediate evacuation to full scale fire fighting. The more you want your employees to do to mitigate to preserve your facility, the more you have to do to protect your employees Perform hazard analysis
Your plans are your only defense. Emergencies will occur. In the hour that I stand up here during this presentation, 12 people will be killed by accident and another will suffer a disabling injury. \
No matter what you decide to do- it is imperative that you full communicate your expectations to your employees – over and over again. In the event of an emergency where something goes wrong or someone is hurt you want to be able to show that the employee acted contrary to the training provided… document everything and make it real
The last bullet is not a mistake – training exercises reveal opportunities for improvement – once identified the cycle should start over and repeat itself

10. So What Constitutes a Workplace Emergency?
Webster - an unforeseen combination of circumstances or the resulting state that calls for immediate action
An unexpected and uncontrolled event that has seriously harmed or threatens harm to workers
any potential occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous chemical into the workplace
Merriam Webster Unabridged Collegiate
OSHJA does not define emergency. It does define “emergency response” in Note the terms uncontrolled and unexpected. The version here is one a hybrid of mine based upon my experience interpreting standards and working with solicitors in preparation for trial
The following standards may impact your decision process; .36, .37, , 157, 120q., .119., 1047, .160, impact your decisions on how your employees respond and what they need to respond.
Medical emergency and, fire is the two t most common workplace emergencies. For most employers they are reasonably anticipated. How do you respond “portable fire extinguishers”, a fire brigade, complete evacuation or a combination of these. It is up to you. Once you decide on the level of your employees involvement you are required to adhere to the standards that apply, Other Examples are: toxic chemical releases; hurricanes; tornadoes; blizzards; floods; earthquakes and others
THESE ARE MINIMAL STANDARDS.

11. Fundamentals 29 CFR 1910.36 and 37 (emergency egress)
Sufficient # for the occupancy
Exit ways and access thereto are unobstructed
Exit ways and access thereto are clearly marked
Exit signs are visible at night
Emergency lighting is supplied when needed
OSHA is the authority having jurisdiction
Founded in 1915, Building Officials and Code Administrators International, Inc., is a nonprofit member- ship association, comprised of more than 16,000 members who span the building community, from code enforcement officials to materials manufacturers.
Cannot be blocked or locked
Open garage doors that are motorized and cannot be opened by hand are not exits. Garage doors are not normally approved exits.
Exits have to lead to a safe place – not a roof with no way off, not a dead end alley and not a another high hazard occupancy.

12. Fundamentals 1910.151 requires the availability of emergency first aid
Requires emergency body and eyes flushing where contact with corrosives can occur
– requires “appropriate first-aid supplies” when employees work with dipping and coating chemicals
Court cases have held that the time frame for “near proximity” is 3-4 minutes when there is reasonable anticipation of a workplace emergency
must have trained first aiders –
These facilities must provide at least 15 minutes of uninterrupted flow of water
The key words here are immediate and corrosive. Immediate means that or not longer than 10 seconds.
Remember –someone blinded by a chemical splash will be disoriented. They will need help getting to the drenching facilities. The water should become a deterrent to the use of the station
The units should be designed to operate instantly and not freeze in the winter. They should be periodically checked
HF exposure 80% HF acid – full frontald upper body splash about 10% of the body – inoperable shower – no calcium gluconatge gel - worker was dead before he got the hospital, there were no specialized first aid supplies available, no properly working shower and he was not properly protected (h)(3)
Appropriate first-aid supplies that are located near the dipping or coating operation; and

13. Designated First Aid Responders
– addresses protection required against blood borne pathogens - your designated and collateral duty first aiders are covered
ECP
Training on Universal Precautions and the standard
HBV vaccinations and post exposure follow-up
Collateral Duty Exception
Designated by you.- the employer
Employees acting without designation and knowingly outside your aegis are not covered however … this is dicey. If you know that you have emts who will respond and your expectation is that they shouldn’t then you must communicate that to them.. Otherwise if they act with tacit approval they will be covered.
Talk about the importance of ensuring that the employees know where they stand. Do not assume. In the absence of a written plan and other documentation, if an employee thinks his job is to render first aid then they are defacto covered.
Lets say you have a forklift drive who is also an EMT. This person is not designated as a first aider but you would like that person to respond. This person is subject to the standard except for the prophylactic administration of the HBV vaccine

14. Personal Protective Equipment
OSHA Subpart I –
Assess your emergency plan to ensure that PPE needs have been anticipated
Provide the required PPE
Train and re-train employees (as necessary) on its use, maintenance and limitations
Verify and then certify that training was completed
(f)(3)
When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (f)(2) of this section, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where:
(f)(3)(i)
Changes in the workplace render previous training obsolete; or
(f)(3)(ii)
(f)(3)(ii)
Changes in the types of PPE to be used render previous training obsolete; or
(f)(3)(iii)
Inadequacies in an affected employee's knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill.
(f)(4)
The employer shall verify that each affected employee has received and understood the required training through a written certification that contains the name of each employee trained, the date(s) of training, and that identifies the subject of the certification.
(g)
Paragraphs (d) and (f) of this section apply only to , , , and Paragraphs (d) and (f) of this section do not apply to and
[39 FR 23502, June 27, 1974, as amended at 59 FR 16334, April 6, 1994; 59 FR 33910, July 1, 1994; 59 FR 34580, July 6, 1994]
Eye and face protection
Head protection
Occupational foot protection
Hand Protection

15. Emergency Use Respiratory Protection
Written program
Provide a respirator for the worst case anticipated use
Inspect emergency use respirators monthly
Inspections must include certification
Date, signature, findings, S/N and any actions taken e.g. “Tank filled”
Train employees on emergency use
Medically evaluate employees

16. Broad Scope Emergency Standards
Employee emergency response plans: (a)
Does your plan include evacuation?
Is it required by a specific OSHA standard?
If so, you must follow this standard
The elements are an excellent starting point for all evacuation plans
Emergency escape procedures and emergency escape route assignments;
Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;
Procedures to account for all employees after emergency evacuation has been completed;
(a)(2)(iv)
Rescue and medical duties for those employees who are to perform them;
The preferred means of reporting fires and other emergencies; and
)(2Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan.
"Alarm system."
The employer shall establish an employee alarm system which complies with
If the employee alarm system is used for alerting fire brigade members, or for other purposes, a distinctive signal for each purpose shall be used.
"Evacuation." The employer shall establish in the emergency action plan the types of evacuation to be used in emergency circumstances.
"Training."
Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.
(a)(5)(ii)
The employer shall review the plan with each employee covered by the plan at the following times:
Initially when the plan is developed,
Whenever the employee's responsibilities or designated actions under the plan change, and
Whenever the plan is changed.
The employer shall review with each employee upon initial assignment those parts of the plan which the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review. For those employers with 10 or fewer employees the plan may be communicated orally to employees and the employer need not maintain a written plan.

17. BEFORE the Emergency Occurs
Plan safe evacuation for the range of anticipated emergencies
Assign roles to execute the plan
Identify the means to report emergencies
Prepare written plan that describes roles and evacuation procedures
Train employees on the plan and assigned roles
Implement and alarm system per
Coordinate with outside responders as necessary
Document your efforts, meeting minutes, training records, disciplinary actions - employee declinations

18. During an Emergency
If your planning and preparation is deficient, your response certainly will be….
The larger, more newsworthy the event, the more likely OSHA will be there
OSHA will normally inspect the management of both the emergency crisis and its consequence
The more reasonably anticipated the emergency, the higher the expectation that the employer will respond appropriately
OSHA will help manage the risks between a successful rescue and the rescuer’s safety.
If your facility manufactures paint, you should have a well defined and communicated and practiced plan to deal with a fork lift puncture of 55 gal of MEK, or a fire emergency as opposed to a deliberate act of sabotage .e.g. a bomb exploding in the plant
OSHA does not expect that an employer can anticipate an act of terrorism. It is for now beyond the scope of “reasonably anticipated” and is otherwise not covered by OSHA standards. AT THIS TIME!

19. Broad Scope Standards cont.
Hazardous Waste Operations & Emergency Response: (q)
Applies anywhere an emergency chemical release can occur
All Haz-Mat responders are covered
Performance Oriented
Elements of an emergency response plan. The employer shall develop an emergency response plan for emergencies which shall address, as a minimum, the following areas to the extent that they are not addressed in any specific program required in this paragraph:
Pre-emergency planning and coordination with outside parties..
Personnel roles, lines of authority, training, and communication.
Emergency recognition and prevention.
Safe distances and places of refuge.
Site security and control.
Evacuation routes and procedures.
Decontamination.
Emergency medical treatment and first aid.
Emergency alerting and response procedures.
(q)(2)(x)
Critique of response and follow-up.
PPE and emergency equipment.
Emergency response organizations may use the local emergency response plan or the state emergency response plan or both, as part of their emergency response plan to avoid duplication. Those items of the emergency response plan that are being properly addressed by the SARA Title III plans may be substituted into their emergency plan or otherwise kept together for the employer and employee's use.
State and municipal employees (e.g., EMS/Fire Service employees) are covered by the standard in those states which operate their own Federally-approved state OSHA program. In those states under Federal OSHA, the Environmental Protection Agency (EPA) regulates State and local employees, including volunteers, under 40 CFR 311.

20. Prior to the Haz-Mat Emergency
(q) requires…
A written plan, available upon request to OSHA that considers….
Pre-planning and coordination w/outside parties
Identified personnel roles, lines of authority, training and communication e.g. the ICS system
Training on emergency recognition and prevention
Safe Distances and Refuge

21. .120(q) continued Site security and control
Evacuation Routes and Procedures
Decontamination
Emergency Medical Treatment + First Aid
Critique of Response and Follow-Up
PPE and Emergency Equipment

22. During a Haz-Mat Emergency
Based on the hazardous substances and/or conditions present, the individual in charge of the ICS shall implement appropriate emergency operations, and assure that the personal protective equipment worn is appropriate for the hazards encountered……
IC can appoint a safety officer to oversee personnel safety
ICS system – See Appendix C
1st Responder Awareness – 4hrs
1st Responder Operations – 8hrs
Haz. Mat Tech – 24hrs
Haz Mat. Specialist –24 hrs
On Scene Incident Commander –24 hrs- overall coordinator

23. Emergency Haz-Mat Roles During an Emergency
The roles that you decide for your employees determine their level of involvement and the amount of training
First responder Awareness – Determines if ER needed and notify
First responder Operations – Protect – Contain - Exclusion Zone
Hazardous Materials Tech. – Control at source + Remediation
Hazardous Materials Specialist –could be the “Safety Officer” – liaison with outside responders
Incident Commander Level – has Operations Level Training with authoritative and unilateral decision making ability

24. Emergencies at Plants Covered by 1910.119
Focuses on preventing accidental releases.
The employer must establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR (a).
The emergency action plan shall include procedures for handling small releases.
Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR (a), (p) and (q).
.119 requires the training of on-site contractors.
Employers will need to decide if they want employees to handle and stop small or minor incidental releases. Whether they wish to mobilize the available resources at the plant and have them brought to bear on a more significant release. Or whether employers want their employees to evacuate the danger area and promptly escape to a preplanned safe zone area, and allow the local community emergency response organizations to handle the release. Or whether the employer wants to use some combination of these actions. Employers will need to select how many different emergency preparedness or tertiary lines of defense they plan to have and then develop the necessary plans and procedures, and appropriately train employees in their emergency duties and responsibilities and then implement these lines of defense.
Employers at a minimum must have an emergency action plan which will facilitate the prompt evacuation of employees when an unwanted release of highly hazardous chemical. This means that the employer will have a plan that will be activated by an alarm system to alert employees when to evacuate and, that employees who are physically impaired, will have the necessary support and assistance to get them to the safe zone as well. The intent of these requirements is to alert and move employees to a safe zone quickly. Delaying alarms or confusing alarms are to be avoided. The use of process control centers or similar process buildings in the process area as safe areas is discouraged. Recent catastrophes have shown that a large life loss has occurred in these structures because of where they have been sited and because they are not necessarily designed to withstand over-pressures from shockwaves resulting from explosions in the process area.
Unwanted incidental releases of highly hazardous chemicals in the process area must be addressed by the employer as to what actions employees are to take. If the employer wants employees to evacuate the area, then the emergency action plan will be activated. For outdoor processes where wind direction is important for selecting the safe route to a refuge area, the employer should place a wind direction indicator such as a wind sock or pennant at the highest point that can be seen throughout the process area. Employees can move in the direction of cross wind to upwind to gain safe access to the refuge area by knowing the wind direction.
If the employer wants specific employees in the release area to control or stop the minor emergency or incidental release, these actions must be planned for in advance and procedures developed and implemented. Preplanning for handling incidental releases for minor emergencies in the process area needs to be done, appropriate equipment for the hazards must be provided, and training conducted for those employees who will perform the emergency work before they respond to handle an actual release. The employer's training program, including the Hazard Communication standard training is to address the training needs for employees who are expected to handle incidental or minor releases.

25. Site Security Assess your liabilities and risks
Identify your soft underbelly and firm it up
The greater the consequence, the greater the need for security
Develop a security culture – employees and contractors
Develop a strong working relationship with local police and first responders
Site Security Guidelines for the U.S Chemical Industry
Partnership between the ACC, Chlorine Institute, Synthetic Organic Chemical Mfgs. Associations- 10/21

26. Miscellaneous Emergency Related Issues
Confined Spaces – Emergency Rescue
Significant Spills must be reported to the NRC
Employers must report any worker fatality within 8 hours and any amputation, loss of an eye, or hospitalization of a worker within 24 hours.

27. Protecting Emergency Responders, Volume 1: Lessons Learned from Terrorist Attacks
Protecting Emergency Responders: Lessons Learned from Terrorist Attacks, sponsored by the National Institute for Occupational Safety and Health (NIOSH), summarizes the results of a conference held in New York City on Dec. 9-11, 2001, and organized by the RAND Science and Technology Policy Institute. Participants were emergency workers from around the country who responded to the bombing of the Alfred E. Murrah Building in Oklahoma City, the September 11th attacks on the World Trade Center and the Pentagon, and the anthrax incidents that occurred during autumn 2001.

28. Protecting Emergency Responders, Volume 2: Community Views of Safety and Health Risks and Personal Protection Needs
Firefighters, law enforcement officers, and emergency medical service responders play a critical role in protecting people and property in the event of fires, natural and man-made disasters, medical emergencies, terrorist and other criminal acts, and numerous other types of emergencies.
The authors examine the hazards that emergency responders face and the personal protective technology needed to contend with those hazards.

29. Protecting Emergency Responders, Volume 3: Safety Management in Disaster and Terrorism Response
This study provides recommendations for preparing for response to such disasters and other large-scale incidents.
It uses literature review, study interviews with members of the response community, and information gathered at the RAND Corporation-National Institute for Occupational Safety and Health workshop Protecting Emergency Responders: Safety Management in Major Disaster and Terrorism Response in Arlington, Va., on February 27, 2003.

30. Protecting Emergency Responders, Volume 4: Personal Protective Equipment Guidelines for Structural Collapse Events
This monograph serves as a technical source for National Institute for Occupational Safety and Health (NIOSH) incident commander guidelines for emergency response immediately following large structural collapse events.
It characterizes response activities and expected hazards, and develops guidelines for selecting appropriate personal protective equipment (PPE).