Industrial Health and Safety/petrolelum tanker fatality

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Question
Dear Sir,

I have the following question:

"A fleet of fuel tanker belonging to a contractor are  engaged in transporting various  petroleum products from the marketing depots of a Company to its  network of  filling stations located  in different  locations of the country.

While returning to the Depot after delivering a load in one of the filling station, one of the tanker met with an accident  (in the highway) with another  heavy vehicle and the driver of the tanker expired as a result".

can you suggest me on whose account this to be recorded - Company, or contractor and how?

regards,
Balaji Shantaram, CSP
Sr. Safety Specialist
HSE Department
Kuwait Petroleum Corporation
3rd Floor, Oil Sector Complex
P.O. Box 26565, Safat
Pin code 13126,  Kuwait

Email-Personal      
Email-Official      
Mobile          00965 -  99261076
Ph.          00965 – 24994877
Fax.          00965 – 24994113

Answer
Hello Balaji,

Under U.S. OSHA standards it is clear. The employer who of the driver who died is responsible and therefore it goes on their injury record.  It does not matter whether the injury or fatality occurred on site or away from it. OSHA CFR 1910-1904 should help you (see the link below). It provides a Q and A.

However, since you are overseas the best reference would be the employer’s home laws and standards that the employee worked. Some countires may also required you keep a record so they can track it as well. However, in most cases a regarding "who is responsible for recording an employee’s injury or death" would follow the same as used by OSHA, but each country is different.

Hope that helps you.

Wayne



http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=9638&p_table=STANDARD  

Industrial Health and Safety

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Wayne Adams

Expertise

I can answer general questions in the areas of HAZWOPER, respiratory protection, cave-in protection, confine space entry, DOT Fleet Safety and RCRA Hazardous Waste Management. Behavior Based Safety and organizational development are also topics in which I can provide input.

Experience

I currently work as a Corporate Health and Safety Manager for a GeoTechnical Engineering firm responsible for program development and training technical staff (engineers, geologist and biologist) in OSHA HAZWOPER radiation safety and industrial hygiene practices to ensure safety and compliance. My past experience includes working as a Senior Environmental, Health, Safety and Security Manager over an 8 State Region responsible for EHS&S development, interacting with regulatory agencies, auditing wastewater discharge permits, SPCC plans, hazardous waste management, and air emissions compliance. Additional work has included responsibility for EHS management and development of projects within the industrial and municipal sectors to include water and wastewater, microelectronics, resin regeneration, activated carbon manufacturing and hazardous waste treatment facilities throughout a 10-State Region and Western Canada.

Organizations
- American Society of Safety Engineers (ASSE) - Alliance of Hazardous Materials Professionals (AHMP)

Education/Credentials
- M.S. Health and Safety, Columbia Southern University, Orange, AL. - Graduate Certificate Environmental Management, Columbia Southern University, Orange, AL. - MA, Organizational Leadership, Chapman University, Orange, California. - Graduate Certificate Human Resources, Chapman University, Orange, California. - BS, Workforce Education and Development, Southern Illinois University.

Awards and Honors
- Certified Safety Professional (CSP) - Certified Hazardous Materials Manager (CHMM) - Registered Environmental Assessor – CAL-EPA - Underground Tank Site Assessor – WA

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