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Applicability of OSHA Standards to Transporters of Hazardous Waste Materials

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Title: Applicability of OSHA Standards to Transporters of Hazardous Waste Materials


1
Applicability of OSHA Standards to Transporters
of Hazardous Waste Materials
2
Overview
  • 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

3
Background
  • 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.

4
DOT 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).

5
OSHA 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.

6
OSHA 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.

7
Transportation 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.

8
Transportation 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.

9
Transportation 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.

10
Applicability 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.

11
Applicability 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).

12
Applicability 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).

13
Applicability 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).

14
To 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.

15
Recording 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).

16
First 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.

17
Personal 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.

18
Fall 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

19
Exposure 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

20
Process 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.

21
Materials 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.

22
Proposed 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

23
Application 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.
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