Text For Citation: 01 Item/Group: 001 Hazard:

29 CFR 1910.120(q)(1): An emergency response plan shall be developed and implemented to handle anticipated emergencies prior to the commencement of emergency response operations. The plan shall address at a minimum the elements required under 1910.120(q)(2). a.) On or about February 4 through February 8, 2023, in response to a train derailment incident that occurred on February 3, 2023 in East Palestine, Ohio where several train cars released several hazardous chemicals, such as, but not limited to n-Butyl Acrylate, the Employer did not effectively implement its emergency response plan for its employees in that the following elements were not appropriately in place: - 1910.120(q)(2)(ii) - Personnel roles, lines of authority, training, and communication - On February 4, employees who initially responded to the incident did not receive effective communication on the chemicals that were actively leaking at the site, appropriate personal protective equipment and respirators; - 1910.120(q)(2)(v) - Site security and control - Exclusion, Contamination Reduction and Support zones were not secured and controlled to prevent unauthorized individuals from entering areas where chemicals were actively leaking and moving through the soil and water; and - 1910.120(q)(2)(vii) - Decontamination - Exclusion, Contamination Reduction and Support zones were not set up with designated decontamination areas, staff or equipment to wash off soil potentially contaminated with chemicals from the spill.