Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-824 - Emergency response › Section 296-824-100 - Scope

Current through Register Vol. 24-14, July 15, 2024
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.
EXEMPTION:
1. This chapter does not apply to you if your workplace
						  is a hazardous waste site. If you are not sure about your site classification,
						  see chapter 296-843 WAC, Hazardous waste operations.
2. If your workplace is a treatment, storage, and
						  disposal site this chapter may apply.
Note:
Requirements in other chapters may also apply to your
						  workplace. You will find some safety and health requirements (for example,
						  personal protective equipment) are addressed on a general level in the WISHA
						  Safety and Health Core Rules, chapter 296-800 WAC, while being addressed for a
						  specific application in this rule. When this happens, both requirements apply
						  and should not conflict.
If you are uncertain which requirements to follow, you
						  must comply with the more protective requirement. Contact your local L&I
						  office if you need assistance in making this determination.
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Definitions applicable to the flow chart. (See WAC
				296-824-800 for additional
				definitions used in the chapter):
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; 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.
Emergency response
A response to an anticipated
				release of a hazardous substance that is, or could become, an
uncontrolled release
.
Hazardous substance
Any biological, radiological,
				or chemical substance that can have adverse effects on humans. (See WAC
				296-824-800 for a more specific
				definition.)
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.
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
.
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.
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.
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;
(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.
Workplace
(a) A fixed facility; or
(b) A temporary location (such as a traffic
			 corridor); or
(c) Locations where
			 employees respond to emergencies.
Statutory Authority:
				  RCW
				   49.17.010,
				  49.17.040,
				  49.17.050,
				  49.17.060. 07-03-163, §
				  296-824-100, filed 1/24/07, effective 4/1/07; 02-20-034, § 296-824-100,
				  filed 9/24/02, effective 10/1/02. Statutory Authority:
				  RCW
				   49.17.010, [49.17].040, and [49.17].050.
				  02-11-141, § 296-824-100, filed 5/22/02, effective
				  10/1/02.