Protecting first responders: Comparing OSHA HAZWOPER and EPA worker protection in the United States

First responders are a crucial part of state and local emergency response frameworks. They answer calls for service in the event of uncontrolled releases of hazardous substances, and are among the first to arrive on the scenes of chemical and biological agent discharges or explosions. In 25 U.S. states, Puerto Rico and the Virgin Islands, public sector emergency workers are covered by federal Occupational and Safety Health Administration (OSHA)-approved state plans that include provisions equal to or more protective than OSHA's federal Hazardous Waste Operations and Emergency Response (HAZWOPER) standard for private-sector workers. However, public emergency responders in states and territories without OSHA state plans are covered by a U.S. Environmental Protection Agency (EPA) worker protection rule that extends HAZWOPER coverage to state and local government employees, such as police, firefighters, emergency medical service technicians, and other responders. Using publically available data for 2006-2010, this project explores enforcement actions for these OSHA and EPA standards, contrasting violations of the HAZWOPER standard in the approximately one half of U.S. jurisdictions where it applies with the other half of states and territories where workers are covered by the EPA equivalent. The analysis investigates patterns of citation or other penalization (e.g., through criminal prosecution) of state and local government employers for violations of the standard applicable in the jurisdiction in which they operate — either state OSHA plan HAZWOPER or the EPA worker protection provision.