Emergency Response Team

[TechSupport1]

I am the Production Manager of a chemical plant. The Operators and Foremen are required by the plant management to attend Emergency Response Training which can be very physically demanding. I had a foreman approach me who said he was in his 60s and felt like he should not be required to attend this training. I know in some plants it is optional but for us it is a requirement. The safety manager has stated that it is required by OSHA that these personnel attend the training and be on the Emergency Response Team at the plant. How can we satisfy OSHA requirements and be considerate of the physical limitations when personnel age to above 60 and are still valuable employees?

 

[safetydan]

This is a problem that many are facing with an aging workforce. I am going to assume you are talking about sending your employees to a 40 hours HAZWOPER training. That being the case, part of the training can be physically demanding, particulary the donning and use of level A PPE. However, you have to tread very lightly over "forcing" some one of a certain age to perform a potentially strenuous activity. OSHA does provide an exemption to the training requirements if your employee can show "equivalent" training. Ref: 29 CFR 1919.120(e)(9). This is probably your only option for bypassing the course.

 

[dcasto]

The only thing hazwopper says it that in order to be part of a responce you need the training. If your company makes it a condition of employment to be on a responce team, then they have to let the person go (fire him). Next be prepared for ADA lawsuit on discrination and making reasonable adjustments to accomadate employees. Because a PLANT is not MANDATED by OSHA to even have a ERT, then how can you make being on the team a condition of employment?

 

[heieup]

We have similar requirements for use of BA where I work. It is a mandatory requirement for the job as it would be required in a major breakdown or emergency situation.

Where we have made exception is where employees are not physically fit to do this training. If individuals or management are concernd about someone's suitability then we get them checked out on a medical and base our decision on this. Face it you can't fire them because they can't do it particularly on age grounds but you will probably have to put contingency plans in place. Equally individuals can't duck out just becase they don't want to do it any more. An independant assessment is quite effective.

 

[safetydan]

OSHA does mandate an ERT in certain situations. If you fall under the PSM requirements of OSHA, then you are required to have an ERT team. However, you can not fire someone because of their age, you will get a discrimination lawsuit filled very quickly. Like I noted, OSHA does have an "out" as far as training requirements.

 

[dcasto]

safetydan, quote chapter and verse in OSHA PSM that mandates an ERT.

 

[safetydan]

Sorry I don't quote scripture and I don't do people's job for them. If you really want to know, then read the standard yourself. Try 29 CFR 1910.119 (13).

 

[safetydan]

Plus I will state that I was in error, but OSHA does state that you do have to have an EAP. In MOST organizations, the EAP contains an ERT.

You are still wrong in that if someone does not complete what you consider training, then they must be fired or released. Consider a 30 year employee who was the founding member of an ERT, knows more about the processes of a plant than anyone else, but recently suffered a heart condition that does not allow him to participate in annual refresher training mandated by the company. Should he be fired or dropped from the responce team, even if he is considered to be the incident commander?

 

[dcasto]

If you fire an employee that can not pass a physical to be on an ERT, then you might as well give the keys to executive wash room, 'cause he will own the place.

At our hazwopper/psm facilities, we declare the local volenteer fire department as our ERT. Done. We state 911 is our EMT. Done. In Friendswood Texas, if you think your company person is the IC outside you fenced area, think again, the fire Chief will revlieve your person and he will be the IC.