Hazardous Materials Surveillance Section Personnel

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POLICY X-X.01 TO: FROM: DATE: SUBJECT: Hazardous Materials Surveillance Section Personnel Liza Frias, REHS, Director Environmental Health Pending approval Authorized Emergency Vehicle Operation I.

1 POLICY X-X.01 TO: FROM: DATE: SUBJECT: Hazardous Materials Surveillance Section Personnel Liza Frias, REHS, Director Environmental Health Pending approval Authorized Emergency Vehicle Operation I. PURPOSE The purpose of this policy is to outline who is authorized to operate an Emergency Vehicle and to outline the circumstances for a Code 3 (emergency lights and siren) response. Responding to hazardous materials emergencies is a core function of the Environmental Health Hazardous Materials Emergency Response Team (also referred to as the Health HazMat Team). A tremendous amount of responsibility is given to, and is assumed by, the emergency vehicle operator (EVO) while operating an emergency vehicle when responding to a hazardous materials emergency. When emergency warning lights and siren (Code 3) are used, the EVO must operate the emergency vehicle in the safest and most prudent manner. Safe arrival at the emergency scene shall be, and must always remain, the first priority of the EVO. II. CIRCUMSTANCES FOR CODE 3 RESPONSE 1. The use of Code 3 is reserved for limited circumstances when the EVO has actual knowledge or has been requested by the incident commander to respond immediately due to an imminent threat and a delay in responding to the incident may result in injury, loss of life, significant damage to or destruction of personal or public property, or significant environmental damage. 2. The EVO may respond in Code 3 under the following specific and limited circumstances: a. Responding to an active on-going fire operation involving flammable, combustible or toxic hazardous materials. For example, commercial structure fire at chrome plating shops, chemical polymerization (run-away reaction) at manufacturing facilities or research laboratory accidents involving flammable or toxic substances are hazardous materials emergencies that require the technical expertise of the Health Hazmat Team to assist the incident commander with the fire operation to prevent injuries or loss of life to first responders. b. Response to an explosive device detonation by the Orange County Bomb Squad. Emergency detonation of unstable shock-sensitive materials or degraded military ordinance on public land requires expedited coordination between the Bomb Squad and the Health Hazmat Team to prevent injuries or loss of life. Page 1 of 8

2 c. Response to a chemical, biological and/or radiological terrorism involving a significant injury or loss of life. (Significant injury means any injury that may result in permanent disfigurement or loss of limbs.) For example, incidents involving chemical warfare agents, bio-terrorism agents, and radiological with improvised explosive device are hazardous materials emergencies that require immediate response. d. Response to an evacuation of mass-gathering sites involving hazardous materials. Massgathering sites may include airports, fairgrounds, educational institutes, universities, government facilities and amusement parks. A delay in response to provide technical expertise to assist the incident commander may result in large number of casualties, significant injuries or loss of life. III. PROCEDURES OPERATING EMERGENCY VEHICLE 1. Responding in Code 3 Although the California Vehicle Code (VEH) exempts EVOs from compliance with certain provisions, this policy restricts and dictates the specific manner the EVO shall operate an emergency vehicle in Code 3. The EVO must understand that Code 3 warning devices only request the right-of-way; they DO NOT ensure the right-of-way. a. The EVO shall NOT, under any circumstances, operate the emergency vehicle in the opposite direction lane of traffic. If the path of travel is congested or blocked, the EVO shall find an alternate route such as parallel streets to get around the congested traffic conditions or wait until other vehicles yield the right-of-way to the emergency vehicle. b. The EVO shall NOT, under any circumstances, swerve in and out of traffic. c. The EVO may use the shoulder of the freeway when the speed of traffic has slowed to 10 mph or below. While on the shoulder, the EVO shall NOT operate the emergency vehicle above 5 mph of the flow of traffic. d. While on the freeway, the EVO shall make every attempt to drive in the number one far left lane. The emergency vehicle should stay in that lane until required to exit the freeway. e. Emergency lights are NOT authorized for non-emergency situations or routine inspections. 2. Maximum Speed When responding to an incident (emergency and non-emergency), the EVO shall operate the emergency vehicle at the flow of traffic or as close to the posted speed limit as conditions permitting. Examples of conditions requiring slower speed include but are not limited to: a. Slippery road conditions b. Inclement weather c. Poor visibility d. Heavy or congested traffic conditions e. Sharp curves 3. Right-of-Way The EVO shall operate the emergency vehicle in a manner to provide the maximum level of safety for both the passengers and the general public. The EVO shall NOT, under any circumstances force the right of way when the other vehicle operators fail to yield the right-of- Page 2 of 8

3 way to an emergency vehicle. The EVO does NOT have the right-of-way until the other vehicle operators have yielded to the emergency vehicle. 4. Intersections Intersections are sites where a large percentage of major vehicular accidents occur. Therefore, the EVO shall take extreme caution when approaching and traveling through any intersection at all times. At any intersections whether there is a control device (stop sign, yield, or traffic signal) or not in the direction of travel, the EVO shall do the following to ensure the maximum level of safety: Do not rely solely on the control devices or emergency warning devices to clear traffic. Slow down; the EVO must be off the accelerator (gas) pedal and cover the brake pedal. Scan the intersection for possible hazards (pedestrians, right turns on red, fast moving vehicles, bicyclists, etc.) Observe traffic in all 4 directions (left, right, front, rear). When responding in Code 3, change the siren cadence when the emergency vehicle is at least 200 feet from the intersection. Scan the intersection for possible passing options (pass on right, left, wait, etc.), and avoid using the opposing lane of traffic if at all possible. Attempt to establish eye contact with other vehicle drivers; confirm all other vehicles have yield and stopped. The EVO shall always be prepared to stop. 5. Seat Belt The EVO shall wear vehicle seat belt whenever the vehicle is in motion. The EVO shall verify all passengers are properly seated and secured in seat belts before the vehicle is placed in motion. 6. Cell Phone Use While VEH 23123(c) and (d) exempts an emergency services professional from using a wireless telephone while operating an authorized emergency vehicle, this section does not apply to the EVOs who are subject to this policy. By this policy, the EVO shall follow VEH 23123(a) and not drive the emergency vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. While VEH (e) exempts an emergency services professional from using an electronic wireless communications device while operating an authorized emergency vehicle, this section does not apply to the EVOs who are subject to this policy. By this policy, the EVO shall follow VEH (a) and not drive the emergency vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, unless the electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving. Page 3 of 8

4 7. Valid Vehicle Driver s License All County employees who operate a motor vehicle while in the course and scope of conducting County business shall maintain a valid California driver s license. The EVO shall participate in the State of California Department of Motor Vehicles Employee Pull Notice Program authorizing the release of driver record information to the County of Orange. 8. Vehicle Accidents Vehicle accidents involving Health Care Agency (HCA) employees on County business and while operating either a County or privately owned vehicle must be reported to HCA Management and the HCA Safety Program. The Vehicle Collision/Incident Report Form shall be completed and forwarded to the CEO/Risk Management Safety and Loss Prevention Office and the HCA Safety Program within three (3) business days of the incident. The EVO shall follow the HCA Administrative Policies & Procedures Manual In addition, the Environmental Health Safety Committee will review emergency vehicle accidents and take the corrective actions as necessary. IV. EMERGENCY VEHICLE OPERATION TRAINING 1. All EVOs shall receive and complete the Emergency Vehicle Operations Training at an approved Emergency Vehicle Operations Center (EVOC) prior to operating the emergency vehicle in Code 3. The EVOC will provide training on the following topics: a. Legal Aspects b. Emergency Driving c. Non-emergency Driving d. Occupant Restraint System e. Driving Environment f. Acceleration and Deceleration g. Steering and Cornering Skills h. Skid Avoidance and Control i. Collision Avoidance j. Accident Survival k. Backing l. Braking 2. Refresher of Emergency Vehicle Operation Training shall be conducted every 2 years at an approved EVOC. V. REFERENCES Exemption of Authorized Emergency Vehicles (VEH) The driver of an authorized emergency vehicle is exempt from Chapter 2 (commencing with Page 4 of 8

5 Section 21350), Chapter 3 (commencing with Section 21650), Chapter 4 (commencing with Section 21800), Chapter 5 (commencing with Section 21950), Chapter 6 (commencing with 22100), Chapter 7 (commencing with Section 22348), Chapter 8 (commencing with Section 22450), Chapter 9 (commencing with Section 22500), and Chapter 10 (commencing with Section 22650) of this division, and Article 3 (commencing with Section 38305) and Article 4 (commencing with Section 38312) of Chapter 5 of Division 16.5, under all of the following conditions: (a) If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call. (b) If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians. A siren shall not be sounded by an authorized emergency vehicle, except as required under this section. Amended Ch. 1017, Stats Effective September 23, 1977 by terms of an urgency clause. Legal References California Vehicle Code (VEH) VEH A public entity is liable for death, injury, or damage proximately caused by negligent or wrongful act or omission in operation of a motor vehicle by an employee acting within the scope of employment VEH A public entity is liable for death or injury to person or property to the same extent as a private person VEH A public employee is not liable for civil damages resulting from the operation, in the line of duty, of an authorized emergency vehicle while responding to an emergency call or when in the immediate pursuit of an actual or suspected violator of the law, or when responding to but not upon returning form a fire alarm or other emergency call VEH(a) The immunity provided by this section is in addition to any other immunity provided by law. The adoption of a policy by a public agency pursuant to this section is discretionary VEH The driver of an authorized emergency vehicle is exempt from the rules of the road provided that the red light and siren (defined as yelp or wail only) of the vehicle are activated VEH The Rules of the Road exemption does not relieve the driver from the duty to drive with due regard for the safety of all persons using the highway, nor does it protect him/her from the consequences of an arbitrary exercise of the privileges granted in that section (b) and (c) VEH It is unlawful to drive on the wrong side of a divided roadway, including freeways (against oncoming traffic). Any willful violation of this section, Page 5 of 8

6 which results in injury to or death of a person, shall be punished by imprisonment in the state prison. Emergency vehicle operators may not be immune from prosecution if involved in a wrong-way collision that results in injury or death VEH Upon the approach of an authorized emergency vehicle that is sounding a siren and has at least one lighted lamp exhibiting red light, the surrounding traffic shall yield to the emergency vehicle VEH The provisions of Section VEH shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for safety of all persons and property. The driver should not assume that the right-of-way would be yielded VEH (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving VEH (c) and (d) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties (a) A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, unless the electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving. Authorized Emergency Vehicle (VEH) 165 An authorized emergency vehicle is: (a) Any publicly owned and operated ambulance, lifeguard, or lifesaving equipment or any privately owned or operated ambulance licensed by the Commissioner of the California Highway Patrol to operate in response to emergency calls. (b) Any publicly owned vehicle operated by the following persons, agencies, or organizations: (1) Any federal, state, or local agency, department, or district employing peace officers as that term is defined in Chapter 4.5 (commencing with Section 830) of Part 2 of Title 3 of the Penal Code, for use by those officers in the performance of their duties. (2) Any forestry or fire department of any public agency or fire department organized as provided in the Health and Safety Code. (c) Any vehicle owned by the state, or any bridge and highway district, and equipped and used either for fighting fires, or towing or servicing other vehicles, caring for injured persons, or repairing damaged lighting or electrical equipment. (d) Any state-owned vehicle used in responding to emergency fire, rescue or communications calls and operated either by the Office of Emergency Services or by any public agency or industrial fire department to which the Office of Emergency Services has assigned the vehicle. (e) Any vehicle owned or operated by any department or agency of the United States government Page 6 of 8

7 when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work. (f) Any vehicle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol. Authorized Emergency Vehicle Permit (VEH) 2416(a) The Commissioner of the California Highway Patrol may issue authorized emergency vehicle permits only for the following vehicles, and then only upon a finding in each case that the vehicle is used in responding to emergency calls for fire or law enforcement or for the immediate preservation of life or property or for the apprehension of law violators: (1) Any vehicle maintained in whole or in part by the state, a county or a city and privately owned and operated by a marshal, deputy marshal, or person who is a member of, and who receives salary from, and is regularly employed by, a police department or sheriff's department, provided the state, county or city does not furnish to that person a publicly owned authorized emergency vehicle. (2) Any vehicle owned and operated by a public utility, used primarily to accomplish emergency repairs to utility facilities or used primarily by railroad police officers, who are commissioned by the Governor, in the performance of their duties. (3) Firefighting or rescue equipment designed and operated exclusively as such. (4) Any vehicle operated by the chief, assistant chief, or one other uniformed person designated by the chief of a fire department organized as provided in the Health and Safety Code or the Government Code or pursuant to special act of the Legislature. (5) Any vehicle of an air pollution control district used to enforce provisions of law relating to air pollution from motor vehicles. (6) Any vehicle operated by the chief of any fire department established on any base of the armed forces of the United States. (7) Any vehicle owned and operated by any fire company organized pursuant to Part 4 (commencing with Section 14825) of the Health and Safety Code. (8) Privately owned ambulances licensed pursuant to Chapter 2.5 (commencing with Section 2500). (9) Vehicles other than privately owned ambulances used by privately owned ambulance operators exclusively to transport medical supplies, lifesaving equipment, or personnel to the scene of an emergency when a request for medical supplies, lifesaving equipment, or personnel has been made by any person or public agency responsible for providing emergency medical transportation. These vehicles shall display a sign or lettering not less than two and one-half inches in height, in a color providing a sharp contrast to its background, on each side showing the name of the ambulance operator. (10) Any vehicle owned and operated by an office or department of a city, county, or district, which is designated by an ordinance adopted by the governing body of that local agency as a hazardous materials response team vehicle for response to hazardous materials emergencies. 2416(b) The Commissioner may adopt and enforce regulations to implement this section. 2416(c) Violation of any regulation adopted by the commissioner pursuant to this section is a misdemeanor. Page 7 of 8

8 APPROVAL FOR USE OF COUNTY VEHICLE FOR AUTHORIZED EMERGENCY VEHICLE RESPONSE Employee Name: Classification: Employee ID Number: Supervisors Name: ATTACHMENTS: I. Authorized Emergency Vehicle Operation Policy and Procedure II. Certification of Completion of Driver Training conducted at an approved Emergency Vehicle Operations Center (EVOC). ACKNOWLEDGMENT: I have received, read and understand Division Policy Authorized Emergency Vehicle Operation Policy and agree to adhere to the provisions contained therein. My Supervisor has reviewed it with me. Employee Signature Date I have reviewed Division Policy Authorized Emergency Vehicle Operation Policy with the above employee and believe he/she understands the duties, responsibilities, limitations and procedures contained therein. Emergency Response Supervisor Signature Date Use of County vehicle for Code 3 Authorized Emergency Vehicle Response for the above employee is approved by: Director of Environmental Health Date Page 8 of 8

EXHIBIT A ORDINANCE NO.

EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE COUNTY OF MONTEREY, STATE OF CALIFORNIA, ADDING SECTION 21.64.320 TO THE MONTEREY COUNTY CODE RELATING TO THE PARKING OF COMMERCIAL VEHICLES AND EMERGENCY VEHICLES