Standard Interpretations - Table of Contents|
| Standard Number:||1910.120; 1910.120(b); 1910.120(c); 1910.120(d); 1910.120(e); 1910.120(f); 1910.120(h); 1910.120(i); 1910.120(j); 1910.120(k); 1910.120(l); 1910.120(m); 1910.120(n); 1910.120(o); 1910.120(a); 1910.120(q)(5); 1910.120(q)(11); 1910.38|
|OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.|
The term "immediate release area" is not meant to either classify something as an emergency if immediate attention is not warranted, or encourage employees in the immediate work area to respond to incidental releases without the proper training and equipment.
The "immediate release area" can be the entire geographic boundary of the employee's assigned work area. On a case-by-case basis OSHA will determine whether such employees are capable of responding to incidental releases and will evaluate the emergency response plan, including an evacuation plan, if an emergency situation is possible.
Maintenance personnel responding to releases or potential releases for the purpose of stopping the leak are performing emergency response activities under the rule unless the upset condition:
(1.) Results from routine maintenance activity and the small leak can be readily repaired; or
(2.) Does not need to be taken care of immediately. That is, the safety and health of the employees are not threatened if immediate response is not initiated.
Example 1. 10,000 lbs of sodium saccharin (artificial sweetener) are spilled from a silo across a plant fence line into a stream bed. About 4000 lbs reach the water. As a CERCLA Hazardous Substance released above its Reportable Quantity (one pound) the release is reported to the National Response Center, which in turn notifies the predesignated Federal On-Scene Coordinator (OSC) The OSC responds to evaluate the situation and monitors the proper clean up of the sodium saccharin by the plant owner/operator. What portions of the final rule apply?Should you or your staff require further information or expansion of the issues we have raised, we would be pleased to meet with you at your convenience. ORC and its member companies look forward to your response.
Example 2. A company manufactures ammonium nitrate fertilizer, which is listed and regulated in 49 CFR 172.101 as an Oxidizer. A fire occurs in a corner of the warehouse and is extinguished by a local fire department. Would the subsequent removal of the ammonium nitrate from the warehouse by employees of the company be covered by the final rule as a post emergency response operation?
|Standard Interpretations - Table of Contents|
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