On April 20, 2010, the Deepwater Horizon, Mississippi Canyon 252 well suffered a catastrophic explosion and resulting oil spill that not only took the lives of 11 workers on the rig, but spewed crude oil into the Gulf of Mexico in unprecedented proportions. Estimates of the oil spewed into the Gulf range from 4 million barrels to 6 million barrels (of which an estimated 990,000 barrels have been recovered), dwarfing the 750,000 barrels spilled in the Exxon Valdez incident 20 years ago. (More on these calculations below)

 

According to the Incident Commander, Admiral Thad Allen, as of July 28, 2010, response crews have laid approximately 11 million feet of boom, dumped 1.79 million gallons of dispersant into the Gulf and have a response effort of 811 skimmers, nearly 6,000 vessels of opportunity, 1000 federal, state and private organizations and contractors and over 45,000 personnel. In addition, the Obama Administration has authorized 17,500 National Guard troops to respond, 1,525 of which are currently active. 100 days later, we’re still waiting on a permanent solution to plug the well.

 

Initially, it was believed that the oil was going to inundate the entire Gulf Coast and the National Command Center instituted a National Emergency Response and immediately set up an incident command center in Mobile, AL. It has since set up several major staging areas from Florida to Texas, numbering 17 to date. Now for the oil; mysteriously, like the famous “Waldo”, everyone is asking the question: “Where is it?”

 

TWO MOST ASKED QUESTIONS

There are two main questions that seem to go unanswered. First, exactly how much oil is out there, floating around in the Gulf; and two, are we being told the truth about the potential health effects for response workers and what training obligations do I have as an employer?

 

First as to how much oil is out there. According to the Federal Government’s incident command, they have recovered over 31 million GALLONS of an “oil water mix” and about 709,134 BARRELS of actual oil through the containment cap efforts. [Notice first off, that both the Government, and BP, intermix “gallons” and “barrels” for their own benefit. When they want the quantities to be low, they speak in barrels (like the amount of oil that actually spilled into the Gulf). When they want the quantities to be high, they use “gallons” (like the amount of oil they have recovered to date)]. Bear that in mind as you read this; I’ll do the math for you so we can actually compare apples to apples.

 

If we use flow rate estimates on the low end of 4 million BARRELS, even if the recovered “oil water mix” was 50/50, that would amount to less than 281,818 additional BARRELS of oil (15,499,990 gallons), bring the total recovered to 990,952 barrels. So that leaves over 3.1 MILLION barrels unaccounted for at the minimum estimates of what entered the Gulf. According to the Government, 10 Million GALLONS have been burned in controlled burns (181,818 barrels) so you STILL have over 3 million BARRELS of unaccounted for oil. That is still over three 4 times the size of the Exxon Valdez, even if you use the lowest estimate that is still unaccounted for! Why can’t we find it? Microbes don’t eat it that fast. It doesn’t dissolve through wave action that fast, especially with this hurricane season so far. Seems like we might not get an honest answer to that questions until we have the first legitimate storm surge this hurricane season; we might not like what we find out!

 

Second, are we being told the truth about the potential health effects for response workers? Well, according to the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) two government agencies responsible for providing worker safety, air monitoring has detected no limits of hazardous chemicals in the atmosphere that exceed acceptable limits for employee exposure. Their data backs up BP’s similar claims based on BP’s air monitoring.

 

There is no argument that the millions of gallons of dispersant being dumped into the Gulf on a daily basis contain some hazardous chemicals. But OSHA maintains that there are no levels that exceed acceptable limits:

 

“Note 1: OSHA is currently monitoring worker exposures and looking for levels of airborne exposure shown likely to cause health effects from chemical exposure to fresh crude oil, weathered oil, dispersants, cleaning agents and other materials. Current OSHA monitoring results can be found at http://www.osha.gov/oilspills/oil_directreading_bysite.html. To date, no air sampling by OSHA has detected any hazardous chemical levels of concern.”

NIOSH and OSHA Interim Guide for Protecting Deepwater Horizon Response Workers and volunteers, 7/26/2010

 

So inhalation is not a problem at this time according to OSHA and NIOSH. What about Absorbsion; the entering of your body through being absorbed by your skin, eyes or hair? The same report says this about protecting skin:

 

“Thus, use of gloves and protective clothing is recommended to minimize skin contact with weathered oil, including oil deposited on the shore (“tarballs” or “tarpatties”). Appropriate hand hygiene facilities should be readily available to clean incidental skin exposures.” Id.

However, Dr. David Michaels, in a prepared statement given July 22, 2010, said:

 

"If someone is at a beach that has been impacted by the oil spill, they may see workers wearing protective clothing to prevent their skin from coming into contact with weathered oil. Skin contact with weathered oil can cause dermatitis.

"Workers who are on the beach, but are not going to come in direct contact with weathered oil, are not required to wear protective clothing. Any individual not wearing protective clothing should avoid coming in contact with the weathered oil.

"For workers involved in beach cleanup operations where solid tar balls or tar patties are being removed using shovels, rakes, buckets, etc., OSHA only recommends the use of gloves, boots and long pants, but not coveralls. In these cases, when such coveralls are not necessary, OSHA does not recommend using disposable coveralls because of concerns for heat stress.

"However, in other operations such as removal of oiled debris, cutting oiled vegetation, and mopping up liquid oil mousse , using chemical protective coveralls is warranted. These operations have a greater risk of skin contact with weathered oil; therefore, a greater level of protective clothing is necessary.

Department of Labor: Release Number: 10-1034-DAL, July 22, 2010

SO WHAT TRAINING IS REQUIRED AND HOW DO I GET IT?

 

OSHA has altered the training guidelines several times since the beginning of the oil spill as new information becomes available. Currently, OSHA has a page on its website dealing specifically with the training requirements: http://www.osha.gov/oilspills/training.html

 

That page has one document directly dealing with required training and is called an “OSHA Fact Sheet” entitled “Current Training Requirements for the Gulf Oil Spill [July 21, 2010].” In a nutshell, this is what that OSHA document requires:

ONSHORE CLEANUP

 

If you are:	You must receive:
Doing work that does NOT involve materials contaminated by the spill	45 minutes of site training [Module 2 or equivalent Site Health Safety and Environment (HSE) Orientation or equivalent]
Doing work picking up tar balls and other oil-contaminated debris on beaches and along the shoreline	4 hours of site training [Module 3 – shoreline Spilled Oil Response] NOTE: These workers will be supervised by someone with 40 hours of hazardous waste operations training.
Doing work at decontamination areas, handling or cleaning oily boom and equipment, or using vacuum trucks and portable skimmers to clean up weathered oil along the shoreline	4 hours of site training [Module 2 or equivalent Site Health Safety and Environment (HSE) Orientation] and 40 hours of hazardous waste operations training. NOTE: These workers will be supervised by someone with 40 hours of hazardous waste operations training. BP is not providing the 40-hour hazardous waste operations training.

 

MARINE VESSELS AND VESSELS OF OPPORTUNITY (VOO)

 

If you are:	You must receive:
A captain or crewman working on a VOO involved in defensive booming, moving work crews around, or providing other types of support	4 hours of training [Module 3 – Marine Spilled Oil Response]
A captain or crewman working on a VOO involved in skimming, oiled boom, or controlled burns	8 hours of training* [Module 3 – Marine Spilled Oil Response and Module 4 – Marine Vessel Health and Safety] NOTE: These workers will be supervised by someone with 40 hours of hazardous waste operations training.
Doing work on a marine vessel involved in environmental sampling near the source of the release	45 minutes of site training [Module 2 or equivalent Site Health Safety and Environment (HSE) Orientation] and 24 hours of hazardous waste operations training. NOTE: These workers will be supervised by someone with 40 hours of hazardous waste operations training.
Doing work on a marine vessel involved in other operations near the source of the release	45 minutes of site training [Module 2 or equivalent Site Health Safety and Environment (HSE) Orientation] and 40 hours of hazardous waste operations training. NOTE: These workers will be supervised by someone with 40 hours of hazardous waste operations training and 8 hours of Supervisory training. BP is not providing the 40-hour hazardous waste operations training.

If you have already taken the 4-hour “Module 3 – Marine Spilled Oil Response,” you will only need to take the additional 4-hour “Module 4 – Marine Health and Safety” class. BP is making plans now to provide this class to you in the very near future.

SUPERVISORS

 

If you are:	You must complete:
Supervising any onshore operations and VOO operations involving weathered oil	40-Hour HAZWOPER training and 45 minutes of site training [Module 2 or equivalent Site Health Safety and Environment (HSE) Orientation]
Supervising a marine vessel working near the source of the release OR Supervising a marine vessel with potential contact with fresh oil	40-hour HAZWOPER training and 8 additional hours of supervisor training and 45 minutes of site training [Module 2 – Site Health Safety and Environment (HSE) Orientation (includes Basic Health & Safety Orientation)]

 

Modules 1-4 are being paid for by BP, and taught by their primary training company PEC, who trains as part of the BP badging process. But BP does NOT pay for the 40-Hour HAZWOPER course or the 8-Hour HAZWOPER Supervisor course. So what is required for the 40-Hour HAZWOPER and Supervisor training? The Fact Sheet says:

 

“The 40-hour HAZWOPER training must include a combination of classroom and hands-on training. Computer-based training can be used as part of the training program, but alone does not meet OSHA’s requirements. Training covers topics like the makeup and risks associated with the hazardous material(s) involved, hands-on work with the equipment needed for the work, and the local environment. OSHA also recommends that there be at least 1 trainer for every 30 students in the class.”

 

Then the fact sheet has a caution:

 

“BEWARE: OSHA has received reports that some trainers are offering the 40-hour HAZWOPER training in significantly less than 40 hours, showing video presentations and offering only limited instruction. Training cannot be shortened to anything less than 40 hours or it will not meet OSHA’s requirements. And, as noted, training must include both classroom and hands-on instruction – videos and computer based training alone cannot be used to meet OSHA’s 40-hour classroom training requirements or the additional days of supervised field experience. Be sure a class meets OSHA requirements BEFORE paying for it. In addition to the quality of the training, OSHA has received reports of trainer not giving workers their certificates after they finish the class. If you have a problem getting your certificate, contact your local OSHA Area Office for additional information.”

 

Determining whether a class “meets OSHA requirements” is no small task. OSHA regulates the 10-hour and 30-hour training for both Construction and General Industry through the OSHA outreach training program, where instructors are specifically authorized by OSHA, to teach those programs, with curriculum designed, in part, by OSHA, and administered by Universities in each OSHA region of the United States. The OSHA 10 and 30-hour cards are then issued directly by OSHA.

 

The 40-hour HAZWOPER and 8-hour HAZWOPER Supervisor (and all other HAZWOPER classes), although required by the OSHA regulations (29 CFR 1910.120 [1926.65 for Construction]) are not similarly dealt with by OSHA. The standards set out the basic training guidelines, which are minimal at best. The OSHA website addresses the question “What are training or certification requirements for HAZWOPER trainers?”

 

“The ‘Hazardous Waste Operations and Emergency Response’ standard (HAZWOPER), 29 CFR 1910.120, states in paragraph (e)(5) that "Trainers shall be qualified to instruct employees about the subject matter that is being presented in training". In addition, 29 CFR 1910.120(e)(5) explains that the qualifications of the instructors may be shown by academic degrees, completed training courses and/or work experience.

At this time, OSHA does not have any specific requirements to certify an instructor. The subjects that trainers should be able to convey to employees at hazardous waste operations who need training are summarized in paragraphs (e), (p) and (q) of the HAZWOPER standard.”

Frequently Asked Questions: HAZWOPER; http://www.osha.gov/html/faq-hazwoper.html#faq6)

SO HOW DO I KNOW IF A TRAINING PROGRAM IS LEGITIMATE?

 

In determining whether or not a training program “meets the OSHA requirements” one necessarily has to look at the qualifications of the trainer and the contents of the program. Here are some tips:

 

1. Look for a trainer that can present a certificate that shows that they have completed a “Train the Trainer Program” for HAZWOPER. The certificate should be less than a year old, or have a refresher certificate (unless the trainer has trained HAZWOPER classes in the past 12 months, recertification may not be necessary). If no certificate, the trainer should have other credentials that give you a comfortable feeling that they have additional training (example a degree in industrial hygiene) or experience (5 or more years experience in oil-spill clean-up for example) so as to provide a good training program for your employees.
2. Ask what the nature of the training is. The training MUST include active classroom lectures by the instructor. OSHA cautions that simply playing videos for 40 hours doesn’t cut it, nor does all online training classes. There must be formal classroom training.
3. Ask what the attendance requirements are. How often is attendance taken? How is it recorded? Daily attendance via sign-in sheets should be maintained.
4. Ask how many students are allowed in the class. The OSHA outreach training guidelines limit an outreach trainer to no more than 50 students in a class. The OSHA Fact Sheet for the Deepwater Horizon response “recommends” a 30/1 ratio. 50 students per trainer should be the maximum class size. A class, therefore of 100 students, would require two trainers.
5. Ask specifically, how many hours are being taught. Ask the trainer “can you get me an express kind of class so I can get the training in less than 40-hours?” If you get an affirmative answer, turn and run the other way. OSHA requires a FULL 40-hours of training (or 8 hours for the Supervisor class). If the full 40-hours aren’t being taught, the course does not meet the OSHA requirements.
6. Find out what hours the classes are taught. The OSHA outreach training guidelines for the OSHA 10 and 30 hour classes are that you can teach 10-hours in a day. But January 1, 2011 the rules are changing, and outreach trainers are not going to be able to teach more than 8-hours in a day, and OSHA is indicating their preference that both the 10 and 30 hour classes be taught in 5-hour increments (so 2 sessions for the OSHA 10 and 6 sessions for the OSHA 30) because the student attention span and retention are just not as good after 8 hours. 10-hour classes are still permissible, but classes lasting 12 or more hours in a day should probably be passed up.
7. Look for outreach trainers that also teach the 40-Hour HAZWOPER. You have a pretty good chance that if an OSHA authorized outreach trainer is teaching the 40-hour HAZWOPER class, they are going to teach a legitimate course, because they wouldn’t want to jeopardize their OSHA outreach training status by offering a class that does not meet current OSHA requirements.
8. What type of certificate will be issued upon completion of the class? The certificate should have these minimum requirements:
   1. Should have the date of the course
   2. Should be “signed” by the instructor (not just the instructor’s name typed in a “script” font)
   3. Should have a unique certificate identification number so you can call and verify the validity of the certificate, and that it was in fact issued to the named student on the certificate.
   4. Should have a reference to the Code of Federal Regulations section for which the training was provided (e.g., 29CFR1910.120(e), as an example)
   5. Should list the hours of the training (e.g., 40-Hour HAZWOPER, or 8-Hour HAZWOPER Supervisor)
   6. Should have the name of the training company on the certificate, and a telephone number where you can call to verify the authenticity of the certificate.
   7. Having the certificate holders name, date of the class, class information etc. machine printed or typed in the respective areas is an indication that it was a more formal program where blank certificates are not just handed out by instructors at the end of class (or in some dark alley).
   8. If the certificate has a watermark, or design behind the printing, this is a bonus because it makes it very difficult to forge those certificates by simply using “white-out” to hide the original certificate holder’s name and type or write in another name.

1. Find out if wallet cards are given IN ADDITION to the certificates. Most legitimate training companies provide wallet cards that have the same basic information as the certificate, student name, instructor name [although most of these are not signed by the instructors] unique identification number (should match the certificate number) and the course description). Some companies will give students the option, for a small additional charge (usually not exceeding $15) to get laminated walled card with their picture on it.
2. Last, but not least, remember that the 40-hours of instruction are not ALL that is required to have valid 40-hour HAZWOPER training. The OSHA standard requires that with the 40-hours of hands-on training, “a minimum of three days actual field experience under the direct supervision of a trained experienced supervisor” is necessary. 29CFR1910.120(e)(3)(i) It will likely be your obligation as an employer to see that newly certified workers get this supervision by trained supervisors in your employ.

 

Beware of training programs that tout that the students are “medically qualified and respirator fit-tested.” It is the EMPLOYER’s obligation to assure medical qualification to wear a respirator and to assure that the specific make and model or respirator which its employees might be required to donn have been fit-tested for each individual employee. No training company can “fit-test” your employees, unless they are training for your company specifically, and you have provided them with a wide variety of respirators (both models and sizes) so they can fit-test specific respirators with specific students, and then ONLY the make and model that the employee was fit-tested for, will that employ be authorized to utilize. Fit testing is generally up to the employer based on the fit-testing procedures and protocols contained in your Respiratory Protection Program pursuant to 29CFR1920.134, which all employers are REQUIRED to have if they are going to have any employees wearing respirators. Many less than reputable 40-Hour HAZWOPER training programs spend an entire 8 or 10-hour day running all the participants through “fit-testing” complete with the bitrex or smoke test for respirators that, at the end of the day, only accomplish cheating the employees out of 8 or 10-hour of hazard training that they were supposed to be getting and not having any meaningful fit-test when they actually are given respirators to donn.

 

The OSHA and NIOSH training standards for Gulf oil spill workers change frequently and employers will do well to keep checking the OSHA website (www.OSHA.gov) for the latest updates. Remember, it is the EMPLOYER that has the responsibility to assure that its employees have the proper training to protect them from the hazards they may encounter as part of their job duties. Don’t come up short by not making sure your employees are properly certified.

 

Like what we know about death and taxes, there IS oil out there somewhere, and it will be coming to shore in one form or another, in small or vast quantities for years to come. The first hurricane that brings oil along with the storm surge will probably bring with it, HAZWOPER training requirements for ALL clean-up workers. Safety must always be first.