DCHAS-L Discussion List Archive
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**aol.com
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**earthlink.net
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
OSHA....
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
standards.
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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