1 Fire Protection and Emergency Services Requirements in 29 CFR 1926 Dennis Kubicki, P. E. Office of Facility Operations Support Office of Environment,

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Fire Protection and Emergency Services Requirements in 29 CFR 1926

Dennis Kubicki, P. E. Office of Facility Operations Support

Office of Environment, Safety & Health

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Scope (1926.10)

Applies to construction, alteration and repair (interpreted to include D&D)

No worker shall be exposed to conditions which are “unsanitary, hazardous or dangerous to health and safety as determined under construction safety and health standards promulgated by the Secretary (of Labor) by regulation.”

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Applicability to contractors (1926.13)

This section provides additional detail on the regulation’s application to contractors and subcontractors.

It is critical to understand that if someone is employed by a contractor or subcontractor at a DOE location (site, facility, building, parcel of land) and they are “working” in construction activities (see previous page, broadly defined), Part 1926 applies.

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Joint responsibility (1926.16)

This section addresses agreements that can be reached between prime contractors and subcontractors regarding safe work conditions.

For example, the prime contractor can agree to provide manual fire fighting equipment and related training for subcontractors.

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General safety provisions (1926.20)

These are “catch all” requirements with which you can be cited if specific standards are not met.Highlights include:

“frequent and regular inspections”“machinery, tools, material and equipment” must be “compliant”employees must be “qualified” to use machinery and equipment

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Safety training and education (1926.21)

This section lays out general responsibilities for safety and health training. It is critical to remember that if you require or EXPECT an employee to do anything that might put them at risk, they have to be appropriately trained. This would include…

…members of the building occupant emergency organization or fire fighters in a mutual aid mode.

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General fire safety requirements (1926.24)

This paragraph establishes a global fire protection and prevention requirement and includes all phases of construction, including “demolition.”

The paragraph ties the general requirements section to the specific fire safety requirements of Subpart F, “Fire Protection and Prevention” of Part 1926.

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Control of combustibles (1926.25)

This section contains broad requirements for clear spaces, such as around buildings (for fire department access) and on stairs (for emergency egress).

This section also calls for removal of debris “at regular intervals” and the provision of appropriate containers for combustible and hazardous materials.

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Personal protective equipment (1926.28)

This section contains a broad requirement for appropriate PPE. It’s orientation is toward conventional workers. But it can be used to cite fire departments and brigades.

The bottom line is, evaluate what your people are doing comprehensively and make sure that they have appropriate PPE.

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Means of Egress (1926.34)

This section contains global requirements for maintaining emergency egress capability. Highlights include:

no locks on doors, with exceptionsrequires signage and illuminationno obstructionsoperable hardware

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Emergency action Plans (1926.35)

The section contains general requirements for the response of employees to emergencies, including:

a range of procedures (operational, evacuation, rescue, medical)

an alarm system of some type

employee training

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Subpart D – Health & Environment Controls1926.50 through 1926.66

In general, while this Subpart does not focus exclusively on fire safety and emergency response, aspects of it contain significant requirements that must be addressed by contractor fire safety programs. The four principal examples are:

Medical services and first aidHazard communicationProcess safety managementHAZWOPER

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Medical services & first aid (1926.50)

The requirements in this section are very broad. DOE would likely expect that NFPA Standard 1710 would be met, among other requirements. Noteworthy among the criteria are requirements for:

First aid supplies at all worksites (.50(d))Proper equipment for prompt transport

of injured from all worksites (.50(e))

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Hazard communication (1926.59)Refers back to 1910.1200

This multi-faceted section requires:Appropriate labeling on containersPosting of MSDSsInformation and training for laboratory

employees**

**Applies to emergency responders for“foreseeable emergencies” (??)

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Process safety management (1926.64)

Another multifaceted section that contains similar and dissimilar requirements from the previous sections, including:

Employee involvement in the development of a process hazards analysis

Much documentation required on hazards, process technology, and process equipment

A documented Process Hazards Analysis

Operating procedures, including emergency procedures

Training of employees, including refresher training

Documented Safety reviews

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HAZWOPER (1926.65)

This section contains extensive, detailed requirements (including much paperwork) governing hazardous waste, waste sites, and workers, including emergency responders. They include:

Comprehensive definition of “hazardous substance” and ”hazardous waste” (.65(a)(2)(iii)(C)(3)

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HAZWOPER (1926.65) continued…

Requires a written general safety and health program (.65(b)(1))

Requires a specific organizational structure

(.65(b)(2))

Requires a comprehensive work plan (.65(b)(3))

Requires a worksite-specific safety and health plan for each work phase (.65(b)(4))

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A safety and health risk analysis “for each work task” (.65(b)(4)(ii)(A))

A documented emergency response plan (H)Confined space entry procedures (I)A spill containment program (J)Pre-entry briefings (.65(b)(4)(iii))Inspections to assess effectiveness of the

safety and health plan (.65(b)(4)(iv))

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There are explicit training requirements in HAZWOPER that may exceed NFPA requirements for training to emergency responders and “supervisors.”

training on worksite hazards (.65(e)(2))

training on worksite engineering

controls (.65(e)(2))

training of supervisors and trainers (e)(4)

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There are explicit requirements in .65(g) that govern engineering controls for hazardous waste that need to be reflected in FHAs and fire safety self-assessments.

There are explicit requirements in .65(j) that govern the handling of drums and containers that need to be reflected in FHAs and fire safety self-assessments.

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Section .65(k) contains explicit requirements for emergency response. The challenge for DOE is to assure the coordination of response between the contractor employees (per the required emergency response plan) and professional emergency responders from the site fire department or off-site emergency responders.

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Section .65(q) contains explicit requirements for the conduct of emergency operations at incidents featuring hazardous substances release.

Documented ER Plan (.65(q)(1) and (2))

Responsibilities of “individual in charge of the ICS” (.65(q)(3))

Requirements for “skilled support personnel (.65(q)(4))

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Section .65(q)(6) details training requirements for five categories of emergency responders:

First responder awareness level (6)(i)

First responder operations level (6)(ii)

Haz Mat technician (6)(iii)

Haz Mat specialist (6)(iv)

On scene incident commander (v)

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Pause here for fire chiefs and emergency managers to note this:

Now that you are subject to the new Rule (Part 851), which adopts Part 1926, you are responsible for being aware of these requirements and reflect them in your policies, programs, plans, procedures, self-assessments (emphasis added).

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The HAZWOPER section of Part 1926 contains additional non-mandatory guidance, including:

Appendix A on PPE test methodsAppendix B on levels of PPE neededAppendix C on compliance**Appendix D references Appendix E on training curriculum

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**Appendix C contains much useful insights into a range of issues that affect fire safety and emergency response, including:

Insights into the content of H&S plansPerspective on training programsEmergency response plansThe incident command systemNew technology and spill containment

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Spray booths (1926.66)

While this section contains many requirements, they are not as comprehensive as the criteria contained in NFPA Standard 33, “Standard for Spray Application Using Flammable or Combustible Materials.” For example, NFPA 33 requires automatic suppression and control of stored combustibles.

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Subpart F – Fire Protection and Prevention (1926.150)

In general, this section contains either broad requirements that are comparable, if not less comprehensive, to DOE directives; or it contains explicit requirements that are both less comprehensive and less conservative than the criteria contained in the corresponding NFPA codes and standards. (The best example is 1926 limited treatment of automatic fire suppression.)

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Fire prevention (1926.151)

There are exceptions to the previous statement regarding conservatism.

More conservative requirements for the construction (.151(b)(2)) and location (.151(b)(3)) of “temporary buildings” than those found in DOE-STD-1088-95, “Fire Protection for Relocatable Structures.”

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Flammable and combustible liquids (1926.152)

This section contains a mixture of specific and general requirements. Many of them are vague. Example: “Inside storage rooms shall be constructed to meet the required fire-resistance rating for their use.” This necessitates consulting the building code and NFPA 30. Complying with NFPA 30 should assure conformance with 1926.152.

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Liquefied petroleum gas (1926.153)

This section contains requirements that are less comprehensive than the criteria delineated in NFPA Standard 58, “Liquefied Petroleum Gas Code.” Compliance with NFPA 58 will assure conformance with 1926.153.

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“Stealth Requirements”In places, 1926 contains imbedded requirements that are (may be) applicable to DOE fire departments and the fire protection program in general. Examples:

Requirement for exit sign letters to be printed on a “white field” (1926.200(d))

Requirements for natural and synthetic rope (1926.251(d))

Requirements for power-operated hand tools(1926.302)

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Subpart J – Welding and Cutting (1926.350)

This section contains a combination of general and specific requirements. Its requirements for fire safety are very weak. (It says nothing about fire-resistant PPE, for example.) DOE’s requirement to comply with NFPA Standard 51B PLUS conformance with the DOE “Safety & Health Bulletin” that was issued after the K-25 fatality (DOE/EH-0196) should assure conformance with 1926.350.

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Subpart K – Electrical (1926.449)

This section parallels the requirements of NFPA 70, “National Electrical Code,” but does not contain as must elaboration of conditions. For example, considering the classification of locations, Subpart K provides a clarifying note that corresponds to FPN 1 of Section 500.5 of NFPA 70. But it does not reflect the text of FPN 2, which provides additional insights into the classification of locations that contains pipes and tanks and exhaust ducts (which have much relevance to DOE). Therefore, conformance with NFPA 70 will likely assure compliance with .449.

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Subpart L – Scaffolds (1926.451)

In this section is a good example of a requirement for worker safety (falling object protection) that affects fire safety (sprinkler discharge).

.451(h)(3) requires the installation of canopies to protect workers without mentioning the need to assure that overhead sprinklers are not blocked.

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Subpart M – Fall Protection (1926.500)

While this section would not impact DOE fire departments or brigade directly, it contains useful requirements that should be consulted when planning training evolutions on roofs and similar high-up locations. (If you have one of your fire fighters fall during such training, you can bet that these criteria are going to be used to evaluate your training program safety.)

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Subparts N & O – Cranes, Derricks, Mechanized Equipment (1926.550 & .600)

As a fire chief or emergency manager, you might not normally think about safety requirements in these sections as being applicable to you. But…

…consider the potential need for and use of bulldozers in wildland fire mitigation. (This was an issue in a DOE wildland fire at Oak Ridge.) .602 requirements for earth moving equipment might be considered applicable if you have an accident.

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Subpart S – Underground safety (1926.800)

Considering the many underground areas in DOE (accelerators, tunnels, underground repositories, facilities to be constructed underground, etc.), the requirements of this section loom large. This section requires careful study by fire protection program managers, fire chiefs and emergency managers. Consider…

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Subpart S – Underground safety continued...

…the .800(g)(5)(i) requirement to provide “…two five-person rescue teams, one on the jobsite…”…the .800(g)(5)(iv) requirement to practice donning SCBA on a monthly basis…the .800(m) restrictions on 1-day supply of diesel fuel storage underground and the prohibition of the use of gasoline underground

Note: Critical to the applicability of this section is the definition of “underground chamber.”

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Subpart T – Demolition (1926.850)

This brief section contains some requirements that can seem contradictory to some NFPA Std. 241 and DOE requirements. Two examples are illustrative:

.850(c) requirement to shut off all utilities (including water) prior to demo.851(a) requirement to close off

stairways that are not required for “access.”

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Subpart U – Explosives (1926.900)

The challenge for the DOE explosives safety community is to reconcile the requirements with those contained in the DOE Explosives Safety Manual.

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Subpart X – Stairways and Ladders (.1050)

Be sensitive to the fact that this section permits a lesser capability to that required under the emergency egress requirements of Part 1910 and the Life Safety Code. Consult DOE D&D guidance and be conscious of the additional hazards facing workers attempting to escape a fire and related event. Also, emergency responders will face more challenges getting into buildings provided with stairs and ladders designed to comply with this section.

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Subpart Z – Toxic Substances (1926.1100)

This section contains very detailed requirements and references the requirements in 29 CFR 1910 to protect “worker” exposed to a spectrum of substances. Emergency responders may also be exposed to these same substances as part their duties. Are you sensitive to what their exposure might be, what additional PPE might be necessary to avoid exposure, what additional reporting requirements might be applicable, what additional health monitoring might apply? (You might want to be.)

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Summary

These few slides are no substitute for becoming more familiar with the text of 29 CFR 1926. Consider them more of a roadmap. Your technical libraries should contain copies of the regulations and representatives of your staffs should take further OTI courses. Your self assessments are required to reflect the fact that you evaluated yourself in comparison to them (just like NFPA codes and standards.)

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Questions should be directed to:Dennis Kubicki, P.E.

301-903-4794

[email protected]

All E-mail questions sent to the above address will be answered in writing, collected, and distributed to all of the

attendees of this OTI course.

Documents

1 Fire Protection and Emergency Services Requirements in 29 CFR 1926 Dennis Kubicki, P. E. Office of Facility Operations Support Office of Environment,