Text For Citation: 03 Item/Group: 021A Hazard: REFINERY

29 CFR 1910.120(q)(6)(ii)[C] First responder operations level. First responders at the operations level are individuals who respond to releases or potential releases of hazardous substances as part of the initial response to the site for the purpose of protecting nearby persons, property, or the environment from the effects of the release. They are trained to respond in a defensive fashion without actually trying to stop the release. Their function is to contain the release from a safe distance, keep it from spreading, and prevent exposures. First responders at the operational level shall have received at least eight hours of training or have had sufficient experience to objectively demonstrate competency in the following areas in addition to those listed for the awareness level and the employer shall so certify: An understanding of basic hazardous materials terms. A. The employer did not clearly demonstrate that operators have received at least eight hours of training or have had sufficient experience to objectively demonstrate competency in an understanding of basic hazardous materials terms in addition to those listed for the awareness level. This violation was identified during inspection of the facility from November 2009 to March 2010, Silver Eagle Refining Inc., 2355 South 1100 West, Woods Cross, UT, 84087. During interviews with operators who act as first responders, they stated that they commonly turn valves or shut down units during a release. Actions during a release including, but not limited to "turning valves", would place the employee under the first responder awareness level. The employer was not able to provide documentation demonstrating these individuals had received the mandated eight hours of training in the areas identified. By not properly identifying and training employees involved in first responder operations level activities, employees were deprived of critical training and information used to assess hazards during a release. As a result, employees without proper training may be exposed to serious injury or death. This may be a system-wide occurrence that requires evaluation of all training schedules, policies, and procedures throughout the facility.