v-xEPA
United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5104)
EPA 550-F-97-006
May 1997
EPA/OSHA JOINT ACCIDENT
INVESTIGATION PROGRAM
Prevention o1F Chemical Accidents
WHAT is THE PURPOSE OF THE
JOINT ACCIDENT INVESTIGATION
PROGRAM?
~fn a 1992 incident, lightning struck a fiberglass storage
JL tank, setting off a series of explosions that released
toxic fumes and spread thick smoke over town. More
than 1,000 people were evacuated, and there were minor
injuries, including nausea, skin irritation, and shortness
of breath. Major chemical accidents and releases like
this happen too often.
'"•"'he purpose of the Environmental Protection
A Agency (EPA)/Occupational Safety and Health
Administration (OSHA) Joint Accident
Investigation Program is to determine the root caus-
es and contributing factors of major chemical acci-
dents and releases and provide recommendations
on what industry, communities, the government,
and other stakeholders can do to prevent similar
events from occurring in the future. The program
was initiated in January 1995, when the
Administration asked OSHA and EPA, under their
own existing authorities, to jointly investigate major
chemical accidents and releases at fixed facilities.
This function is similar to what was envisioned for
the Chemical Safety and Hazard Investigation
Board (CSHIB), which was created by the Clean Air
Act (CAA) Amendments of 1990. The CSHIB was
to have been an independent government investiga-
tive agency modeled after the National.
Transportation Safety Board. The Board was never
funded. However, EPA and OSHA will conduct
their joint investigations under their own authori-
ties.
will conduct these investigations using its
JOauAority under the Comprehensive
Environmental Response, Compensation, and
Liability Act (CERCLA) section 104 and CAA sec-
tions 103, 112, 114, and 307. Likewise, OSHA has
authority to conduct accident investigations under
the OSH Act, which also allows them to promulgate
and enforce mandatory safety and health standards
for the purpose of assuring safe and healthful work-
ing conditions for every worker in the nation.
To initiate the joint agency investigation effort,
OSHA and EPA have developed a
Memorandum of Understanding (MOU) that estab-
lishes the policy and general procedures for cooper-
ation and coordination between the two agencies, to
ensure the most effective possible investigation of
chemical accidents and to limit duplication of
efforts. Major chemical accidents and releases that
meet certain criteria will be chosen for joint agency
investigation. As specified in the MOU, major
chemical accidents and releases are those that result
in fatalities, serious injuries, significant property
damage, environmental damage, or serious off-site
impacts such as evacuation. Other less severe acci-
dents or releases with the potential for grave losses
may also be investigated. Although the primary
focus of each joint accident investigation will be to
determine the root cause(s) of the accident or
release, EPA and OSHA may take enforcement
actions if violations of OSHA and EPA regulations
have occurred. , .
Chemical Emergency Preparedness and Prevention Office
Printed on recycled paper
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EPA/OSHA JOINT ACCIDENT INVESTIGATION PROGRAM
May 1997
In addition to the MOU between EPA and OSHA,
EPA is pursuing individual MOUs with states
having OSHA-approved State Plans.
THo support activities under the MOU, OSHA
JL and EPA are developing other critical pro-
gram components:
* A joint accident investigation protocol is cur-
rently under development. The protocol
will define specific procedures that accident
investigators will follow in conducting
investigations.
«• EPA and OSHA are fostering coordination
and cooperation with other federal, state,
and local investigatory bodies in order to
further increase the efficiency of investiga-
tions.
* Major accident investigation reports may be
reviewed by independent experts. The
results of such reviews, which will be pub-
licly available, will be used to guide and
improve future studies, investigations and
reports and revise reports if appropriate.
* EPA is coordinating with OSHA to develop
an outreach program to stakeholders to
familiarize them with the program, share
progress and results of investigations, and
provide alerts about particular hazards iden-
tified in the course of investigations.
Beyond establishing these comp'onents of the pro-
gram, several accident investigations are under-
way. One investigation report (Terra Industries in
Port Neal, IA), along with its expert review, has
been completed. Prior to the release of a full
investigation report, EPA intends to publish haz-
ard alerts as promptly as possible to increase
awareness of possible hazards. Alerts may also
be issued when EPA becomes aware of a signifi-
cant hazard. EPA has already published four
hazard alerts based on the findings from previous
accidents. Please refer to CEPPO's Home Page or
call the hotline for copies of these or any CEPPO
documents.
FOR MORE INFORMATION.*.
Contact the Emergency Planning and
Community Right-to-Know Hotline
(800) 424-9346 or (703) 412-9810
TDD (800) 553-7672
Monday-Friday, 9 AM to 6PM, eastern time
Visit the CEPPO Home Page on the World Wide
Web at:
http://www.epa.gov/swercepp
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