OSHAs Responsibilities

The act directs OSHA to develop and issue standards though a public rule-making process. Employers must comply with those standards as they would with any statutory requiranent. 

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OSHA response to CSB interrogatory for the reactive chemical hazard investigation, June 6, 2001. 

OSHA response to CSB interrogatory for the reactive chemical hazard investigation, June 6, 2001. OSHA response to CSB interrogatory for the reactive chemical hazard investigation, June 6, 2001. 

OSHA further addresses this issue in several Letters of Interpretation (LOI). In the first, dated April 27, 2000, an employer asks whether or not the minimum width of any way of exit access must be at least 28 inches in width. OSHA response is yes . Also, in a November 15, 1993 LOI in which a company asks whether the width of a doorway that is 27 5/8 inches wide is in compliance with the above requirement, OSHA s response is that ...the deficit of 3/8 inch (0.9 cm) in width would be considered a de minimis violation having no adverse impact on the safety and health of employees. ... 

Federal OSHA will evaluate the complaint and then notify the worker in writing of its decision. If the filer of a CASPA is not happy with OSHAs response, a written request for a reevaluation should be sent to the nearest OSHA area office. 

The two main federal agencies involved in the protection of human health and the environment are the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA). EPA s principal concern is the protection of the environment, in most cases, the area outside of an industrial faciUty. There are 10 regional offices that carry out the regulatory functions of the agency (Table 1). Primary laws covered by EPA are the Clean Air Act Amendments (CAAA), the Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and LiabiUty Act (CERCLA), Toxic Substances Control Act (TSCA), and Eederal Insecticide, Eungicide, and Rodenticide Act (FIFRA). 

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Superfund Amendment and Reauthorization Act Title III (STkRA Title III) Occupational Safety and Health Act (OSHA)... 

The ultimate responsibility for safety rests with me operating company OSHA 1910.119 is clear on this. Each company is expected to develop (and enforce) its own practices in the design, installation, testing, and maintenance of safety systems. Fortunately, some companies make these documents public. Monsanto s Safety System Design Practices was published in its entirety in the proceedings of the International Symposium and Workshop on Safe Chemical Process Automation, Houston, Texas, September 27-29, 1994 (available from... 

Hazardous Wastes When hazardous wastes are generated, special containers are usually provided, and trained personnel (OSHA 1910.120 required such workers to have HAZWOPER training) are responsible (or should be) for the handling of these wastes. Hazardous wastes include solids, sludges, and hquids hence, container requirements vary with the form of waste. 

The toller needs to be familiar with all raw materials, intermediate materials, products and wastes, used, produced or generated, respectively, while operating the process. Tollers in the U.S. should comply with the Federal OSHA Hazard Communication Standard, codified as 29 CFR. 1910.1200 and any similar state right-to-know laws that are currently in force or may be enacted during the term of the contract. This is often stated in the contract. The contract may require the toller to inform its employees of the chemical hazards associated with products or chemicals and may also be responsible for training its employees in the proper handling methods. The toller has an obligation when in doubt about a product or chemical, to seek further information from the product s manufacturer. 

This section provides an overview of important definitions and terminology that the Hazardous Materials Worker and Emergency Response Personnel should know. Emergency response at sites other than hazardous waste clean-up sites are emphasized. Under OSHA s 29 CFR1910.120 emergency response personnel (that will take some action to control the situation other than call for help) shall be trained to a competence to protect themselves and other employees in ... 

Any site-related activities such as bench-scale laboratory and R D activities should comply with the OSHA Laboratory Standard (29 CER 1910.1450). R D activities involving pilot- or full-scale field operations should comply with HAZWOPER when there is reasonable possibility for worker exposure to hazardous wastes or substances or emergency response. 

The use of proper PPE is an integral part of many jobs when dealing with hazardous waste. OSHA standard 1910.132 of 1998 requires an assessment be eondueted to determine the appropriate PPE for eyes, faee, head, and extremities whenever hazards eneountered are eapable of eausing injury or impairment in the funetion of any part of the body through absorption, inhalation, or physieal eontaet. Aeeording to the PPE standard, it is the employer s responsibility to determine if hazards are present (or likely to be present). If the employer determines that hazards are present, the employer should ehoose the types of PPE that will proteet affeeted employees from the hazards identified in the hazard assessment [1]. 

A little-known seetion of the OSHA aet applies to the employees (5 (b)) Eaeh employee shall eomply with oeeupational safety and health standards and all rules, regulations, and orders issued pursuant to this Aet that are applieable to his own aetions and eonduet. Usually the employees do not assume the responsibility for their aetions. 

Wliether a standard exists or not, eompanies should realize that operating safely is a responsibility of any eorporation and is a part of the eost of doing business. They should realize that operating safely does not rest on the shoulders of government regulation. After all, OSHA standards are minimum performanee standards and do not always offer the solution for eaeh situation. It is up to eaeh employer to develop the appropriate solutions to any identified hazards. 

Although OSHA regulations and industry standards have begun to address proteetive elothing and its proper use, the responsibility lies with the buyer for seleeting the appropriate type and style of PPE to mateh the job-speeifie hazards to proteet the worker. Wlien purehasing PPE the eonstruetion and quality of the equipment should be kept in mind as well as the regulatory standards that should be met, the eomfort and produetivity of the worker involved, and the disposability of the equipment after it has been eontaminated. The eheapest is not always the best. 

An OSHA emergency response plan (ERP) is a written plan to prepare for and handle anticipated emergencies prior to the emergency. If employees are expected to respond to spills or releases requiring an emergency response, OSHA requires the development of an ERP that contains required elements as outlined in 29 CFR 1910.120 (q)(2) and (l)(3)(iv). The following are the minimum type of procedures ... 

OSHA s HAZWOPER standard eontains speeifie requirements with regard to medieal surveillanee of emergeney response team members and provision by the physieian of a written medieal report to the individual. As eited in the OSHA instruetion, if response aetivities involve infeetious materials, the site is to eomply with 29 CER 1910.120 (q) and may also have to eomply with 29 CER 1910.1030, Bloodborne Pathogens. If there is a eonfliet or overlap, the provision that is more proteetive of employee health and safety applies. 

To maintain adeqnate site control, the site safety and health snpervi-sor mnst have the anthority to enforce the SSAHP s rnles on any individ-nal present at the site, whether that individnal is an employee or an ontside contractor. If there is more than one SSAHP (i.e., if each contractor develops its own), OSHA considers it essential that the plans he integrated and enforced consistently to ensnre that on-site personnel have a clear nnder-standing of safety and health expectations, lines of anthority, and emergency response actions. 

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