Will OSHA Invoke the HAZWOPER Rule at the Next Disaster Site?

April 26, 2004
A wide variety of federal and local officials explained the daunting challenges and the considerable progress being made to integrate workplace safety into disaster response programs during a recent conference organized by the National Institute of Environmental Health Sciences (NIEHS).

While many questions about the government's efforts were answered during the three-day (April 21-23) Washington, DC event, one key issue remains up in the air: if disaster strikes and the nation again faces an event like the terrorist attacks of 9/11, will OSHA require first responders and other workers to abide by the hazardous waste operations and emergency response standard, 29 CFR 1910.120 (HAZWOPER)?

One of the most notable achievements thus far, according to John Ferris, OSHA's special assistant for homeland security, is the agency's successful championing of a designated safety officer in the National Incident Management System (NIMS).

The expectation is that when disaster strikes, local first responders will be in charge of rescue and recovery operations. But in order to assure "inter-operability" among local, state and federal agencies, the federal Department of Homeland Security (DHS) is insisting that everyone follow NIMS and the related Incident Command System.

Ferris said OSHA succeeded in convincing DHS of the importance of worker health and safety in any future disaster, with the result that OSHA was able to spell out in detail in the NIMS the duties of a single person with overall responsibility for workplace safety.

Although OSHA will not enforce its safety and health regulations, the safety officer will be expected to implement all applicable OSHA standards and will report directly to the disaster site's incident commander.

On the second day of the conference, a panel of OSHA officials explained the various training courses the agency is making available to help prepare its own employees and private sector workers for the next major disaster.

"My question for the OSHA folks is what is 'a disaster site' and is that a HAZWOPER SITE, requiring a HAZWOPER program and HAZWOPER training?" asked Frank Mirer, director of health and safety for the United Auto Workers. No one on the panel was prepared to answer Mirer's question.

In an interview after his April 23 presentation, Ferris said he believes the agency is currently considering how to address the HAZWOPER issue in the context of disaster response.

Sponsored Recommendations

3 Essential Elements for a Strong Safety Culture

March 13, 2024
Organizations globally have increased their attention on safety culture: trying to figure out what it really is and the aspects that are necessary to develop and sustain it. And...

Making the Case for Occupational Health Software

March 13, 2024
Deciding to invest in Occupational Health (OH) software can be a challenging leap for many organizations. This article will equip businesses with insightful strategies for effectively...

Fighting the Flu: Solutions for the Workplace

March 13, 2024
Seasonal flu continues to wreak considerable havoc both on individual wellness, as well as on our business continuity and productivity. Explore these solutions for protecting ...

Preventing SIFs with Digitization: Reduce Serious Injuries and Fatalities with Technology

March 13, 2024
This eBook discusses the origins of SIF prevention, outlines principles, models and tools available to EHS leaders to better detect and address SIF potential in their business...

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!