Miosha michigan Occupational Safety and Health Administration Department of Licensing and Regulatory Affairs agency instruction




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MIOSHA

Michigan Occupational Safety and Health Administration

Department of Licensing and Regulatory Affairs


AGENCY

INSTRUCTION

DOCUMENT IDENTIFIER:

MIOSHA-STD-08-2R1



DATE: February 24, 2012

SUBJECT: Inspection Guidelines for Post-Emergency Response Operations Under Part 432, Hazardous Waste Operations and Emergency Response, R 325.52101 et seq.




ABSTRACT



I.Purpose:

This instruction provides procedures for ensuring uniform enforcement of post-emergency response training requirements specified by Occupational Health Standard, Part 432. Hazardous Waste Operations and Emergency Response.

II.Scope:


This instruction applies to General Industry Safety and Health Division (GISHD) and Construction Safety and Health Division (CSHD) enforcement operations.

III.References:

  1. General Industry Safety Standard Part 6. / R408.10601 et seq., Fire Exits.

  2. General Industry Safety Standard Part 92. / R408.19201 et seq., Hazard Communication.

  3. Michigan Occupational Safety and Health Act, R408.1001 et seq., P.A. 154 of 1974, as amended.

  4. MIOSHA Field Operations Manual (FOM), as amended.

  5. Occupational Health Standard Part 430. / R325.77001 et seq., Hazard Communication.

  6. Occupational Health Standard Part 432. / R325.52101 et seq., Hazardous Waste Operations and Emergency Response.

  7. Occupational Health Standard, Part 451. / R325.60051 et seq., Respiratory Protection.

  8. Occupational Safety and Health Administration (OSHA) Instruction CPL 02-02-051, November 5, 1990, Inspection Guidelines for Post-Emergency Response Operations under 29 CFR 1910.120.

IV.Distribution:

MIOSHA Staff; OSHA Lansing Area Office; General; S-drive Accessible; MIOSHA Weekly; and Internet Accessible.

V.Cancellations:

All previous versions of this agency instruction.

VI.History:

History of previous versions include:


MIOSHA-STD-08-2, August 26, 2008.

VII.Contact:

Adrian Rocskay, Director, GISHD and Patricia Meyer, Director, CSHD

VIII.Originator:


Barton G. Pickelman, Deputy Director

Michigan Occupational Safety and Health Administration



Executive Summary

In August 2008, MIOSHA adopted Agency Instruction MIOSHA-STD-08-2 Inspection Guidelines for Post-Emergency Response Operations Under Part 432, Hazardous Waste Operations and Emergency Response, R 325.52101 et seq., (HAZWOPER) to provide procedures for ensuring uniform enforcement of post-emergency response training requirements specified by Occupational Health Standard, Part 432, Hazardous Waste Operations and Emergency Response. This instruction applies to GISHD and CSHD enforcement operations, and includes policy and guidance to assist GISHD and CSHD staff in accurately and efficiently enforcing the HAZWOPER standard.



Significant Changes

Added a new statement in the instruction referencing OSHA CPL-02-02-051.



I.Purpose. This instruction provides procedures for ensuring uniform enforcement of post-emergency response training requirements specified by Part 432, Hazardous Waste Operations and Emergency Response Standard.

II.Scope. This instruction applies to General Industry Safety and Health Division (GISHD) and Construction Safety and Health Division (CSHD) enforcement operations.

III.References.

A.General Industry Safety Standard Part 6. / R408.10601 et seq., Fire Exits.

B.General Industry Safety Standard Part 92. / R408.19201 et seq., Hazard Communication.

C.Michigan Occupational Safety and Health Act, R408.1001 et seq., P.A. 154 of 1974, as amended.

D.MIOSHA Field Operations Manual (FOM), as amended.

E.Occupational Health Standard Part 430. / R325.77001 et seq., Hazard Communication.

F.Occupational Health Standard, Part 432. / R325.52101 et seq., Hazardous Waste Operations and Emergency Response.

G.Occupational Health Standard Part 451. / R325.60051 et seq., Respiratory Protection.

H.Occupational Safety and Health Administration (OSHA) Instruction CPL 02-02-051, November 5, 1990, Inspection Guidelines for Post-Emergency Response Operations Under 29 CFR 1910.120.

IV.Distribution. MIOSHA Staff; OSHA Lansing Area Office; General; S-drive Accessible; MIOSHA Weekly; and Internet Accessible.

V.Cancellations. All previous versions of this instruction.

VI.History. History of previous versions include:


MIOSHA-STD-08-2, August 26, 2008.

VII.Contact. Adrian Rocskay, Director, GISHD and Patricia Meyer, Director, CSHD

VIII.Originator. Barton G. Pickelman, Deputy Director, Michigan Occupational Safety and Health Administration.

IX.Background. A final standard for Occupational Health Standard, Part 432. Hazardous Waste Operations and Emergency Response (HAZWOPER, R 325.52101 et seq.) became effective October 31, 1991, and was amended February 7, 2000. This standard regulates worker safety and health during post-emergency response operations, in addition to many other requirements. In 1995, federal OSHA established a guideline (CPL 02-02-051, November 5, 1990, Inspection Guidelines for Post-Emergency Response Operations Under 29 CFR 1910.120) that is comparable to this instruction.

A.The standard defines post-emergency response as: “…that portion of an emergency response, which is performed after the immediate threat of a release has been stabilized or eliminated and clean-up of the site, has begun. If post-emergency response is performed by an employer’s own employees who were part of the initial emergency response, it is considered to be part of the initial response and not post- emergency response. However, if a group of an employer’s own employees that is separate from the group that provides the initial response performs the clean-up operation, then the separate group of employees is considered to be performing post-emergency response and is subject to the provisions of R 325.52135.”

B.The employer conducting the clean-up must comply with all the requirements in R325.52104 – 325.52128 of the standard [R 325.52135(1)(a)] unless the clean-up is done on plant property using plant or workplace employees. The requirements under R325.52104 – 325.52128 of the standard specify a minimum of 24 hours of off-site training. However, if the clean-up is done on plant property using plant or workplace employees, the employer may instead comply with the training requirements of Part 451. Respiratory Protection; 29 CFR 1910.38; Part 6. Fire Exits, Rule 623; Part 92 and Part 430, Hazard Communication 1910.1200 (h); and MIOSH Act 1974, Section 14a - 14m, and any other appropriate training made necessary by the tasks they are expected to perform [R 325.52135(1) (b)].

C.Based on OSHA’s experience in applying the federal HAZWOPER rules during oil spills off the coasts of Texas, Alaska, and California, the hazards to employees vary widely in severity of potential injury or illness. For job duties and responsibilities with a low magnitude of risk, fewer than 24 hours of training may be appropriate for these post-emergency clean-up workers. The United States Coast Guard and other concerned parties have requested flexibility in the amount of employee training required for petroleum spill clean-ups and other types of clean-up operations which follow emergency situations. Therefore, it is MIOSHA’s expectation that though the number of hours of training may vary, a minimum of four (4) hours would be appropriate in most situations. Moreover, petroleum spills are unique in that many people who assist in the clean-up operations may not engage in this activity on a recurring basis. In addition, for maximum protection of the environment, petroleum spills dictate clean-up must be completed as soon as possible.

X.Enforcement Guidelines.

A.Policy Background. If an employer complies with the clear intent of a standard but deviates from the particular requirements in a manner that has no direct or immediate relationship to employee safety or health, MIOSHA’s Field Operations Manual (FOM) directs that such a violation be characterized as de minimis. Citations are not issued for de minimis violations. The FOM, Chapter VI. II. B.8., states: A violation worksheet will not be completed for de minimis violations, except for those violations directly related to a complaint item. For those de minimis violations, a “De Minimis Notice of Violation” will be issued to the employer.

B.Policy. Compliance with the intent of the training requirements of R 325.52135(1)(a) is achieved when an employer provides sufficient training as outlined in paragraph X. C. below, but the exact specifications of OSHA standards are not met (e.g., the specific number of hours required by the standard is not given). In such cases a de minimis violation exists and no citation will be issued. Violations of R 325.52135(1) (a) can be abated by compliance with the criteria specified in IX.C. of this instruction.

C.De Minimis Criteria. All of the following criteria must be met in order to classify violations of the training requirements of R 325.52135(1) (a) as de minimis:

1.Clean-up is performed in an area that has been monitored and fully characterized by a qualified person indicating that exposures are presently, and can be expected to remain, under permissible exposure limits and other published exposure limits;

2.Health risks from skin absorption are minimal;

3.Employees have completed the training requirements of Part 451, Respiratory Protection; 29 CFR 1910.38(a); General Industry (GI) Part 6, Fire Exits, R 623; R 408.41801 et seq.; and Parts 92 and 430, Hazard Communication, Rule 19101200(h); P.A. 154 of 1974, Section 14a – 14m and any other appropriate training made necessary by the tasks they are expected to perform;

4.Employees have completed other safety and health training made necessary by the tasks they are expected to perform such as, but not limited to, operating procedures, decontamination procedures, water safety, hypothermia, heat stress, and safety hazard controls;

5.There is adequate on-site supervision by an individual who meets the training requirements of R 325.52110(5); and

6.All equipment that is used in the clean-up of the site is in serviceable condition and is inspected before use.




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