EAP vs. FRP: Doesn’t my FRP address this already? (OSHA-OPA90 Discussion)

First, let’s define this week’s acronyms: EAP, Emergency Action Plan; FRP, Facility Response Plan. The acronym EAP is found in various regulations; however, today we’re addressing the Occupational Safety and Health Administration’s (OSHA) requirements found here (29 CFR 1910.38). This week I use the term FRP in reference to the plans required under the Oil Pollution Act of 1990 (OPA90) for the Pipeline and Hazardous Materials Safety Administration (PHMSA), the Environmental Protection Agency (EPA), and the United States Coast Guard (USCG).

While developing FRPs, some companies choose to develop what is called an Integrated Contingency Plan (ICP). An ICP has no regulations tied to it; it is solely a mechanism to put like documents under one cover to minimize individual manuals with redundant information. There’s always a lot of confusion on ICPs, as many think this is a rule - it’s not.  Developing ICPs is a common industry practice for large downstream operations who tend to develop “One Plans” which cover a plethora of regulations. Midstream operations where facilities typically don’t have a lot of personnel on site do this too, making consolidation of regulations easier. Beyond including EAPs in these ICPs, companies sometimes, for example, include Resource Conservation and Recovery Act (RCRA) plans, Pollutant Discharge Elimination System (NPDES) plans, Dock Operation Manuals (DOM), etc.  All of these are acceptable; however, one must be mindful not to assume just because you have one regulation addressed already in your ICP, which may be very similar to another regulation, that all the requirements are being addressed properly for both.

Why am I narrowing on OSHA’s EAP this week when there are so many variables here? Well, inclusion of EAPs are the most common “add-on” regulation we see at Witt O’Brien’s in ICPs, and 99% of the time our clients have missed some key EAP requirements. Why? As there’s so much detail in FRPs, it’s assumed too often this addresses everything, and further, the name alone, Facility Response Plan, makes a lot of companies assume it covers all the EAP requirements.  

Items not found in OPA90, or commonly not addressed to the level OSHA is looking for:

• Procedures to be followed by employees who remain to operate critical plant operations before they evacuate …
• Procedures to be followed by employees performing rescue or medical duties …
• FRPs require this; however, most do not include the level of detail in these as intended here: An employer must have and maintain an employee alarm system. The employee alarm system must use a distinctive signal for each purpose and comply with the requirements in §1910.165 …
• FRPs require this; however, most do not include the level of detail in these as intended here: Procedures for reporting a fire or other emergency… (§1910.39)

 29 CFR 1910 Index for additional reading.

In the past 6 months, we’ve had several companies reach out to us due to OSHA and internal audits on the above items. All had confusion, as they thought their FRPs prepared by 3rd parties should be covering this already and they wanted verification.   

This week’s main take-aways:  don’t use checklists to write your plans, don’t assume if you have one regulation addressed already in your plan it covers the next fully; however, buildout cross-references for every regulation you intend to address, and use this to check your plan against. I’ve been at this for over 17 years, and I still find while doing my cross-reference reviews items we’ve missed, and would never had been caught without it – no one can memorize the thousands of regulations by which we all must abide.

Need some compliance assistance with your OPA90 or OSHA programs, or just have a question? Email John Carroll ([email protected]), Associate Managing Director - Compliance Services at Witt O’Brien’s or reach me by phone at 281-320-9796.

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