['HAZWOPER']
['HAZWOPER']
07/24/2024
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Washington’s state requirements regarding HAZWOPER include a substantial amount of regulatory information beyond the federal requirements. Click the link(s) below to view the state and federal requirements.
Citations
Washington:
Federal: 29 CFR 1910.120 and Appendices A through E
A summary of the additional requirements includes the following:
Employers within the scope of WAC 296-824, Emergency Response, will find additional requirements as we have summarized here:
- Washington, unlike federal OSHA, includes the following additional terms in its definitions section WAC 296-824-100 and 296-824-800: Annually, Danger area, Emergency response plan, Engineering controls, Incident command system (ICS), Incidental release, Limited action, Lines of authority, Lower explosive limit (LEL), Lower flammable limit (LFL), Must, Personal protective equipment, Release, Workplace, and You.
- Washington defines the following terms differently than federal OSHA or adds examples and clarification in its definitions section WAC 296-824-100 and 296-824-800: Emergency response, Hazardous waste, Post-emergency response, Published exposure level, and Uncontrolled release.
- When safety and health requirements are addressed by WAC 296-800 on a general level, while being addressed by WAC 296-824 for a specific application, both requirements apply and should not conflict. If an employer is uncertain which requirements to follow, employers must comply with the more protective requirement.
- Employers may use an emergency response plan such as one required by WAC 296-843 to comply with the emergency response plan requirements of WAC 296-824-20005 if the plan includes the items listed in WAC 296-824-20005.
- Before developing a written emergency response plan, employers will need to anticipate the types of uncontrolled releases that employees could encounter in their workplace(s).
- Training on specific substances may be appropriate depending on the number and characteristics of hazardous substances expected to be encountered. For example, if employees may only respond to one substance, employers could provide training on that single substance. If employees might respond to a range of hazardous substances, training may be required to cover categories of hazardous substances
- Limited action includes shutting down processes, closing emergency valves, and other critical actions to secure the operation or prevent the incident from increasing in severity.
- Among other things, the written emergency response plan must adequately address how to establish safe distances and places of refuge (for example, during emergency response the incident commander (IC) decides to make changes based on new developments, i.e., changes in the wind direction).
- If a manufacturer’s printed information or Washington Division of Occupational Safety and Health (DOSH) rule adequately addresses personal protective equipment (PPE) procedural requirements (such as donning or doffing for PPE), employers do not need to rewrite this into their emergency response program. Employers may simply attach the printed information.
- Employers may use written PPE procedures provided by the equipment manufacturer when the procedures meet the requirements of other WAC chapters, including WAC 296-842, Respirators.
- Among other things, the written emergency response plan must adequately address decontamination procedures determined by a hazardous materials specialist or other qualified individual.
- Employers must make their written emergency response plan available to employees, their representatives, and DOSH personnel for inspecting or copying. In situations where multiple employers could respond to an incident.
- The IC has the ultimate responsibility for direction, control, and coordination of the response effort.
- A Specialist Employee is a technical, medical, environmental, or other type of expert. A specialist employee may represent a hazardous substance manufacturer, shipper, or a government agency and may be present at the scene or may assist from an off-site location.
- When outside trainers are hired, employers are still responsible for making sure the requirements of WAC 296-824-30005 are met.
- Employees designated as IC must be able to show, among other things, that they have knowledge of the incident command system (ICS) and understand how they relate to it.
- If the first employee arriving at the scene is not trained as an IC, they may take control of the incident within their designated role and training level.
- Employees designated as Specialist Employees must be able to show they:
- Have current knowledge in their field regarding safety and health practices relating to the specific hazardous substances;
- Have the knowledge of the ICS and understand how they relate to it; and
- Understand the care and use of personal protective equipment.
- Employers must make medical surveillance available for employees:
- At reasonable times and places;
- At no cost to employees, including travel associated costs such as mileage, gas, or bus fare if the employee is required to travel off site; and
- Providing wages for additional time spent outside of employees normal work hours.
- Employers must make sure employees follow procedures in their emergency response plan to:
- Recognize when an emergency response must be initiated;
- Notify employees, and others designated in their plan, of the release;
- Follow immediate emergency procedures; and
- Prevent the incident from increasing in severity or to secure the operation
- Employers must implement and maintain an incident command system by:
- Making sure a single individual, acting as the IC, is in charge of the site-specific incident command system and acts within his/her designated role and training level.
NOTE: For multi-employer worksites: the IC has responsibility for controlling emergency response operations at the site for all employers; emergency response plans should be consistent in designating who assumes the IC position; and if the first employee arriving at the scene is not trained as an IC, he/she may take control of the incident within his/her designated role and training level. - Making sure all employers' emergency responders and their communications are coordinated and controlled by the IC.
NOTE: The IC may delegate tasks to subordinates (within their training level). - Making sure each employer at the scene has designated a representative to assist the IC.
- Establishing security and control of the site as specified in your written emergency response plan.
- Making sure a single individual, acting as the IC, is in charge of the site-specific incident command system and acts within his/her designated role and training level.
- The buddy system applies to stand-by employees. An employer may assign one of the two stand-by employees to another task provided the task does not interfere with the performance of the stand-by role.
- Rescue equipment should be selected and provided to stand-by employees based on the types of rescue situations that could occur.
- First aid employees must be trained according to WAC 296-800-150.
- Employers who designate and train their employees to provide first aid are covered by WAC 296-823, Occupational Exposure to Bloodborne Pathogens.
- Only properly trained employees should select PPE.
- At no cost to employees, provide proper PPE and ensure its use when hazards may be present.
- When evaluating the performance characteristics of PPE, breakthrough time and hazardous substance-specificity of the material or item may be used as methods.
- Employers must follow the manufacturer's recommended procedure for testing a TECP suit's ability to maintain positive air pressure and prevent inward gas leakage. Employers may also use other established test protocols for these suits, for example NFPA 1991 and ASTM F1052-97.
- Employers must make sure employees do not interchange self-contained breathing apparatus (SCBA) air cylinders from different manufacturers, unless all of the following apply:
- There is a life-saving emergency;
- A supplemental air supply is needed; and
- The cylinders are of the same capacity and pressure rating.
- PPE maintenance includes decontamination, cleaning, inspection, identification of damage or defects, parts repair or replacement, and storage or disposal.
- During post-emergency response, when cleanup is done by employees who were part of the initial emergency response, the employees are not covered by WAC 296-824-70005; however, training, PPE, and other requirements in WAC 296-824-20005 to 296-824-60015 apply to those employees.
Employers within the scope of WAC 296-843, Hazardous Waste Operations, will find additional requirements as we have summarized here:
- WAC 296-843-100 adds entities, beyond what OSHA lists, to the list of entities that WAC 296-843 applies to.
- WAC 296-843 applies to hazardous waste sites until site cleanup is determined by the governing agency to be complete.
- WAC 296-843-100 lists other rules that may apply to hazardous waste sites.
- An emergency response plan, among other things, must be developed as part of the preliminary site evaluation.
- Potential site hazards and risks, among other things, must be identified by a qualified person when that person evaluates the preliminary site information.
- Known and suspected site health and safety hazards must be identified by a qualified person in an initial site characterization and analysis.
- Site characterization and analysis is ongoing while work is done on the site.
- Employers do not need to duplicate portions of their Accident Prevention Program in the site-specific health and safety plan (HASP).
- Washington state lists more elements than OSHA in its list of elements to be included in a written HASP. See WAC 296-843-12005.
- The site control requirements at WAC 296-843-14005 go beyond OSHA requirements.
- Prevent clean areas from being contaminated by hazardous substances.
- Treatment, storage, and disposal (TSD) facilities are not required to duplicate portions of their permit-required contingency plan when the contingency plan is a part of an emergency response plan.
- Emergency response plans must cover coordination of the plan with outside organizations and employee training, among other items.
- Before using new technologies and control measures on a large scale, employers must evaluate them.
- DOT, EPA, DOSH, and Washington Dept. of Ecology regulations must be followed when handling, transporting, labeling, or disposing hazardous substances, contaminated soil, or liquids and residues.
- Before handling drums and containers, employers must assess hazards such as radioactive waste.
- Washington state goes beyond OSHA requirements for PPE selection in various exposure situations. If PPE is required under WAC 296-843, then employers must provide it to employees at no cost. See WAC 296-843-19005.
- Law enforcement personnel participating in hazardous waste site clean-up operations must receive training.
- Employers must train employees in how to protect themselves and others against site hazards and risks.
- Training and notification information must reflect current site activities and hazards.
- Washington state’s training requirements go beyond OSHA’s training requirements. See WAC 296-843-20010 to 20020.
- Annually, employers must certify and document training or demonstrated competency.
- The medical evaluation requirements at WAC 296-842, Respirators, apply to employees who use respirators less than 30 days a year. However, the medical examination requirements at WAC 296-843-210 will meet WAC 296-842 medical evaluation requirements.
- When employment is terminated, employers must provide a medical examination as soon as possible in accordance with WAC 296-843-21005.
- Instructions to the physician must state that the physician’s written opinion may not include specific findings or diagnoses not related to occupational exposures.
- Employers must make the written HASP and other written plans available to entities listed at WAC 296-843-22005.
- Washington state adds the following terms to its definitions at WAC 296-843-300: contamination reduction zone, exclusion zone, exposure or exposed, incidental release, material safety data sheet (MSDS), site work zones, and uncontrolled release.
- The following terms differ from OSHA’s terms: hazardous waste, published exposure level, and post-emergency response.
- Washington state is missing the following terms: hazardous waste operation, qualified person, and small quantity generator.
- Unlike OSHA, it appears Washington state does not allow for employers to simply provide level B PPE and use direct reading instruments to identify immediately dangerous to life and health (IDLH) conditions, if the preliminary site evaluation does not produce sufficient information to identify the hazards or suspected hazards of the site.
- Washington state chose not to cover specific illumination requirements in WAC 296-843, other than listing it as an element of the HASP. Instead it refers to WAC 296-800-210 for the detailed lighting requirements.
- Washington state chose not to cover all of OSHA’s sanitation requirements in WAC 296-843, other than listing it as an element of the HASP and touching on showers and washing facilities. Instead it refers to WAC 296-155-140 for the detailed sanitation requirements.
- It appears Washington state does not specifically require employers to develop and implement procedures, as part of the HASP, for introducing new technologies and equipment to improve employee protection and evaluating new control measures available. However, state plan state requirements must be equivalent to OSHA requirements, and OSHA requires such procedures at 29 CFR 1910.120(o). You may wish to confirm with DOSH whether or not the agency requires these procedures as part of the HASP.
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.