Little General Store Propane Explosion - US Chemical Safety and ...

Little General Store September 2008
6.0 Regulatory Analysis
6.1 Occupational Safety and Health Administration
The OSHA standard regulating propane systems requires that all personnel “performing installation,
removal, operation, and maintenance of propane equipment shall be properly trained in such function.” 47
However, neither the standard, its preamble, nor letters of interpretation define or interpret “properly
trained,” nor does it provide for specific training standards, requirements for recurrent training, written
testing, or skills testing. OSHA only requires employers to develop training programs they deem
appropriate without providing any performance criteria such as those under the industry’s program.
Additionally, the OSHA standard requires that owners of propane tank(s) be notified prior to work being
done on their tank(s) by others. 48 Although Appalachian Heating employees removed the liquid
withdrawal valve plug from the Ferrellgas tank, Appalachian Heating did not notify Ferrellgas.
6.2 Environmental Protection Agency
Firefighters and emergency medical personnel are typically the first responders to hazardous materials
spills and releases, like the incident at Little General. However, in 26 states (including West Virginia),
state and municipal employees are not covered by the OSHA health and safety regulations that require
first responder hazardous materials training. 49 In an attempt to close the gap, the U.S. Environmental
Protection Agency (EPA) promulgated the Worker Protection standard (Appendix E) 50 for municipal and
state emergency responders.
47
29 CFR 1910.110(b)(16).
48
29 CFR 1910.110(b)(14)(ii).
49
See CSB Report No. 2006-03-I-FL “Bethune Point Wastewater Treatment Plant” for a full discussion.
50 40 CFR 311.
46