Title: Applicability of OSHA Standards to Transporters of Hazardous Waste Materials
1Applicability of OSHA Standards to Transporters
of Hazardous Waste Materials
2Overview
- The Association of Waste Hazardous Materials
Transporters (AWHMT) requested information
concerning OSHAs jurisdiction over matters
related to the transportation of hazardous waste.
- This presentation addresses OSHAs jurisdiction
pertaining to hazardous waste transportation in
the railroad and trucking industries, and
discusses the application of key OSHA standards,
including - Hazardous Waste Operations and Emergency Response
(HAZWOPER) - Recording and Reporting Occupational Injuries and
Illnesses - Personal Protective Equipment (PPE)
- Toxic and Hazardous Substances
- Process Safety Management
- Material Handling
- OSHAs Draft Proposed Safety and Health Program
Rule
3Background
- OSH Act
- Enacted to ensure safe and healthful working
conditions for every working man and woman. - Covers every employer engaged in business
affecting interstate commerce who has one or more
employees. - OSHA was created to promulgate and enforce safety
and health standards. - Department of Transportation Act
- Primary purpose is to protect the public and
transportation equipment measures to protect the
public also protect employees. - Covers transportation by aircraft, rail, vessels,
and motor vehicles. - The Department of Transportation (DOT) was
created to administer and enforce transportation
regulations.
4DOT Administrations for Rail and Highway
Transportation
- The Federal Railroad Administration (FRA)
- Enforces DOT regulations applicable to rail
carriers, shippers by rail, and manufacturers of
tank cars. Also enforces the Hazardous Materials
Regulations (49 CFR 171-180). - Administers Federal railroad safety laws (49 CFR
Parts 200-299). - Issues orders to address hazards caused by the
transportation of hazardous materials. - The Federal Highway Administration (FHA)
- Enforces DOT regulations applicable to motor
carriers, shippers by highway, and manufacturers
of cargo tanks through the Office of Motor
Carrier Field Operations. Also enforces the
Hazardous Materials Regulations (49 CFR 171-180). - Administers Federal motor carrier safety laws (49
CFR 390-397).
5OSHA or DOT Jurisdiction
- OSH Act
- Section 4(b)(1) of the OSH Act states that OSHA
does not have jurisdiction over health and safety
if another Federal agency exercises its
statutory authority in this area. - U.S. courts interpret the OSH Act using the gap
theory or hazard-by-hazard approach - If DOT has a regulation that would reduce or
eliminate the workplace hazard, DOT regulations
apply. - If DOT does not have a regulation to address the
hazard, OSHA regulations apply.
6OSHA or DOT Jurisdiction (cont.)
- DOT has jurisdiction for
- In transit operations between destination points,
including readjusting and securing the load. - Proper handling of hazardous materials during
loading and unloading vehicles and rail cars
according to the Hazardous Materials Regulations
(49 CFR 171-180). - OSHA has jurisdiction for
- Actions associated with loading and unloading the
vehicle or railcar at destination points where
DOT does not address a safety or health hazard. - Response to hazardous waste emergencies.
7Transportation of Hazardous Waste
- DOTs Hazardous Materials Regulations (49 CFR
171-180) - Contain training requirements for all hazardous
materials employees regarding the safe loading,
unloading, handling, storing, and transporting of
hazardous materials, and also regarding emergency
preparedness. - Do not require the hazmat employee to engage in
actual emergency response activities. - Contain information requirements for hazardous
materials emergency response.
8Transportation of Hazardous Waste (cont.)
- DOTs Hazardous Materials Emergency Response
Requirements - Keep emergency response information accessible at
all times, - Provide an emergency response telephone number,
- Require the operator to contact the carrier in
the event of a hazardous materials incident, and - Report the incident to the proper authorities in
accordance with 49 CFR 171.15 and 171.16.
9Transportation of Hazardous Waste (cont.)
- Definitions from DOT s Hazardous Materials
Regulations - HAZMAT employer is a person who uses its
employees in connection with - transportation in commerce
- causing hazmat to be transported or shipped in
commerce or - representing, marking, certifying, selling,
offering, reconditioning, testing, repairing, or
modifying packagings as qualified for use in the
transportation of hazmat. - HAZMAT employee is a person who is employed by a
hazmat employer and directly affects hazmat
transportation safety who - loads, unloads, or handles hazmat
- tests, reconditions, repairs, modifies, marks, or
otherwise represents packagings as qualified for
use in the transport of hazmat - prepares hazmat for transportation or
- operates a vehicle used to transport hazmat.
10Applicability of HAZWOPER to Hazardous Waste
Transportation
- Each carrier who transports hazardous materials
will be required to comply with OSHAs HAZWOPER
standard, 29 CFR 1910.120, if any of the
following conditions are met - Employees are required to drive onto uncontrolled
hazardous waste sites . - Employees are required to enter EPA regulated
treatment, storage, and disposal facilities. - Employees are required to respond to hazardous
waste emergencies. - Employees are required to handle, inspect, stop
or clean up leaks, etc , - in or on a loaded transporter.
11Applicability of HAZWOPER to Hazardous Waste
Transportation (cont.)
- If employees are required to drive onto
uncontrolled hazardous waste sites - Employees must receive the minimum training
required by 29 CFR 1910.120(e). - 24 hours off-site instruction and one day actual
field experience under the direct supervision of
a trained, experienced supervisor. - 8 hours of annual refresher training.
- Employees who enter contaminated areas may need
to comply with the - Site-specific safety and health plan required by
29 CFR 1910.120(b)(4). - Decontamination procedures established for the
site required by 29 CFR 1910.120(k).
12Applicability of HAZWOPER to Hazardous Waste
Transportation (cont.)
- If employees are required to enter EPA regulated
treatment, storage, and disposal facilities - Employees must receive the minimum training
required by 29 CFR 1910.120(p)(7). - 24 hours of initial training.
- 8 hours of annual refresher training.
- Employees who enter contaminated areas may need
to comply with the - Safety and health program required by 29 CFR
1910.120(p)(1). - Decontamination program required by 29 CFR
1910.120(p)(4).
13Applicability of HAZWOPER to Hazardous Waste
Transportation (cont.)
- If employees are required to respond to hazardous
waste emergencies - Employees must receive
- The minimum training required according to their
emergency response duties required by 29 CFR
1910.120(q)(6). SARA Sect 303 or - Employers must
- Develop an emergency response program for
hazardous substance releases in accordance with
29 CFR 1910.120(q). - Develop an emergency response plan in accordance
with (29 CFR 1910.120(q)(1) and (q)(2).
14To Avoid Duplication of Training...
- DOT
- Training conducted to comply with either OSHAs
HAZWOPER standard or EPAs HAZWOPER standard may
be used to fulfill the DOT hazardous materials
training requirements as long as the training
addresses the DOT training requirements of 49 CFR
172.704(a). - OSHA
- Training provided under DOTs Hazardous Materials
Regulations may also be used to satisfy the OSHA
HAZWOPER training requirements, to the extent
that the training meets the HAZWOPER
requirements.
15Recording and Reporting Occupational Injuries and
Illnesses
- DOTs reporting and recordkeeping requirements
- Do not exempt the employer from complying with
OSHA injury and illness recording requirements
and fatality/catastrophe reporting. - OSHAs recording and reporting of occupational
injuries and illnesses requirements - All employers are required to
- Maintain a record of occupational injuries and
illnesses in the form of an OSHA 200 log or
equivalent (1904.2). - Report incidents concerning fatalities or the
hospitalization of three or more employees
(1904.8).
16First Aid Requirements
- Trucks and rail in transit
- DOT regulations apply.
- Loading and unloading operations
- OSHA regulations apply.
- 29 CFR 1910.151 specifies that
- where an employee could become injured and need
medical attention in the absence of an infirmary,
clinic, or hospital, 29 CFR 1910.151(b) requires
that a person or persons shall be adequately
trained to render first aid and approved first
aid supplies shall be made readily available. - where an employee could be splashed by injurious
corrosive materials, 29 CFR 1910.151(c) requires
that suitable facilities for quick drenching or
flushing of the eyes and body shall be readily
available.
17Personal Protective Equipment Requirements
- DOT
- DOT contains regulations for carrier loading and
unloading, cargo transfer hose connection and
disconnection, and coupling and uncoupling rail
cars. - However, the DOT regulations do not address
employee exposure to hazards such as inhalation,
absorption, ingestion, chemical splash, flying
particles, and falling objects. - OSHA
- PPE for eyes, face, head, extremities, protective
clothing, respiratory devices, and protective
shields and barriers must be provided and used
wherever it is necessary due to hazards of
processes or environment, chemical hazards,
radiological hazards, or mechanical irritants
encountered that could cause injury or
impairment.
18Fall Protection Requirements
- DOT
- Federal Railroad Administration does not have
fall protection requirements applicable to the
loading and unloading of railroad cars. - Federal Highway Administration regulates fall
hazards subject to motor carrier employees
working on truck-tractors having a high-profile
cab-over-engine (COE) configuration for entrance,
egress, and back of cab access, manufactured on
and after September 1, 1982 (49 CFR 399.201). - OSHA
- Covers work on trucks and truck-tractors that do
not have a high-profile COE. - Covers all trailers regardless of the type of
truck used to pull the trailer. - 29 CFR 1910 - Subpart D - Walking/Working
Surfaces - 29 CFR 1910 - Subpart I - Personal Protective
Equipment
19Exposure to Toxic and Hazardous Substances
- OSHA has jurisdiction regarding employee exposure
to toxic and hazardous substances such as - asbestos (brake repair)
- heavy metals (welding operations)
- silica dust
- other toxic substances in 29 CFR 1910 Subpart Z
20Process Safety Management Requirements
- DOT Requirements
- Regulate operations that include carrier loading
and unloading, cargo transfer hose connection and
disconnection, attendance by a qualified person
during loading and unloading, and associated
training. - OSHA Requirements
- Apply when commercial railroad tank cars and
commercial tank motor vehicles remain on a
worksite and are used to store threshold
quantities of highly hazardous chemicals covered
by the PSM standard.
21Materials Handling Requirements
- DOT requires that the equipment used for handling
hazardous materials must be of a type that does
not create a hazard to the material while loading
and unloading transportation vehicles and rail
cars. - OSHA has jurisdiction over employee protection
issues during the use of material handling
equipment, such as powered industrial trucks,
overhead and gantry cranes, slings, etc.
22Proposed Safety and Health Program Standard
- OSHAs Draft Proposed Safety and Health Program
Rule, 29 CFR 1900.1 - Purpose
- Reduce the number of job-related fatalities,
illnesses, and injuries. - Applies to
- All employers covered by the OSH ACT, except
employers engaged in construction and
agriculture. - Basic Obligations
- Develop and implement a safety and health program
that includes the following elements - Management leadership and employee participation
- Hazard identification and assessment
- Hazard prevention and control
- Information and training
- Evaluation of program effectiveness
23Application of the Proposed Safety and Health
Program Standard to Transportation
- Proposed standard would not apply to in transit
operations. - Proposed standard would apply to loading and
unloading operations to the extent that these
operations are not covered by DOT.