Standards and Legal Implications

The Superfund Amendment and Reauthorization Act (SARA)

Prior to 1986 little thought was ever given to the legal ramifications of the fire service, or even the emergency response individual not performing to an acceptable level of competence. In 1986 Congress enacted Title III of the Superfund Amendment and Reauthorization Act, the rescue service became accountable for their actions...or lack of.  Rescuers are now legally required to perform in a certain way with an acceptable level of success in the outcome of the rescue incident or risk civil and/or criminal litigation.  The old mindset, “Hey, we didn’t create this emergency, we did the best we could based on our training” will no longer stand up in court. 

OSHA 1910.146 (Confined Space)

General Requirements

• Employers  must ID permit required spaces.

•  After ID the employees must be informed of the hazards of that space.

•  If the space is not to be entered, preventative measures must be taken.

•  If entry is to be allowed, a written permit program, compliant with this standard must be developed and shall be available to all affected           employees and/or their representatives.

•  If any non-permit required space changes, the employer shall reevaluate the space to determine if it is now permit required.

•  A permit required space may be changed to non-permit required with the proper evaluation of the space.

•  If outside contractors are used to enter the space they must be notified of any potential hazards just as an employee.

•  Contractors are responsible for compliance with confined space entry procedures and for coordination of any entry with the ‘host’ employer.

•  Training shall be provided for all employees that may enter the space.

Rescue Service Requirements

When provided by onsite personnel the employer shall:

• Ensure that each member is properly trained in use of PPE and rescue equipment.

•  Ensure that each is trained to perform the assigned rescue duties.

•  Ensure that each is trained in performance of all authorized entrant duties.

•  Ensure that each member shall practice making rescues at least once every 12 months by means of simulated operations with manikins, dummies or actual persons from the actual permitted spaces or representative spaces.

•  Ensure that each is trained in basic first aid and CPR.

When performed by outside agencies (FIRE DEPARTMENT) the ‘host’ employer shall:

• Inform rescuers of the known hazards.

•  Provide the service with access to all permit spaces for the purpose of developing rescue plans and to allow for practice within the spaces.

NFPA (ANSI) 1670 and 1006

NFPA 1670 applies to technical rescue procedures of the department, while NFPA 1006 is geared more to the skill level of the individual technician.  Because these standards were adopted by ANSI, they both point their legal fingers at the Authority Having Jurisdiction (AHJ), or in other words, the local fire department and its leadership.  These standards have become very good legal sources of ammunition for industrial injury attorneys.

Most fire departments are very good at providing continued education and documenting the training of its members at the technician level, but if the AHJ is to be consistent with 1670, technical rescue awareness level and operational level training documentation must be addressed as well. 

Although these standards imply that the AHJ has a tremendous amount of flexibility over what level of rescue it chooses to be involved in, there is one other notable area of liability.  NFPA and ANSI require the AHJ to conduct periodic hazard analysis and risk assessment surveys in the organization’s response area for the purpose of identifying the types of technical rescues that are most likely to occur.  These hazard analysis and risks assessments shall by reviewed and updated on a scheduled basis and as operational or organizational changes occur.

Confined Space - What does OSHA say?
Many workplaces contain spaces that are considered "confined" because their configurations hinder the activities of any employees who must enter, work in, and exit them. For example, employees who work in process vessels generally must squeeze in and out through narrow openings and perform their tasks while cramped or contorted. OSHA uses the term "confined space" to describe such spaces. In addition, there are many instances where employees who work in confined spaces face increased risk of exposure to serious hazards. In some cases, confinement itself poses entrapment hazards. In other cases, confined space work keeps employees closer to hazards, such as asphyxiating atmospheres or the moving parts of machinery. OSHA uses the term "permit-required confined space" (permit space) to describe those spaces that both meet the definition of "confined space" and pose health or safety hazards.  The following questions link to information relevant to confined spaces in the workplace.
	What OSHA standards apply? General Industry | Shipyard Employment | Construction Industry | More
	What are the hazards and possible solutions associated with confined spaces?
	What additional information is available? Related Safety and Health Topics Pages | Training | Other Resources