What’s the spill amount that triggers OSHA HAZWOPER requirements?
Responding is Tricia Hodkiewicz, compliance expert, J. J. Keller & Associates Inc., Neenah, WI.
This is a trick question! The truth is you won’t find a trigger amount in OSHA’s standard on hazardous waste operations and emergency response (1910.120). Instead, when it comes to spills (technically called releases), you’ll discover that the HAZWOPER standard applies to “emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard.”
What does that mean? Spills without emergency consequences aren’t covered by the emergency response provisions of the standard, according to OSHA. In plain language, anything short of needing an emergency response would be considered an “incidental spill” and not fall under the HAZWOPER standard. On the other hand, HAZWOPER would kick in for any release that goes beyond incidental.
What’s the difference?
To figure out if your spill is regulated at 1910.120, you want to understand the fundamental difference between two terms:
Emergency response:
- Involves a situation that results, or is likely to result, in an uncontrolled release of a hazardous substance.
- Is an organized response to an incident that’s, or may lead to, an emergency involving the hazardous substance.
- Takes the effort of employees from outside the immediate area or designated responders to bring things under control.
Incidental spill:
- Is a foreseeable release of a hazardous substance that’s limited in quantity and poses no emergency and no potential to become an emergency within a short time frame.
- Presents no significant threat to the safety and health of employees in the immediate vicinity or to those cleaning it up.
- Can be absorbed, neutralized or otherwise controlled at the time of release by employees in the immediate area or by maintenance personnel.
The size of the spill matters, but …
The spill volume doesn’t, by itself, prompt an emergency response. In fact, OSHA makes clear that the agency never intended to define an emergency condition in terms of an arbitrary size. OSHA argues that work environments and chemical types and uses vary widely. So, you’ll examine several pieces of the puzzle to decide if an emergency response is warranted, such as:
- The spill quantity
- The properties, concentration and hazards of the substance
- Immediately dangerous to life or health or oxygen-deficient conditions
- The location of the spill (a nonventilated or confined space, for example)
- Whether there’s a danger to employees in the area
- Whether an evacuation is required
- The level of employee knowledge about the substance
- Readily available personal protective equipment and spill response supplies
- Any related standard operating procedures in place
Ultimately, it’s not just about spill size – it’s a judgment call based on a combination of factors.
McCraren Compliance offers comprehensive safety training to help prevent accidents. Visit our class calendar to see how our training and consulting services can enhance your safety efforts.
Original article published by Safety+Health an NSC publication