Review of Safety-Related Regulations and Standards

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Chapter 2

Learning Objectives

• Discuss the difference between regulations and standards.

• Discuss the concept of standard of care.• List and discuss federal regulations that have an

impact on emergency responder safety and health programs.

• Describe the OSHA General Duty Clause.

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Learning Objectives

• List and discuss the major National Fire Protection Association Standards that have an impact on emergency responder occupational safety and health programs.

• Discuss the role of related regulations and standards and their safety and health implications.

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Introduction

• Knowledge and understanding of health and safety-related standards and regulations is essential in all emergency service functions

• Life Safety Initiatives 5, 6, 11, 12, 15, and 16 are directly or closely related to regulations and standards

• Regulations and standards are essential components and play an important role in a comprehensive the safety and health program

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Regulations Versus Standards

• Regulations– Weight of law– Mandatory requirements– The 50 titles of the Code of Federal Regulations (CFR) – Title 29 CFR which is the Occupation Safety and Health

Administration's (OSHA) regulations– State Adoption

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Regulations Versus Standards

• Standards– Do not mandate compliance– Commonly known as consensus standards

• NFPA is one example– Not mandatory unless adopted into law by local or state

legislation– These standards can become a standard of care

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Standard of Care

• Responder must perform in the same way as another reasonable person with the same training and equipment would perform– Avoids liability

• Certain expectations when it comes to performance• Dynamic concept

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Occupational Safety and Health Administration Regulations

• Federal OSHA has no direct enforcement authority over state and local governments

• State may implement its own enforcement program– Federal OSHA must approve the state's plan– Requirements must be met

• Currently 27 states/territories have state OSHA plans– Covered by regulations promulgated by federal OSHA

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States and Territories with OSHA Plans

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OSHA Regulations

• OSHA 1910.146 (29 CFR 1910.146) Permit-required confined spaces– Large enough a person can bodilyenter and perform assigned work– Limited or restrictedmeans for entry or exit – Not designed for continuous employee occupancy

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OSHA Regulations

• OSHA 1910.134 (29 CFR 1910.134) Respiratory Protection– Control of occupational diseases– Prevent atmospheric contamination– Engineering control measures– Respirators provided when necessary

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OSHA Regulations

• OSHA 1910.120 (29 CFR 1910.120) Hazardous Waste Operations and Emergency Response– Written plan must be made available to all employees – Implication is powerful and multifaceted– Employer must certify that competencies have been met– PPE– Training levels

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OSHA Regulations

• OSHA 1910.156 (29 CFR 1910.156) Fire Brigades– Applies to fire brigades, industrial fire departments, and

private or contractual-type fire departments– Contains requirements for employer established fire brigades

• Organization• Training• Personal protective equipment

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OSHA Regulations

• OSHA 1910.1030 (29 CFR 1910.1030) Occupational Exposure to Bloodborne Pathogens– Occupational exposures

• Hepatitis B virus (HBV)• Human immunodeficiency virus (HIV)• Other bloodborne pathogens

– Exposure control plan • Reviewed and updated annually• Sooner, as needed

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OSHA General Duty Clause

• Elements proving violation of General Duty Clause– Failed to keep workplace free of a hazard– Hazard was recognized – Hazard was causing or likely to cause death or serious injury– Was a feasible and useful method to correct the hazard

• Relationship of consensus standards– Industry recognition of a hazard

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NFPA Standards

• NFPA 1500– Most significant document in the development of the firefighter

safety – Takes advantage of current technologies and procedures– Covers the essential elements of a comprehensive safety and

health program– Incorporates other standards into it as requirements– Holistic approach

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NFPA Standards

• Forty-seven other NFPA standards incorporated by reference into NFPA 1500

• Five from 1500 series– NFPA 1521– NFPA 1561– NFPA 1581– NFPA 1582– NFPA 1583

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NFPA Standards

• NFPA 1521– Health and safety officer– Incident safety officer

• Fire chief appoints HSO• Need not be a firedepartment officer

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Other Related Standards and Regulations

• American National Standards Institute• ASTM International • Environmental Protection Agency• Centers for Disease Control and Prevention• National Institute for Occupational Safety and Health • Ryan White Comprehensive AIDS Resources

Emergency Act of 1990, Subtitle B

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Summary

• Regulations can be lawfully enforced• Standards are only enforceable if adopted into law• Regulations and standards often come from OSHA

and other local and national organizations• Safety and health are ongoing considerations• There are many regulations and standards that can

provide an accepted framework of best practices

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