Text For Citation: 01 Item/Group: 003A Hazard:

29 CFR 1910.120(q)(3)(iv): Employees engaged in emergency response and exposed to hazardous substances presenting an inhalation hazard or potential inhalation hazard shall wear positive pressure self-contained breathing apparatus while engaged in emergency response, until such time that the individual in charge of the ICS determines through the use of air monitoring that a decreased level of respiratory protection will not result in hazardous exposures to employees. a.) On or about February 4, 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 ensure that an employee who applied Portland Cement to potentially contaminated soil for a brief period of time (approximately 30 minutes) in a fully enclosed cab on the east side of Pleasant Drive was wearing a positive pressure self-contained breathing apparatus until such time that the individual in charge of the ICS determined through the use of air monitoring that a decreased level of respiratory protection would not result in hazardous exposures to employees. The employee did not wear any type of respiratory protection, nor was he personally monitored for exposure to leaking chemicals (such as n-Butyl Acrylate) at the specific location where he was working.