Date: Fri, 7 Nov 2008 13:21:44 EST
Reply-To: JAKSAFETY**At_Symbol_Here**AOL.COM
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: JAKSAFETY**At_Symbol_Here**AOL.COM
Subject: Re: Applicability of Safety Regulations to Local Law Enforcement
Comments: To: ecgrants**At_Symbol_Here**UVM.EDU
Ohio has other regulations which require compliance with regulations very  
similar to OSHA's.  Is this the State you are particularly interested  in?
The EPA regulation 40CFR311 requires states like OHIO and Massachusetts  
(which are not state plan states) to comply with OSHA regulations in dealing  with 
emergencies involving hazardous chemical waste: 29CFR1910.120.  There  is no 
exemption for non-state plan states as with other OSHA regulations.
James A.  Kaufman, Ph.D.

Kaufman & Associates
101 Oak Street,  Wellesley, MA 02482
781-237-1335(w) 508-574-6264 (c) 508-647-0062  (f)
email: jaksafety**At_Symbol_Here**  

In a message dated 11/7/2008 1:04:15 P.M. Eastern Standard Time,  
ecgrants**At_Symbol_Here**UVM.EDU writes:

From:  dritschel**At_Symbol_Here**
Subject:     Applicability  of Safety Regulations to Local Law Enforcement
Date:     November  7, 2008 9:42:54 AM EST (CA)

I would like to post the following  scenario/question to the list:

All state and local agencies, to include  local law enforcement  
agencies, for example city police departments,  are exempt from OSHA  
regulations in states that do not have a  state-sponsored plan, such as  
Ohio.  The exemption is stated in  29 USC 654, definitions 4 and 5.

The following is an excerpt from my  correspondence with a contact from  
State and local  government agencies are exempt from federal OSHA  
requirements in  states where there is federal OSHA jurisdiction only.

I have been asked  about the applicability of the safety standards  
codified by the US  EPA, et al, due to this exemption from OSHA  

The  question posed to me dealt with respiratory protection and if the   
local police department is required to adhere to all of the safety   
requirements in the federal regulations, to include the requirement   
for fitness of duty evaluations.

The specific question  was....
"What would be the requirement for fitness of duty testing  and  
respirator fit testing for police officers required to use gas  masks  
(CS, CN, etc) for crowd control (ie. task oriented function as  opposed  
to escape use)?"

Your help is greatly appreciated.  

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