EMERGENCY RESCUE

AUTHORITY: California Labor Code Sec. 6317.

POLICY: It is the policy of the Division of Occupational Safety and Health to provide enforcement guidance to compliance personnel concerning hazardous activities which may occur during an employee's performance of emergency rescue.

PROCEDURES:

A. RESCUER HAS OCCUPATIONAL DUTY TO RESCUE

1. The safety and health of employees whose primary job duty is to perform emergency rescue of others are the responsibility of the employer.

2. Compliance personnel shall issue citations to employers for violations of Title 8 Safety Orders which pose a hazard to the employer's emergency response personnel during the performance of their emergency rescue duties, e.g., failure to provide appropriate rescue equipment or effective training.

3. All citations for violations related to emergency rescue operations where the employee has a primary job duty to perform a rescue shall be reviewed by the District Manager and the Regional Manager prior to issuance.

B. RESCUER HAS NO OCCUPATIONAL DUTY TO RESCUE

1. High Likelihood of Emergency Rescue
   1. In establishments where the likelihood of emergency rescue is high, e.g., working in confined spaces, working on unguarded energized power conductors, working in or around trenches and excavations and emergency response incidents, but where employees have no primary job duty to perform emergency rescue, employers have an obligation to address emergency response procedures, including emergency rescue, in their Injury and Illness Prevention (IIP) Program.

   2. In addition, employers have an obligation to provide employees who are most likely to be involved in emergency rescue with appropriate rescue equipment and effective training.

   3. Employers in establishments where the likelihood of emergency rescue is high may be subject to an enforcement action under 8 CCR Sec. 3203, or another Title 8 Safety Order, for failing to provide their employees who are most likely to be involved in emergency rescues with appropriate rescue equipment and effective training.

   4. Any Citation, Notice, Information Memorandum, Special Order or Order to Take Special Action related to emergency rescue in establishments where the likelihood of emergency rescue is high shall be reviewed by the District Manager, the Regional Manager, the Legal Unit, and the Deputy Chief for Field Operations prior to issuance.

2. Low Likelihood of Emergency Rescue
   1. In work environments where the likelihood of emergency rescue is low and where employees do not have a primary job duty to perform emergency rescue, employers would not be required to address emergency rescue in their IIP Program, or to make available appropriate rescue equipment and effective training, unless specifically required to do so by another applicable Title 8 Safety Order.

   2. If, during the performance of an emergency rescue (whether successful or not), an employee engages in a hazardous activity which may represent a violation, compliance personnel shall document the hazardous activity.

   3. Documentation of the hazardous activity shall be reviewed by the District Manager, the Regional Manager, the Legal Unit, and the Deputy Chief for Field Operations to determine if the activity constitutes a violation prior to issuance of any Citation, Notice, Information Memorandum, Special Order or Order to Take Special Action.