Fire Protection and Emergency Services Requirements in 29 CFR 1926

1
Fire Protection and Emergency Services
Requirements in 29 CFR 1926

• Dennis Kubicki, P. E. Office of Facility
  Operations Support
• Office of Environment, Safety Health

2
Scope (1926.10)

• Applies to construction, alteration and repair
  (interpreted to include DD)
• 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.

3
Applicability to contractors (1926.13)

• This section provides additional detail on the
  regulations 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.

4
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.

5
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

6
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.

7
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.

8
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.

9
Personal protective equipment (1926.28)

• This section contains a broad requirement for
  appropriate PPE. Its 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.

10
Means of Egress (1926.34)

• This section contains global requirements for
  maintaining emergency egress capability.
  Highlights include
• no locks on doors, with exceptions
• requires signage and illumination
• no obstructions
• operable hardware

11
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

12
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 aid
• Hazard communication
• Process safety management
• HAZWOPER

13
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))

14
Hazard communication (1926.59)Refers back to
1910.1200

• This multi-faceted section requires
• Appropriate labeling on containers
• Posting of MSDSs
• Information and training for laboratory
• employees
• Applies to emergency responders for
• foreseeable emergencies (??)

15
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

16
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)

17
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))

18
HAZWOPER (1926.65) continued

• 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))

19
HAZWOPER (1926.65) continued

• 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)

20
HAZWOPER (1926.65) continued

• 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.

21
HAZWOPER (1926.65) continued

• 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.

22
HAZWOPER (1926.65) continued

• 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))

23
HAZWOPER (1926.65) continued

• 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)

24
HAZWOPER (1926.65) continued

• 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).

25
HAZWOPER (1926.65) continued

• The HAZWOPER section of Part 1926 contains
  additional non-mandatory guidance, including
• Appendix A on PPE test methods
• Appendix B on levels of PPE needed
• Appendix C on compliance
• Appendix D references
• Appendix E on training curriculum

26
HAZWOPER (1926.65) continued

• Appendix C contains much useful insights into
  a range of issues that affect fire safety and
  emergency response, including
• Insights into the content of HS plans
• Perspective on training programs
• Emergency response plans
• The incident command system
• New technology and spill containment

27
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.

28
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.)

29
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.

30
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.

31
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.

32
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)

33
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.) DOEs
  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.

34
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.

35
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.

36
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.)

37
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.

38
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

39
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.

40
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.

41
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.

42
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 DD
  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.

43
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.)

44
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.)

45

• Questions should be directed to
• Dennis Kubicki, P.E.
• 301-903-4794
• dennis.kubicki_at_eh.doe.gov
• 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.