The following definitions are specific to this chapter:

Annually. Any twelve-month cycle.

Buddy system. A system of organizing employees (who enter or stand by danger areas) into work groups, so each employee can be observed by at least one other member of the group. The purpose of this system is to provide rapid assistance to employees in an emergency.

Clean-up operation(s). An operation where hazardous substances are removed, contained, incinerated, neutralized, stabilized, cleared up or, in any other manner, processed or handled with the goal of making the site safer for people or the environment.

Danger area. Areas where conditions pose a serious danger to employees, such as areas where:

(a) Immediately dangerous to life or health (IDLH) conditions could exist;

(b) High levels of exposure to toxic substances could exist; or

(c) There is a potential for exceeding the lower explosive limit (LEL), also known as the lower flammability limit (LFL), of a substance.

Decontamination. Removing hazardous substances from employees and their equipment so potential adverse health effects will not occur.

Emergency response. An organized response to an anticipated release of a hazardous substance that is, or could become an uncontrolled release.

Emergency response plan. A written plan that requires coordination between emergency response participants, and contains procedures, criteria, and other information that will be applied to emergency response operations. Each employer's plan should be compatible with local and state plans.

Engineering controls. Methods of controlling employee exposures by modifying the source or reducing the quantity of contaminants.

Hazardous materials team (HAZMAT team). A group of employees who are expected to perform responses to releases, or possible releases, of hazardous substances for the purpose of control and stabilization. As a result of their duties, HAZMAT team members may have close contact with hazardous substances.

Hazardous substance. Any of the following substances that could adversely affect an exposed employee's health or safety:

(a) Substances defined under section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) or "Superfund" Act (visit: http://www.epa.gov);

(b) Biological or other disease-causing agents released that could reasonably be expected to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in a person or their offspring when the person:

(i) Is directly exposed to the agent in the environment;

(ii) Directly ingests, inhales, or assimilates the agent from the environment;

(iii) Indirectly ingests the agent through a food chain.

(c) Substances listed by the United States Department of Transportation as hazardous materials under Title 49 (Transportation) in the Code of Federal Regulations (C.F.R.), Part 172, section 101 and appendices (visit: http://www.nara.gov and search for "List of C.F.R. subjects"); and

(d) Hazardous wastes as defined in this chapter.

Hazardous waste. A substance designated by chapter 173-303 WAC, Dangerous waste regulations, department of ecology, as a dangerous waste or an extremely hazardous waste and any waste fitting the definition of "health hazard" in this chapter.

Health hazard. A chemical that is classified as posing one of the following hazardous effects: Acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); aspiration hazard. The criteria for determining whether a chemical is classified as a health hazard are detailed in Appendix A of the Hazard Communication Standard WAC 296-901-140 and 296-901-14006 (definition of "simple asphyxiant").

Immediately dangerous to life or health (IDLH). Any atmospheric condition that would:

(a) Cause an immediate threat to life;

(b) Cause permanent or delayed adverse health effects;

(c) Interfere with an employee's ability to escape.

Incident command system (ICS). An organized approach to control and manage operations at an emergency response incident.

Incidental release. A release that can be safely controlled at the time of the release and does not have the potential to become an uncontrolled release.

Limited action. Action necessary to:

(a) Secure an operation during emergency responses; or

(b) Prevent an incident from increasing in severity.

Examples include shutting down processes and closing emergency valves.

Lines of authority. A preestablished ranking of individuals, qualified to assume a commanding role during an emergency response, noted in an emergency response plan and implemented during a response. This is most important when responders from multiple employers could participate in an emergency response.

Lower explosive limit (LEL). See lower flammable limit (LFL).

Lower flammable limit (LFL). The lowest concentration of a material that will propagate a flame. The LFL is usually expressed as a percent (by volume) of the material in air (or other oxidant).

Must. Must means mandatory.

Permissible exposure limit (PEL). The established time-weighted-average (TWA) concentration or ceiling concentration of a contaminant that must not be exceeded. The exposure, inhalation, or dermal permissible limit specified in chapter 296-841 WAC, Airborne contaminants.

Personal protective equipment (PPE). Protective items designed to be worn by the user to protect them against airborne, skin contact and other hazards. This includes items such as respiratory protection, protective suits, gloves, eye protection, etc.

Postemergency response. The stage of the emergency response where the immediate threat from the release has been stabilized or eliminated, and cleanup of the site has started.

Published exposure level. Exposure limits published in "National Institute for Occupational Safety and Health (NIOSH) Recommendations for Occupational Safety and Health" (DHHS publication #92-100, 1992).

If an exposure limit is not published by NIOSH, then "published exposure level" means the exposure limits published by the American Conference of Governmental Industrial Hygienists (ACGIH) in "TLVs and BEIs-Threshold Limit Values for Chemical Substances and Physical Agents" (1999 edition).

Release. A spill, leak, or other type of hazardous substance discharge.

Uncontrolled release. A release where significant safety and health risks could be created. Releases of hazardous substances that are either incidental or could not create a safety or health hazard (i.e., fire, explosion or chemical exposure) are not considered to be uncontrolled releases.

Examples of conditions that could create a significant safety and health risk:

(a) Large-quantity releases;

(b) Small releases that could be highly toxic;

(c) Potentially contaminated individuals arriving at hospitals; and

(d) Airborne exposures that could exceed a WISHA permissible exposure limit or a published exposure limit and employees are not adequately trained or equipped to control the release.

Example of an uncontrolled release:

A forklift driver knocks over a container of a solvent-based liquid, releasing the contents onto the warehouse floor. The driver has been trained to recognize the vapor is flammable and moderately toxic when inhaled. The driver has not been trained or provided appropriate equipment to address this type of spill. In this situation, it is not safe for the driver to attempt a response. The driver needs to notify someone of the release so an emergency response can be initiated.

(a) A fixed facility;

(b) A temporary location (such as a traffic corridor); or

(c) Locations where employees respond to emergencies.

You. The employer. For a complete definition of "employer" see Safety and health core rules, chapter 296-800 WAC.

This chapter states the minimum requirements that help you protect the safety and health of your employees during a response to a hazardous substance releases in your workplace or any other location.

This chapter applies if your employees are, or could become, involved in responding to uncontrolled releases of hazardous substances in your workplace or any other location. Use the scope flow chart, and definitions that follow, to determine if this chapter applies to your workplace(s). Defined words are italicized in the flow chart.

Areas where conditions pose a serious danger to employees, such as areas where:

(a) Immediately dangerous to life or health (IDLH) conditions could exist; or

(b) High levels of exposure to toxic substances could exist; or

(c) There is a potential for exceeding the lower explosive limit (LEL), also known as the lower flammability limit (LFL), of a substance.

A response to an anticipated release of a hazardous substance that is, or could become, an uncontrolled release.

Any biological, radiological, or chemical substance that can have adverse effects on humans. (See WAC 296-824-800 for a more specific definition.)

Any atmospheric condition that would:

(a) Cause an immediate threat to life;

(b) Cause permanent or delayed adverse health effects;

(c) Interfere with an employee's ability to escape.

A release that can be safely controlled at the time of the release and does not have the potential to become an uncontrolled release.

Example of a situation that results in an incidental release:

A tanker truck is receiving a load of hazardous liquid when a leak occurs. The driver knows the only hazard from the liquid is minor skin irritation. The employer has trained the driver on procedures and provided equipment to use for a release of this quantity. The driver puts on skin protection and stops the leak. A spill kit is used to contain, absorb, and pick up the spilled material for disposal.

Action necessary to:

(a) Secure an operation during emergency responses; or

(b) Prevent an incident from increasing in severity.

Examples include shutting down processes and closing emergency valves.

A spill, leak, or other type of hazardous substance discharge.

A release where significant safety and health risks could be created. Releases of hazardous substances that are either incidental or could not create a safety or health hazard (i.e., fire, explosion or chemical exposure) are not considered to be uncontrolled releases.

Examples of conditions that could create a significant safety and health risk:

(a) Large-quantity releases;

(b) Small-releases that could be highly toxic;

(c) Potentially contaminated individuals arriving at hospitals;

(d) Airborne exposures that could exceed a WISHA permissible exposure limit or a published exposure limit and employees are not adequately trained or equipped to control the release.

Example of an uncontrolled release:

A forklift driver knocks over a container of a solvent-based liquid, releasing the contents onto the warehouse floor. The driver has been trained to recognize the vapor is flammable and moderately toxic when inhaled. The driver has not been trained or provided appropriate equipment to address this type of spill. In this situation, it is not safe for the driver to attempt a response. The driver needs to notify someone of the release so an emergency response can be initiated.

(a) A fixed facility; or

(b) A temporary location (such as a traffic corridor); or

(c) Locations where employees respond to emergencies.

To anticipate and plan for emergency response operations.

(1) You must make sure your plan is written and adequately addresses, as a minimum, all of the following:

(a) Preemergency planning and coordination with additional responders (including personnel from other employers such as: Fire departments, law enforcement agencies, emergency medical services, and state or federal agencies);

(b) Personnel roles, (See Table 1) and lines of authority and communications for all affected parties including responders;

(c) Employee training (see WAC 296-824-30005 for more detail):

(i) Emergency recognition;

(ii) Immediate emergency procedures including:

(A) Methods of alerting employees (see WAC 296-800-310, exit routes and employee alarm systems) and outside responders;

(B) Procedures for limited action (emergency prevention);

(C) Details of who will evacuate immediately and who will remain behind for limited action;

(D) Evacuation routes and procedures;

(E) 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).

(d) Methods of securing and controlling access to the site;

(e) Emergency medical treatment and first aid;

(f) A complete personal protective equipment (PPE) program that addresses:

(i) Selection of PPE including selection criteria to be used and the identification, specified use and limitations of the PPE selected.

(ii) Training on proper use of PPE (including maintenance).

(iii) Hazards created by wearing PPE including heat stress during temperature extremes, and/or other appropriate medical considerations.

(iv) Criteria used for determining the proper fit of PPE.

(v) Procedures covering proper use of PPE including procedures for inspection, putting it on (donning) and removing it (doffing).

(vi) Maintenance of PPE including procedures for decontamination, disposal and storage.

(vii) Methods used to evaluate the effectiveness of your PPE program.

(g) Emergency equipment;

(h) Emergency response procedures;

(i) Decontamination procedures determined by a hazardous materials specialist or other qualified individual;

(j) Methods to critically assess the response and conduct appropriate follow-up.

(2) You must make your written emergency response plan available to employees, their representatives, and WISHA personnel for inspecting or copying.

To make sure employees participating in emergency response operations are appropriately trained for their assigned roles and duties.

You must make sure employees are appropriately trained for their assigned roles and duties as follows:

(1) Initial training:

(a) Provide initial training before the employee is allowed to participate in an actual emergency response operation.

(b) Make sure initial training adequately addresses the competencies in Tables 3 through 6 and the minimum training durations in Table 2.

(c) Certify that employees objectively demonstrate competencies specified in Tables 3, 4 and 5 (except for employees trained as first responders at the awareness level).

(2) Retraining (refresher) training:

(a) Provide retraining annually;

(b) Make sure retraining covers necessary content;

(c) Document training or demonstrated competency.

(3) Trainer qualifications:

(a) Verify trainers have satisfactorily completed an instructors' training course for the subjects they teach. For example, courses offered by the United States National Academy, or equivalent courses are acceptable; or

(b) Have the educational and instructional experience necessary for training.

(4) Specialist employees:

Specialist employees who have been sent to the scene to advise or assist must receive training or demonstrate competency in their specialty, annually.

Summary.

To provide and document medical surveillance for your employees.

(1) You must provide medical surveillance for employees to comply with Tables 7 and 8, and the following:

(a) Make medical surveillance available at:

(i) Reasonable times and places;

(ii) 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

(iii) Wages for additional time spent outside of employees normal work hours.

(b) Make sure a licensed physician performs or supervises exams and procedures;

(c) Give complete information to the examining physician including:

(i) A copy of this chapter.

(ii) A description of the employee's duties that relate to hazardous substance exposure.

(iii) The hazardous substance exposure levels anticipated for the employee.

(iv) A description of the personal protective equipment (PPE) the employee could use.

(v) Information available from previous medical examinations.

(vi) The medical evaluation information required by chapter 296-842 WAC, Respirators.

(d) Medical exams must include, at a minimum:

(i) A medical history;

(ii) A work history (or updated history if on file);

(iii) A special emphasis on:

(A) Assessment of symptoms related to handling hazardous substances;

(B) Health hazards;

(C) Evaluation of fitness for duty (including the ability to wear any personal protective equipment (PPE) or other conditions that may be expected at the workplace).

(iv) Other content as determined by the examining physician.

(2) You must obtain the physician's written opinion and give a copy to the employee that includes:

(a) A statement of whether or not medical conditions were found which would increase the employee's risk for impairment during emergency response work or respirator use.

Do not include specific findings or diagnoses unrelated to occupational exposures.

(b) Limitations recommended to the employee's assigned work, if any.

(c) Exam and test results if the employee requests this information.

(d) A statement that affirms the employee has been confidentially informed of medical exam results (including medical conditions requiring follow-up).

You must keep a record of:

(1) Name and Social Security number of the employee receiving medical surveillance;

(2) Physicians' written opinions, recommended limitations, and results of examinations and tests;

(3) Any employee medical complaints regarding hazardous substance exposures;

(4) A copy of all information given to the examining physician (except a copy of this chapter).

Summary.

To conduct and manage emergency response operations so employees are protected from hazardous substances and conditions.

You must make sure employees follow procedures in your emergency response plan to:

(1) Recognize when an emergency response must be initiated;

(2) Notify employees, and others designated in your plan, of the release;

(3) Follow immediate emergency procedures; and

(4) Prevent the incident from increasing in severity or to secure the operation.

(1) You must make sure a single individual, acting as the incident commander (IC), is in charge of the site-specific incident command system (ICS) and acts within their designated role and training level.

(2) You must make sure all employers' emergency responders and their communications are coordinated and controlled by the IC.

(3) You must make sure each employer at the scene has designated a representative to assist the IC.

(4) You must establish security and control of the site as specified in your written emergency response plan.

(1) You must make sure that your skilled support personnel (including those employees who are not regularly employed by you) who could be exposed to on-scene hazards are given an initial briefing at the site before they participate in any emergency response. The initial briefing must include:

(a) What chemical hazards are involved;

(b) What duties are to be performed; and

(c) Instruction in the wearing of appropriate personal protective equipment.

(2) You must make sure the safety and health precautions given to your employees are also given to skilled support personnel.

(1) Identify all hazardous substances and conditions present, within their training level, using site analysis and maximum exposure limits, when appropriate.

(2) Implement emergency response procedures appropriate to the hazardous substances and conditions present, such as:

(a) Procedures that address the use of engineering controls, hazardous substance handling, and new technologies;

(b) Procedures that address decontamination;

(c) Procedures that address PPE; and

(d) Procedures that limit the number of personnel to those who are actively performing emergency response operations, in areas where exposure could exist.

(3) Designate an incident safety officer (ISO).

Make sure the ISO demonstrates knowledge about operations being implemented at the emergency response site. They must:

(a) Identify and evaluate hazards;

(b) Communicate with the IC about hazards, immediately informing the IC of corrective actions that must be taken when conditions are judged to be:

(i) An imminent danger; or

(ii) Immediately dangerous to life or health (IDLH).

(c) Provide direction about the safety of operations.

You must make sure operations and tasks (including limited actions) in danger areas are conducted using the buddy system in teams of two or more.

Danger areas are areas where conditions pose a serious danger to employees, such as areas where:

(a) Immediately dangerous to life or health (IDLH) conditions could exist; or

(b) High levels of exposure to toxic substances could exist;

(c) There is a potential for exceeding the lower explosive limit (LEL), also known as the lower flammability limit (LFL), of a hazardous substance.

(1) You must provide stand-by employees equipped with the same level of personal protective equipment (PPE) as the entrants, for assistance or rescue.

(2) You must make sure employees trained in first aid are readily available with necessary medical equipment and have a way to transport the injured.

Summary.

To provide appropriate personal protective equipment (PPE) and make sure it is used properly.

Use appropriate personal protective equipment (PPE).

(1) You must provide appropriate PPE at no cost to the employees and make sure it is used if hazards could be present.

(2) You must select PPE (such as respirators, gloves, protective suits and other PPE) based on:

(a) An evaluation of the performance characteristics (such as breakthrough time and hazardous substance-specificity of the material or item) relevant to the requirements and limitations of the site.

(b) Task-specific conditions and durations.

(c) The hazards and potential hazards of the site (see Table 9, Selecting PPE for Specific Hazards).

(3) You must select totally encapsulating chemical protective (TECP) suits, as specified in Table 9, that:

(a) Maintain positive air pressure.

(b) Prevent inward test gas leakage of more than 0.5 percent.

You must control hazards created by the use of PPE, including:

(1) Heat stress due to extremely high temperatures.

(2) Any other employee health hazard and consideration.

(1) You must make sure employees inspect PPE before, during and after use, following your plan's procedures.

(2) You must make sure employees put on (don) and remove (doff) PPE following your plan's procedures.

(3) You must make sure employees do not interchange self-contained breathing apparatus (SCBA) air cylinders from different manufacturers, unless all of the following apply:

(a) There is a life-saving emergency;

(b) You need a supplemental air supply;

(c) The cylinders are of the same capacity and pressure rating.

(4) You must make sure compressed air cylinders used with SCBAs meet the testing and service life requirements of the United States Department of Transportation (USDOT). Search at: http://www.dot.gov.

(5) You must make sure PPE is maintained in a safe and reliable condition using your plan's procedures.

PPE maintenance includes:

(a) Decontamination;

(b) Cleaning;

(c) Inspection;

(d) Identification of damage or defects;

(e) Parts repair or replacement;

(f) Storage or disposal.

To protect employees during postemergency response activities by following appropriate work practices, training and other requirements.

1. Postemergency response is the stage of the emergency response where the immediate threat from the release has been stabilized or eliminated, and cleanup of the site has started.

2. When cleanup is done by the employees who were part of the initial emergency response, the employees are not covered by this section (however, training, PPE and other requirements in WAC 296-824-20005 through 296-824-60015 apply to these employees).

(1) You must follow Table 10 to determine which requirements apply to your postemergency response activities.

(2) You must maintain clean-up equipment as specified in Table 10.