vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication 9285.2-08FS
April 1991
Hazardous Waste Operations
and Emergency Response:
Uncontrolled Hazardous Waste Sites
and RCRA Corrective Actions
Office of Emergency and Remedial Response
Emergency Response Division MS-101
Quick Reference Fact Sheet
INTRODUCTION
Under the authority of section
126 of the Superfund Amend-
ments and Reauthorization Act
of 1986 (SARA), the U.S.
Environmental Protection
Agency (EPA) and the U.S.
Occupational Safety and
Health Administration (OSHA) promulgated
identical health and safety standards to protect
workers engaged in hazardous waste operations
and emergency response. The OSHA regulations,
codified at 29 CFR 1910.120, became effective on
March 6, 1990 (54 FR 9294). Corrections to the
OSHA regulations were published on April 13,
1990 (55 FR 14072). The EPA regulations,
published on June 23, 1989 at 54 FR 26654,
incorporate the OSHA standards by reference and
are codified at 40 CFR 311.
The EPA and OSHA worker protection
standards for hazardous waste operations and
emergency response (HAZWOPER) apply to three
primary groups of workers: (1) employees engaged
in voluntary and mandatory clean-ups at
uncontrolled hazardous waste sites, including
corrective actions at treatment, storage, and
disposal (TSD) facilities regulated under the
Resource Conservation and Recovery Act
(RCRA); (2) employees engaged in routine
hazardous waste operations at RCRA TSD
facilities; and (3) employees engaged in emergency
response operations without regard to location.
The purpose of this Fact Sheet is to explain
the principle requirements of the EPA and OSHA
worker protection standards as they apply to
employees engaged in hazardous waste operations
at uncontrolled hazardous waste sites, including
employees who perform corrective actions at
RCRA TSD facilities. The other two groups of
employees affected by the regulations are
addressed in a separate Fact Sheet entitled
Hazardous Waste Operations and Emergency
Response: RCRA TSD and Emergency Response
Without Regard to Location (Publication
No. 9285.2-07FS). The requirements that apply to
individuals engaged in hazardous waste operations
at RCRA TSD facilities and emergency responders
who respond to emergencies without regard to
location are specified at 29 CFR 1910.120(p) and
(q), respectively.
The HAZWOPER requirements for
workers who engage in hazardous waste operations
and emergency response at uncontrolled hazardous
waste sites are specified at 29 CFR 1910.120(a)
through (o), and are summarized in Exhibit 1;
these requirements also apply to those workers
who perform corrective actions at RCRA TSD
facilities. These requirements apply to any
employee working at an uncontrolled hazardous
waste site who has the potential to be exposed to
hazardous substances. As such, the On-Scene
Coordinator (OSC) and the Remedial Project
Manager (RPM) are both covered by the standards
and must fully implement the standards for other
employees engaged in hazardous waste site clean-
ups. These provisions also apply to any activities
performed during the preliminary planning and
evaluation stages of the remedial investigation and
feasibility study (RI/FS), such as the preliminary
assessment and site investigation (PA/SI).
In sum, all stages of a removal and remedial
operation performed at a site in which there is a
potential for exposure to hazardous substances
must be conducted in accordance with the worker
protection standards specified at 29 CFR
-------
EXHIBIT 1
Hazardous Waste Operations and
Emergency Response at Uncontrolled
Hazardous Waste Sites
(29 CFR 1910.120(a)-(o))
(a) Scope, application, and definitions.
(b) Safety and health program.
(c) Site characterization and analysis.
(d) Site control.
(e) Training.
(£) Medical surveillance.
(g) Engineering controls, work practices, and
personal protective equipment for employee
protection.
(h) Monitoring.
(i) Informational programs.
(j) Handling drums and containers.
(k) Decontamination.
(I) Emergency response by employees at
uncontrolled hazardous waste sites.
(m) Illumination.
(n) Sanitation at temporary workplaces.
(o) New technology programs.
1910.120(a) through (o). The standards, however,
do not apply to employees who do not have the
potential to be exposed to hazardous substances.
For example, administrative support personnel in
the Incident Command Post may not be covered by
HAZWOPER. These employees, however, must
be made aware of the provisions of the emergency
response plan. Specifically, they must be briefed
on the procedures to take during an emergency at
the site, and they must be familiar with general site
operations, such as the location of work zones.
Employees not covered by HAZWOPER are, of
course, protected by other OSHA standards
including the Hazard Communication Standard
(HAZCOM).
In addition to the requirements specified at
29 CFR 1910.120(a) through (o), other worker
protection requirements may also apply at
uncontrolled hazardous waste sites. For example,
29 CFR 1910.120(q) applies to workers, such as
local HAZMAT team members, who come on-site
specifically to perform emergency response
operations. The requirements specified at (q),
however, do not apply to regular site employees
who perform routine clean-up operations at the
site and who may also perform emergency response
operations; these individuals are covered by the
requirements in 29 CFR 1910.120(e).
This Fact Sheet is divided into six parts.
The first three parts describe the planning,
training, and medical surveillance requirements for
workers engaged in hazardous waste operations
and emergency response at uncontrolled hazardous
waste sites. The fourth part of this Fact Sheet
discusses other requirements of HAZWOPER that
must be implemented at uncontrolled hazardous
waste sites. The fifth part of this Fact Sheet
discusses employee rights under section 8 of the
Occupational Safety and Health Act of 1970, as
amended (OSH Act). The final part of this Fact
Sheet provides important addresses and telephone
numbers.
PART 1: PLANNING
REQUIREMENTS
Part 1 of this Fact Sheet
explains the purpose of the
comprehensive safety and
health program and the site-
specific health and safety plan (HASP); describes
the specific steps that must be taken to develop a
HASP; explains the type of information that must
be included in the HASP; and summarizes the
responsibilities of the OSC, RPM, and the
Environmental Response Team (ERT) in
developing a HASP at an EPA-lead site.
There are many different types of entities,
including state agencies, private corporations, and
the federal government, that may have lead
responsibility in cleaning up an uncontrolled
hazardous waste site or a contaminated RCRA
TSD facility. Each of these entities uses different
titles to identify the person who has overall
responsibility for site activities. For purposes of
this Fact Sheet, this responsible person is referred
to as the OSC/RPM, as it is at EPA-lead sites.
-------
Safety and Health Program
Any employer whose workers engage in
hazardous waste operations and emergency
response at an uncontrolled hazardous waste site
or who perform corrective actions at a RCRA TSD
facility must develop and implement a written
safety and health program. This program must be
designed to identify, evaluate, and control safety
and health hazards at any site, and to provide for
emergency response during site operations. The
written safety and health program must include an
organizational structure; a site-specific health and
safety plan (HASP); a comprehensive workplan; a
medical surveillance program; and a description of
the employer's standard operating procedures. For
a complete list of the elements required in the
written safety and health program, refer to 29 CFR
The primary purpose of the safely and
health program is to serve as the organization's
comprehensive health and safety policy that applies
to all employees of the company, irrespective of
the location of the actual site where they are
working. This program must be maintained by the
employer and made available to any employee or
employee representative; contractor, subcontractor,
or other representative working for the employer
who will be potentially exposed to hazardous
substances; OSHA personnel; and personnel of
federal, state, and local agencies with regulatory
authority over the site. It is important to note that
only one safety and health program should be
developed by an employer, even if the employer
has workers that perform operations at several
different sites.
If an employer has already developed a
safety and health program to meet the
requirements of other federal, state, and -local
regulations, the employer may use the existing
program to satisfy the HAZWOPER requirements,
so long as any additional information not covered
in the existing program but required under
HAZWOPER is incorporated into the program.
Site-Specific HASP
Although the standards require employers
to develop and implement only one safety and
health program, a site-specific HASP must be
developed and implemented for each site where
workers are potentially exposed to hazardous
substances.
The purpose of the site-specific HASP is to
address the safety and health hazards that may
exist at each phase of site operations and to
identify procedures for protecting employees.
Exhibit 2 presents a comprehensive list of the
elements that must be included in the HASP.
Information gained during the site
characterization, as specified at 29 CFR
1910.120(c), must be considered in developing the
HASP. The site characterization may be divided
into three stages: preliminary evaluation (PE),
initial site entry, and ongoing monitoring. Under
the requirements of 29 CFR 1910.120(b)(4), the
HASP must be developed after the PE has been
performed and before any site entry. The
following is a brief discussion of the specific steps
that must be taken to develop, implement, and
maintain a HASP.
Step 1: Preliminary Evaluation
The first step in developing a HASP is to
perform a preliminary evaluation (PE) of the site's
characteristics. The PE must be accomplished off-
site, so as not to endanger the health and safety of
site workers. The purpose of the PE is to obtain
preliminary information to help identify the
specific hazards at the site and determine the
appropriate safely and health control procedures
(e.g., engineering controls, personal protective
equipment (PPE), and any additional medical
surveillance needs) that are necessary to ensure the
protection of employees who perform tasks on-site.
The specific information that must be obtained
during the PE is summarized below and outlined
in Exhibit 3. The information obtained during the
PE should be used to develop the HASP.
There are several ways in which the
information specified in Exhibit 3 can be obtained.
For example, records of the site or interviews with
persons who are knowledgeable about the site can
provide useful information about the potential
hazards at a site. Potentially useful sources of
information include: company records, receipts,
logbooks, or ledgers that describe site activities;
records from state and federal pollution control
regulatory and enforcement agencies and state
occupational and health offices; local fire and
police department records; site photos; and media
reports.
In addition to interviewing knowledgeable
persons and researching the history of the site,
-------
EXHIBIT 2
The Specific Components
of a HASP
Key personnel.
Safety and health risk or hazards analysis
for each site task and operation found in
the workplan.
Employee training assignments to assure
that each employee receives the training
required before they engage in any
operation that could potentially lead to
exposure to a hazardous substance or to
safety or health hazards.
Personal protective equipment appropriate
for each site task or operation conducted.
Medical surveillance requirements.
Employee and air monitoring equipment
and environmental sampling techniques and
instrumentation to be used.
Site control measures that include at a
minimum - a site map, a buddy system, site
communications system (including
emergency alerting), standard operating
procedures or safe work practices, and
identification of the nearest medical
assistance.
Decontamination procedures both for
individuals and equipment on site and in
places where there is a potential for
exposure to a hazardous substance.
An emergency response plan for safe and
effective responses to emergencies.
Confined space entry procedures.
A spill containment program to contain and
isolate the entire volume of any hazardous
substance spilled in the course of a transfer.
Hazard communications plan (29 CFR
1910.1200 and 29 CFR 1926.59).
data-gathering at the site perimeter (i.e., perimeter
reconnaissance) may help in identifying site
hazards and potential pathways for exposure, and
determining the appropriate level of PPE for the
initial site entry. Perimeter reconnaissance activities
during the PE must be conducted off-site. To
identify the appropriate sampling techniques for
perimeter reconnaissance, the safety and health
officer should review the information obtained
during the records/interview research. The most
important thing to remember is that the
OSC/RPM must not, under any circumstances,
allow a worker to enter the site to collect
information for the PE.
THE PE MUST BE COMPLETED
PRIOR TO
ANYONE ENTERING THE SITE
Step 2: Developing the HASP
Once the PE is completed and the
appropriate information is obtained, the
OSC/RPM at the site must use the information
gathered during the PE to develop the initial draft
of the site-specific HASP. The initial draft of the
HASP must include all elements listed in Exhibit
2. Specifically, it must identify each anticipated
safety and health hazard for each work operation
or activity, and describe how those hazards will be
eliminated or controlled. In addition, the HASP
should identify appropriate monitoring procedures
and PPE for the initial site entry. The HASP must
remain on-site at all times and only one HASP
should be developed for each site.
NO ONE MAY ENTER THE
SITE UNTIL THE HASP HAS BEEN
DEVELOPED, APPROVED, AND
IMPLEMENTED
Step 3: Initial Site Entry
Once the HASP is developed and
implemented, the second stage of the site
characterization and analysis (i.e., the initial site
entry) may begin. The purpose of the initial site
entry is to gather additional information and
further evaluate the site's specific characteristics to
identify and confirm existing site hazards and to
aid in the selection of appropriate engineering
controls and PPE.
At a minimum, activities during the initial
site entry should consist of a visual survey for
-------
EXHIBIT 3
Specific Components of the
Preliminary Evaluation
(29 CFR 1910.120(c)(4))
Site location and size.
Description of response activity and/or
the job to be performed.
Duration of the planned activity.
Site topography and accessibility by air
and roads.
Safety and health hazards expected at
the site.
Pathways for hazardous substance
dispersion.
Present status and capabilities of
emergency response teams that would
provide assistance for on-site
emergencies.
Hazardous substances and health
hazards involved or expected at the
site, and the chemical and physical
properties of these substances.
potential hazards and, when there is potential for
exposure, air monitoring. Multi-media sampling
should also be performed if the OSC/RPM has
reason to believe that contamination may have
occurred.
An accurate and comprehensive visual
survey of the site will assist the OSC/RPM in
identifying and determining what additional
information (e.g., sampling of soil or containers)
may be needed. This visual survey could include
noting the condition of waste containers (e.g.,
undamaged or rusted); noting any unusual
conditions; and determining potential pathways for
exposure.
When entering the site, entry personnel
should monitor the air using direct reading
instruments for immediately dangerous to life and
health (IDLH) conditions (e.g., combustable or
explosive atmospheres, oxygen deficiency, toxic
substances) and for ionizing radiation. Such
monitoring, however, need only be conducted if the
PE produces information that indicates (1) existing
IDLH conditions, or (2) the potential for ionizing
radiation, or if the information from the PE is
insufficient to reasonably conclude that neither of
these two conditions exists. When monitoring,
entry personnel should look for signs of actual or
potential IDLH hazards or other dangerous
conditions. Examples of hazards that may be
identified at a site include confined space entry,
visible vapor clouds, or areas that contain
biological indicators such as dead vegetation. The
specific monitoring requirements for initial site
entry are specified at 29 CFR 1910.120(c)(6) and
In addition to air monitoring, multi-media
sampling should be performed during the initial
site entry, if the OSC/RPM believes contamination
may exist. The soil sampling techniques employed
will differ with each site. Prior to beginning site
activities, it is imperative that the purpose of the
effort and the ultimate use of the data be
established. Specific strategies should be selected
based on the information required.
One important goal of the initial site entry
is to identify the risks and hazards at the site so
that the work zones can be established. The three
most frequently identified zones are the Exclusion
Zone, the Contamination Reduction Zone, and the
Support Zone (also known as the Clean Zone).
The Support Zone should be an area of the site
that is free from contamination and that may safely
be used as a staging area for other hazardous waste
operations at the site. For additional information
and guidance on how to designate work zones,
consult the Fact Sheet entitled Establishing Work
Zones at Uncontrolled Hazardous Waste Sites
(Publication No. 9285.2-06FS).
Any information concerning the chemical,
physical, and lexicological properties of hazardous
substances identified during the initial site entry
must be made available to employees prior to the
commencement of operations at the site.
INITIAL SITE ENTRY ACTIVITIES
MUST, AT A MINIMUM, INCLUDE A
VISUAL SURVEY AND, WHEN THERE
IS POTENTIAL FOR EXPOSURE,
AIR MONITORING
Step 4: Update the HASP
Once the initial site entry is completed, the
OSC/RPM is responsible for updating the HASP
to ensure that it adequately identifies any new
-------
tasks or hazards at the site. At most sites, any air
and multi-media sampling performed during the
initial site entry will provide the OSC/RPM with
more accurate information regarding the
appropriate level of PPE to be worn by site
employees and the proper designation of work
zones.
UPDATE THE HASP AFTER
THE INITIAL SITE ENTRY
Step 5: On-Going Site Activities
Once the HASP is revised to reflect the
information gathered during the initial site entry,
on-going monitoring must occur at the site to
ensure that all new hazards are identified in a
timely manner and that the appropriate controls
are implemented to protect site employees.
If new tasks or hazards are identified at a
site, do not develop a new HASP; instead, update
the original HASP. If a subcontractor is working
at a site, the subcontractor should carefully
evaluate and identify all tasks associated with the
subcontracted activities, and prepare a health and
safety plan addressing any identified hazards. This
plan should be submitted to the OSC/RPM who
will incorporate it into the general site HASP after
it has been reviewed for concurrence with the site
workplan.
THE RULE IS:
ONE SITE, ONE HASP
When developing a HASP, be careful to
ensure that all required information as specified at
29 CFR 1910.120(b)(4)(ii) is addressed in the
HASP. The remainder of this part of the Fact
Sheet will explain the specific elements that must
be included in the HASP.
Elements of the HASP
The information that must be included in
the HASP is specified at 29 CFR
1910.120(b)(4)(ii) and summarized in Exhibit 2.
Some of the areas that must be addressed in the
HASP, such as the employer's monitoring and
decontamination programs, are discussed in further
detail below. In addition to the elements specified
at 29 CFR 1910.120(b)(4)(ii), the HASP must
identify key personnel and HAZCOM
requirements and provide for pre-entry briefings to
be held before site activity is initiated. These
meetings should be held at any time they appear
necessary to ensure that employees are adequately
apprised of the safety and health procedures being
followed at the site.
Monitoring program (29 CFR 1910.120(h)). The
OSC/RPM's proposed monitoring program must
be included in the HASP. The monitoring
program must include procedures for initial entry
monitoring, periodic monitoring, and monitoring
of high risk employees. The monitoring
requirements for initial site entry are specified at
29 CFR 1910.120(c)(6) and (h)(2) and are
discussed in detail on p. 5.
In general, monitoring must be performed
whenever there is any possibility that employees
may be exposed to hazardous substances. The
purpose of monitoring is to ensure that the proper
engineering controls, work practices, and PPE are
used to protect employees at the site.
Periodic monitoring should be conducted
whenever there is any indication that exposures
have risen above the permissible exposure limits
(PELs), or other dangerous conditions exist such
as the presence of flammable atmospheres or
environments that are oxygen-deficient.
Monitoring of high risk employees should be
conducted on those employees suspected of having
the highest exposures to hazardous substances and
health hazards.
In addition to the monitoring requirements
specified in 29 CFR 1910.120, there are other
applicable OSHA standards, specifically Subpart Z,
29 CFR 1910.1000, that refer to particular air
sampling and monitoring procedures for chemical
contaminants. These standards also specify certain
PPE and recordkeeping requirements for a variety
of compounds. The compounds and their
accompanying regulations are listed in Exhibit 4.
Site control program (29 CFR 1910.120(d)). The
site control program in the HASP specifies the
procedures that will be used to minimize employee
exposure to hazardous substances before clean-up
operations commence and during site operations.
The site control program must be developed
-------
EXHIBIT 4
Toxic and Hazardous Substances
Subpart Z, 29 CFR 1910.1000
Compound
Asbestos
Coal tar pitch volatiles
4-nitrobiphenyl
Alpha-Naphthylamine
Methyl chloromethyl ether
3,3'-dichlorobenzidine
bis-chloromethyl ether
Benzidine
4-aminodiphenyl
Ethyleneimine
beta-propiolactone
2-acetylaminofluorene
4-dimethylaminoazo-
benzene
N-nitrosodimethylamine
Vinyl chloride
Inorganic arsenic
Lead
Benzene
Coke oven emissions
l,2-dibromo-3-chloro
propane
Acrylonitrile
Ethylene oxide
Formaldehyde
OSHA Reference
29 CFR 1910.1001
29 CFR 1910.1002
29 CFR 1910.1003
29 CFR 1910.1004
29 CFR 1910.1006
29 CFR 1910.1007
29 CFR 1910.1008
29 CFR 1910.1010
29 CFR 1910.1011
29 CFR 1910.1012
29 CFR 1910.1013
29 CFR 1910.1014
29 CFR 1910.1015
29 CFR 1910.1016
29 CFR 1910.1017
29 CFR 1910.1018
29 CFR 1910.1025
29 CFR 1910.1028
29 CFR 1910.1029
29 CFR 1910.1044
29 CFR 1910.1045
29 CFR 1910.1047
29 CFR 1910.1048
during the planning stages of a hazardous waste
clean-up operation, and must be modified as any
new information becomes available. The site
control program must, at a minimum, include a
site map, work zones, communications,
identification of the nearest medical assistance, and
safe work practices.
Engineering controls and safe work
practices must be specified in the site control
program to protect employees from exposure to
hazardous substances and other safety and health
hazards. Engineering controls and work practices
should be implemented to reduce and maintain
employee exposure to levels at or below the PELs
for those hazardous substances at the site.
Examples of engineering controls that may be used
include pressurized cabins and control booths on
equipment. If, for whatever reason, it is not possible
to maintain employee exposure to levels at or below
PELs, technical assistance should be obtained from
other sources before proceeding with site activities
(e.g., ERT or OSHA).
PPE should be used as a last resort to
protect employees against possible exposure to
hazardous substances. It should only be used when
engineering controls and work practices are
insufficient to adequately protect against exposure.
The PPE used at the site must be reflective of the
potential site hazards identified during the PE and
initial site characterization.
Decontamination program (29 CFR 1910.120(k)).
The decontamination procedures should be
developed and appropriately communicated to all
employees before they enter a site where potential
for exposure to hazardous substances exists. The
OSC/RPM must develop and include
decontamination procedures in the HASP that
identify standard operating procedures at the site;
such procedures should provide employees with
information on how to minimize their contact with
hazardous substances. In addition, the
decontamination program must include procedures
for employees who leave a contaminated area on
the site. Such employees must be decontaminated
and their equipment must be disposed of or
decontaminated. The requirements for a
decontamination program are codified at 29 CFR
1910.120(k).
Emergency response plan (29 CFR 1910.120(1)). One
of the most important components of the HASP is
the written site-specific emergency response plan.
This plan must include a description of how
anticipated emergencies would be handled at the
site and how the risks associated with a response
would be minimized. The emergency response plan
must be developed and implemented prior to
commencing operations at a site.
The requirements for an emergency
response plan at an uncontrolled hazardous waste
site are summarized in Exhibit 5 and are codified
at 29 CFR 1910.120(1)(2).
In addition to these elements, the
emergency response plan must include information
relevant for conducting emergency operations at
the site, such as information on site topography,
layout, and prevailing weather conditions, and
procedures for reporting incidents to local, state,
and federal agencies. The emergency response
plan must also be rehearsed regularly and reviewed
periodically to ensure that it accounts for new or
-------
EXHIBIT 5
Required Elements of an
Emergency Response Plan at an
Uncontrolled Hazardous Waste Site
(29 CFR 1910.120(1) (2))
Pre-emergency planning.
Personnel roles, lines of authority, and
communication.
Emergency recognition and prevention.
Safe distances and places of refuge.
Site security and control.
Evacuation routes and procedures.
Decontamination procedures.
Emergency medical treatment and first aid.
Emergency alerting and response
procedures.
Critique of response and follow-up.
PPE and emergency equipment.
changing site conditions or new information on
potential hazards at the site.
In lieu of preparing an emergency response
plan, OSC/RPMs may prepare an emergency action
plan in accordance with 29 CFR 1910.38(a). This
plan may only be developed in lieu of the
emergency response plan if employees are
evacuated from the site when an emergency occurs,
and are not permitted to assist in responding to
the emergency. An emergency action plan
includes an evacuation plan in which persons
responsible for an orderly exit are identified.
These designated individuals will direct employees
to leave the site, maintain a safe distance, and call
the appropriate emergency response organization.
If an emergency action plan is prepared,
arrangements must be made with the local
response community (e.g., fire department or other
local response services) for them to respond to
emergencies that may occur during site operations.
The local response community must be provided
with sufficient information on site activities,
including the types of operations being conducted
at the site, the type and degree of contamination at
the site, the location of work zones, and any other
relevant information that may be necessary for an
appropriate response. Such information must be
provided prior to the commencement of site
operations. Regardless of whether an emergency
action plan or an emergency response plan is
prepared, local response officials must be notified of
site operations prior to the commencement of any
site activities.
Spill containment program (29 CFR
1910.120(j)(l)(viii)). In the event of a major spill
or a release on-site, the spill containment program
must be implemented to contain and isolate the
hazardous substance release.
Responsibilities of the OSC/RPM
The OSC/RPM is responsible for reviewing
the HASP for consistency with the workplan and
accepting the HASP for the site. The HASP must
accurately reflect the work being performed at the
site, and must be reviewed and approved again
when any additions or revisions are made to the
HASP throughout the course of work at the site.
The OSC/RPM is also responsible for
ensuring that employees are adequately informed
of the procedures to report a health and safety
violation, as well as the procedures for filing a
workman's compensation report. Specifically,
employees should be told that a health and safety
complaint may be made either in writing or
verbally, and that such complaints should be
addressed to the OSC/RPM, the contractor's health
and safety officer, and the EPA contract officer.
The OSC/RPM should also ensure that workman
compensation forms are available on-site. For
additional information on employee rights, refer to
Part 5 of this Fact Sheet.
Role of the Environmental Response Team
(ERT)
If additional guidance is needed or desired,
the OSC/RPM may submit the HASP to ERT for
review or may request a site audit. It is important
to note that ERT does not approve HASPs; ERT
will only review them and provide
recommendations. As soon as the HASP has been
accepted by the OSC/RPM, covered operations at
the site may commence; a plan may be
implemented without ERT concurrence.
In general, it is the Agency's policy to
encourage the development of an effective HASP
and to assist the Regions with the task of
reviewing and processing HASPs. As such, ERT
will provide consultation and assistance if such
assistance is requested. For further information on
ERT assistance, contact the OSWER Health and
Safety Manager in ERT in Edison, New Jersey, at
-------
(FTS) 340-6740 or (908) 321-6740. Regional
Health and Safety Officers may also be available
for plan review and consultation. Refer to your
Regional directory for the relevant addresses and
telephone numbers.
PART 2: TRAINING
REQUIREMENTS
This part of the Fact Sheet
addresses the HAZWOPER
training requirements that
apply to employees engaged in
hazardous waste operations and emergency
response at uncontrolled hazardous waste sites and
employees who perform corrective actions at
RCRA TSD facilities.
General Training Requirements
Each employer at a site is responsible for
ensuring that their respective employees are
properly trained and equipped prior to
commencing work at a site. The HAZWOPER
training required for site workers must identify the
hazards present on-site, the medical surveillance
requirements, certain elements of the HASP, and
operating practices and procedures, including the
use of PPE and proper engineering controls. The
specific issues and topics that are required to be
addressed during training are specified at 29 CFR
1910.120(e)(2). The amount of training required
for site workers is linked directly to an employee's
potential for exposure to hazardous substances and
to other health hazards at the site, and is specified
at 29 CFR 1910.120(e)(3) and (4). Employees may
not participate in or supervise any-site activity until
they have been adequately trained.
The HAZWOPER standards specify hourly
requirements for four different categories of site
workers. The amount of training a worker must
receive is commensurate with the employee's
potential for exposure; the hourly training
requirements are described briefly below and
summarized in Exhibit 6.
General site workers at an uncontrolled
hazardous waste site include equipment operators
and general laborers engaged in routine hazardous
waste removal. These routine site workers must
have a minimum of 40 hours of instruction off-site
and 24 hours of field experience under the
supervision of a trained and experienced
supervisor.
EXHIBIT 6
Initial Training Requirements for
Employees at Uncontrolled
Hazardous Waste Sites
(29 CFR 1910.120(e))
Routine Site 40 Hours Off-Site
Employees 24 Hours Field Experience
Occasional
Employees and
Routine Site
Employees Unlikely
to be Exposed
Above PELs
Supervisors 8
24 Hours Off-Site
8 Hours Field Experience
Site Employees
Assigned Site
Emergency
Response
Duties
Hours of Specialized
Training, in addition to
the Requirements for
the Employees they
Supervise
Trained to a Level
of Competency in
Addition to above
Requirements
All Site 8 Hours Annual
Workers Refresher Training
Workers who are on-site only occasionally
to perform a specific job, such as groundwater
monitoring, and who are unlikely to be exposed
over PELs, are required to have a minimum of 24
hours of instruction off-site and a minimum of
eight hours of supervised field experience.
Routine site workers who work only in
areas where the exposure levels are monitored and
determined to be below PELs are also required to
receive 24 hours of instruction off-site and 8 hours
of supervised field experience.
Supervisors of the three groups of
employees described above are required to receive
the same amount of initial training and field
experience as the employees they supervise, plus 8
additional hours of specialized training in
managing hazardous waste operations. For
example, if a supervisor only manages employees
who work on site occasionally, the supervisor must
-------
have a minimum of 24 hours of instruction off-site
and 8 hours of supervised field experience, plus an
additional eight hours of specialized management
training.
In addition to the requirements listed above,
any worker who receives 24 hours of training and
who then becomes a general site worker or whose
job function requires that a respirator be worn,
must have an additional 16 hours of instruction
off-site and 16 hours of supervised field experience
before commencing the new duties at the site.
Some of the training requirements specified
above may be waived if the employee has had prior
work experience or training. For example, certain
training requirements may be waived if the
employee has had experience working at an
uncontrolled hazardous waste site or if the
employee has participated in training courses
offered by independent and federal organizations
(e.g., EPA). If the employer believes that an
employee has sufficient prior experience or
training to waive some or all of the HAZWOPER
training requirements, the employer must
document the basis for his belief, denoting length
and type of experience or training.
Although there are no specific additional
training requirements for employees with
emergency response duties at a site, such
employees must be trained commensurate with the
duties that will be assumed.
Refresher Training
All employees who perform clean-up
operations at uncontrolled hazardous waste sites,
including managers and supervisors, must receive
a minimum of eight hours of annual refresher
training. The purpose of refresher training is to
maintain certain competencies. There are several
ways to satisfy the annual refresher training
requirement. For example, as explained on p. 7 of
this Fact Sheet, the emergency response plan of
the HASP must be rehearsed regularly. These
rehearsals can be used to meet some of the annual
refresher training requirements. Attendance at
applicable seminars and critiques of actual
responses are also acceptable methods of satisfying
the annual refresher training requirements. Proper
documentation of attendance, however, should be
maintained.
Training Accreditation
On January 26, 1990, OSHA published a
Notice of Proposed Rulemaking (NPRM) (55 FR
2776) that proposed accreditation procedures for
programs to train employees engaged in clean-up
operations at uncontrolled hazardous waste sites,
and for employees engaged in certain hazardous
waste operations at RCRA TSD facilities. The
NPRM also proposed amendments to 29 CFR
1910.120 to include appropriate references to the
provisions set forth in the proposed rule. If this
regulation is promulgated as it was proposed, all
employees subject to 29 CFR 1910.120 at
uncontrolled hazardous waste sites will be required
to attend an accredited training program or to
document equivalent training and experience.
4-HH
PART 3: MEDICAL
SURVEILLANCE
REQUIREMENTS
Part 3 of this Fact Sheet
discusses the medical
surveillance requirements in
HAZWOPER that apply to employees engaged in
hazardous waste operations and emergency
response at uncontrolled hazardous waste sites,
including employees who perform corrective
actions at RCRA TSD facilities.
General Medical Surveillance Requirements
The HAZWOPER medical surveillance
requirements (29 CFR 1910.120(f)) provide the
framework for a medical monitoring program for
workers at uncontrolled hazardous waste sites.
The standards contain provisions for baseline,
periodic, and termination medical examinations.
A medical surveillance program must
include monitoring for the following four groups of
employees:
• Employees who are, or may be, exposed to
PELs or health hazards for 30 or more days
a year;
• Employees who wear a respirator for 30 or
more days a year;
• Members of organized HAZMAT Teams;
and
10
-------
• Employees who are injured due to
overexposure during an emergency incident,
or who show symptoms of illness that may
have resulted from exposure to hazardous
substances.
If employees fall within the first three
groups specified above, they must undergo a
baseline medical examination prior to a site
assignment. After this initial examination,
employees must have a follow-up medical
examination once a year; an attending physician
may suggest a shorter or longer interval, but this
period may not exceed two years. The content of
these examinations should be determined by the
attending physician, but certain key elements must
be included. For example, the physician must
complete a medical and work history and
determine the employee's fitness for the type of
duties to be assigned, including the employee's
ability to wear PPE. Once the medical
examination has been completed, the employer
must obtain and furnish the employee with a copy
of the physician's written opinion. The physician's
written opinion must include the results of the
medical examination and tests, any recommended
work limitations, and the physician's opinion
concerning the medical condition of the employee.
In addition to the initial and follow-up
examinations, employees must receive a medical
examination as soon as possible if they are injured
or become ill from exposure to hazardous
substances on-site or during an emergency, or they
develop signs or symptoms that indicate a possible
overexposure to hazardous substances. In addition,
employees who are reassigned or terminate
employment and, therefore, will no longer be
exposed to hazardous substances must receive a
final examination. This examination is only
required if the employee has not had an
examination within the past six months. All
required medical examinations must be provided
without cost to the employee, without loss of pay,
and at a reasonable time and place.
Additional guidance on these medical
surveillance requirements can be found in:
• U.S. EPA OERR Medical Monitoring
Program Guidelines, OSWER Directive
9285.3-04. To obtain a copy of these
guidelines, contact the Environmental
Response Team (ERT) of EPA in Edison,
New Jersey. (Refer to Exhibit 8 for the
appropriate address and telephone number.)
• Standard Operating Safety Guides, OSWER
Directive 9285.1-OIC. To obtain a copy of
this document, contact ERT in Edison, New
Jersey.
• Hazmat Team Planning Guidance,
Publication Number EPA/540/G-90/003. To
obtain a copy of this document, contact the
National Technical Information Service at
(703) 487-4600.
• Occupational Safety and Health Guidance
Manual for Hazardous Waste Site Activities
(Chapter 5 Medical Monitoring),
Publication Number 017-033-00419-6. To
obtain a copy of this document, contact the
Superintendent of Documents at the U.S.
Government Printing Office in Washington,
D.C. 20402 ((202) 783-3238).
Medical Records
Medical records for employees must be
maintained for a period of thirty years following
termination of employment. These records must
include the name and social security number of the
employee; the physician's written opinions,
including recommended occupational limitations
and results of examinations and tests; any
employee medical complaints related to exposure
to hazardous substances; and a copy of the
information provided to the examining physician by
the employer. The employer is responsible for
retaining the records if the employee or physician
leaves the area, or the company goes out of
business. For additional information on medical
recordkeeping equirements, refer to 29 CFR
1910.20.
PART 4: OTHER
REQUIREMENTS
This part of the Fact Sheet
discusses other requirements in
HAZWOPER that apply to
employees engaged in
hazardous waste operations and emergency
response at uncontrolled hazardous waste sites.
Specifically, this part outlines the requirements for:
(1) handling drums and containers, (2)
illumination and sanitation requirements, and (3)
informational and new technology programs.
11
-------
Requirements for Handling Drums and
Containers (29 CFR 1910.120(j))
When performing site operations,
HAZWOPER specifies some basic requirements
for handling drums and containers on-site. In
general, site operations should be organized to
minimize the amount of drum and container
movement. However, if drums or containers must
be moved, the following are a few of the
requirements that must be met.
• Drums and containers must be inspected
prior to being moved. If this is not possible
because the drums are buried beneath the
earth or stacked several tiers high, the
drums or containers should be moved to an
accessible location and then inspected prior
to further handling.
• Prior to the movement of drums, all
employees who have a potential to be
exposed to hazardous substances as a result
of the transfer operation must be notified
of the potential hazards associated with the
contents of the drums or containers.
In addition to the above requirements,
HAZWOPER provides specific procedures for:
(1) opening drums and containers; (2) selecting
and operating material handling equipment; (3)
handling radioactive and shock-sensitive wastes and
laboratory waste packs; (4) sampling the contents
of drums or containers; (5) shipping and
transporting drums or containers; and (6) handling
tanks and vaults containing hazardous substances.
Illumination and Sanitation Requirements
(29 CFR 1910.120(m) and (n))
The employer is responsible for ensuring
that appropriate procedures exist at the site to
maintain certain minimum illumination intensities
and an adequate supply of water. There must be
two separate systems for furnishing water: a
potable and a nonpotable system. The potable
system should provide drinking water only; the
nonpotable system should provide water for fire
fighting purposes. There are also requirements for
toilet facilities, food handling, sleeping quarters,
washing facilities, and shower/change rooms.
Informational and New Technology
Programs (29 CFR 1910.120(1) and (o))
Two additional programs that must be
developed, implemented, and included as part of
the employer's safety and health program are the
information and new technology programs. A
program must be developed and implemented to
inform employees of the nature, level, and degree
of exposure that may occur as a result of
performing hazardous waste operations. In
developing this informational program, the
employer should consult the Hazard
Communications Standard (HCS) (29 CFR
1910.1200 and 29 CFR 1926.59). The HCS may
contain information that would be useful to
incorporate into the informational program or
emergency response plan for a site.
In addition to. developing an informational
program, the employer must include as part of the
safety and health program procedures for
introducing new and innovative technologies into
the work area. The purpose of the new technology
program is to ensure that new and improved
technologies and equipment are developed and
introduced to provide for the improved protection
of employees engaged in hazardous waste clean-up
operations. As part of the new technology
program, the employer must carefully evaluate new
technologies, equipment, and control measures,
such as absorbents and neutralizers, as they are
introduced and made available on the market. The
evaluation, which must be completed prior to using
the new technology at the site, must identify the
effectiveness of the new equipment, method, or
material. Any data or information obtained during
the evaluation must be made available to OSHA
upon request.
PART 5: EMPLOYEE
RIGHTS UNDER
SECTION 8 OF THE OSH
ACT
Section 8 of the OSH Act,
Inspections, Investigations, and
Recordkeeping, gives employees certain rights to
inspect documents, and request and participate in
inspections. Exhibit 7 provides a summary of the
principle provisions of section 8 of the OSH Act.
OSHA has authority to inspect a site on
their own initiative at any reasonable time. Under
paragraph (f)(l) of section 8, however, an
12
-------
EXHIBIT 7
Principal Provisions of
Section 8 of the OSH Act
Paragraph 8(c)(l):
• Employers are required to inform
employees of their rights under the
OSH Act
Paragraph 8(c)(3):
• Employees are entitled access to any
required records that indicate the
person's exposure to toxic materials
Paragraph 8(e):
• An employee and employer
representative must be given the
opportunity to accompany OSHA
during any workplace inspection
Paragraph 8(f):
• An employee or employee
representative may request an OSHA
inspection if the person believes that
there is a violation of a safety or
health standard that threatens physical
harm, or that causes an imminent
danger
employee or employee representative also can
request an OSHA inspection if the person making
the request believes either that there is a violation
of a safety or health standard that threatens
physical harm, or that an imminent danger exists.
The request must be written and signed, and must
include a reasonable statement of the violation or
danger. An employer is entitled to get a copy of
the request, but the employee can ask OSHA not
to disclose his name. When an employee makes a
request under this provision, OSHA must conduct
an inspection if they determine that there are
reasonable grounds to believe a violation or danger
exists. If OSHA makes a contrary determination,
the person who made the request must be notified.
Under paragraph (f)(2), before or during an
inspection, an employee or employee
representative has the right to notify OSHA in
writing of any violation of the OSH Act that the
person has reason to believe exists in the
workplace. If the person making the request asks,
OSHA must explain any determination not to
sanction the employer.
If there is an OSHA inspection, under
section 8(e), an authorized employee
representative must be given the chance to
accompany OSHA during any inspection. If there
is no authorized employee representative, the
OSHA inspector has a further duty to consult with
a reasonable number of employees on matters of
health and safety. Under section 8(e), employers
are also provided with the opportunity to designate
a representative to accompany OSHA on the
inspection. An important point to remember,
however, is that under no circumstances may the
employer designate the employee representative.
Section 8 sets out three other important
employee rights. Paragraph (c)(l) requires
employers to post a notice or use some other
appropriate means to inform employees of how the
OSH Act protects them, as well as what employee
obligations are. Further, where the OSH Act
requires measuring or monitoring potentially toxic
materials or harmful physical agents (e.g., Subpart
Z, 29 CFR 1910.1000), paragraph (c)(3) gives an
employee or an authorized employee
representative the right to observe any such
activity, and to have access to the records. This
same paragraph states that an employee or former
employee is entitled to have access to any required
records that indicate the person's exposure to toxic
materials or harmful physical agents. When an
employee is so exposed, the employer must notify
him of an exposure above levels prescribed by an
applicable OSHA standard, and inform the
employee of actions taken to correct the conditions
that led to the impermissible exposure.
There are other provisions of the OSH Act
that set forth employee rights. For additional
information, consult the OSH Act. Another useful
source to consult on this subject is the OSHA
publication entitled Employee Workplace Rights
(OSHA Publication No. 3021). To obtain a copy
of this document, contact OSHA's Publications
Office. (Refer to Exhibit 8 for the appropriate
address and telephone number.) When ordering
the document, be certain to specify the publication
number.
13
-------
PART 6: SOURCES OF
ADDITIONAL
INFORMATION AND
REFERENCE
MATERIALS
Part 6 of this Fact Sheet provides
information on where you can obtain a copy of a
generic HASP; describes a set of Guidelines that
can help an OSC/RPM assess the efficacy of a
HASP; and provides important addresses and
telephone numbers for additional information on
HAZWOPER requirements.
Generic HASPs
ERT has developed a computer software
package to assist field personnel in preparing a
site-specific health and safety plan, complete with
all the elements required by HAZWOPER. You
can obtain a copy of the generic HASP by
contacting:
ERC - Health and Safety
U.S. EPA/ERT
2890 Woodbridge Avenue
Building 18 (MS-101)
Edison, NJ 08837-3679
Attention: Generic HASP
Single copies are available without charge.
Requestors must specify their desired disk size
(i.e., either 3 1/2 or 5 1/4 inch disk) and whether a
high density or double density disk is preferred.
Health and Safety Audit Guidelines
ERT has developed step-by-step guidance
for evaluating the comprehensiveness and efficacy
of the preliminary evaluation and the HASP for
activities at uncontrolled hazardous wastes sites.
These "Health and Safety Audit Guidelines" may
be used in conducting a health and safety site
audit, or simply to assist OSC/RPMs in
determining whether a HASP is likely to comply
with the HAZWOPER requirements.
A copy of the "Health and Safety Audit
Guidelines" (Publication Number EPA/540/G-
89/010) may be obtained by calling the National
Technical Information Service at (703) 487-4600.
Additional Sources of Information
The following is a brief summary of where
to obtain additional information on the
HAZWOPER standards. Please refer to Exhibit 8
for the appropriate addresses and telephone
numbers of the contacts referenced below.
• If you have questions regarding the existing
relationship between EPA and OSHA with
respect to the implementation of the
standards, contact the ERT in Edison, NJ.
• For information about EPA's training
courses, contact ERTs Operations Section
in Cincinnati, OH.
• For information and guidance on the
substance of 29 CFR 1910.120, contact the
appropriate OSHA Regional office. If
additional information is needed, contact
the OSHA Office of Health Compliance
Assistance in Washington, D.C.
• For information on how to obtain technical
assistance from OSHA, contact the
appropriate OSHA Regional office. (Refer
to Exhibit 8 for appropriate addresses and
telephone numbers.)
• There are four other HAZWOPER Fact
Sheets that are available:
Hazardous Waste Operations and
Emergency Response: General
Information and Comparison (Pub.
No. 9285.2-09FS) explains the scope
of the HAZWOPER standards, and
distinguishes them from regulations
and consensus standards covering the
same or similar subject matter;
Hazardous Waste Operations and
Emergency Response: RCRA TSD
and Emergency Response Without
Regard to Location (Pub. No. 9285.2-
07FS) explains the principal
HAZWOPER requirements for
emergency response without regard
to location and routine hazardous
waste operations at RCRA TSD
facilities.
14
-------
Establishing Work Zones at
Uncontrolled Hazardous Waste Sites
(Pub. No. 9285.2-06FS) describes the
requirements and procedures for
establishing support zones at
uncontrolled hazardous waste sites.
Hazardous Waste Operations and
Emergency Response: Available
Guidance (Pub. No. 9285.2-10FS)
describes guidance materials
developed by the Environmental
Response Team of EPA to help
workers engaged in hazardous waste
operations and emergency response
understand the HAZWOPER
requirements.
Copies of these Fact Sheets may be
obtained by calling or writing ERT in Edison, NJ.
Please specify the title and directive number of the
Fact Sheet(s). (Refer to Exhibit 8 for the
appropriate address and telephone number.)
EXHIBIT 8
Important Telephone Numbers and Addresses
• U.S. EPA/ERT
2890 Woodbridge Avenue
Building 18 (MS-101)
Edison, NJ 08837-3679
(908) 321-6740 or (FTS) 340-6740
• U.S. EPA/ERT
Operations Section
26 West Martin Luther King
Cincinnati, OH 45268
(513) 569-7537 or (FTS) 684-7537
• U.S. Department of Labor, OSHA
Office of Health Compliance Assistance
200 Constitution Avenue, NW
Washington, D.C. 20210
(202) 523-8036 or (FTS) 523-8036
• U.S. Department of Labor, OSHA
Publications Office
Room N 3101
200 Constitution Avenue, NW
Washington, D.C. 20210
(202) 523-9667
OSHA Regional Offices
• U.S. Department of Labor, OSHA
Region 1
133 Portland Street, 1st Floor
Boston, MA 02114
(617) 565-7164 or (FTS) 835-7164
U.S. Department of Labor, OSHA
Region 2
201 Varick Street, Room 670
New York, NY 10014
(212) 337-2325 or (FTS) 660-2378
U.S. Department of Labor, OSHA
Region 3
Gateway Building, Suite 2100
3535 Market Street
Philadelphia, PA 19104
(215) 596-1201 or (FTS) 596-1201
U.S. Department of Labor, OSHA
Region 4
1375 Peachtree Street, NE, Suite 587
Atlanta, GA 30367
(404) 347-3573 or (FTS) 257-3573
U.S. Department of Labor, OSHA
Region 5
230 South Dearborn Street
32nd Floor, Room 3244
Chicago, IL 60604
(312) 353-2220 or (FTS) 353-2220
U.S. Department of Labor, OSHA
Region 6
525 Griffin Street, Room 602
Dallas, TX 75202
(214) 767-4731 or (FTS) 729-4731
U.S. Department of Labor, OSHA
Region 7
911 Walnut Street
Kansas City, MO 64106
(816) 426-5861 or (FTS) 867-5861
15
-------
EXHIBIT 8 (continued)
Important Telephone Numbers and Addresses
OSHA Regional Offices (continued)
• U.S. Department of Labor, OSHA
Region 8
1951 Stout Street
Denver, CO 80204
(303) 844-3061 or (FTS) 564-3061
• U.S. Department of Labor, OSHA
Region 9
71 Stevenson Street, Suite 415
San Francisco, CA 94105
(415) 744-6670 or (FTS) 484-6670
• U.S. Department of Labor, OSHA
Region 10
1111 Third Avenue, Suite 715
Seattle, WA 98101-3212
(206) 442-5930 or (FTS) 399-5930
EPA Regional Offices
• U.S. Environmental Protection Agency
Region 1
John F. Kennedy Federal Building
Room 2203
Boston, MA 02203
(617) 565-3715 or (FTS) 835-3715
• U.S. Environmental Protection Agency
Region 2
Jacob K. Javitz Federal Building
26 Federal Plaza
New York, NY 10278
(212) 264-2657 or (FTS) 264-2657
• U.S. Environmental Protection Agency
Region 3
841 Chestnut Building
Philadelphia, PA 19107
(215) 597-9800 or (FTS) 597-9800
• U.S. Environmental Protection Agency
Region 4
345 Courtland Street, NE
Atlanta, GA 30365
(404) 347-4727 or (FTS) 257-4727
U.S. Environmental Protection Agency
Region 5
230 South Dearborn Street
Chicago, IL 60604
(312) 353-2000 or (FTS) 353-2000
U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue, 9th Floor
Dallas, TX 75202
(214) 655-6444 or (FTS) 255-6444
U.S. Environmental Protection Agency
Region 7
726 Minnesota Avenue
Kansas City, KS 66115
(913) 551-7000 or (FTS) 276-7000
U.S. Environmental Protection Agency
Region 8
999 18th Street, Suite 500
Denver, CO 80202-2405
(303) 293-1603 or (FTS) 293-1603
U.S. Environmental Protection Agency
Region 9
215 Fremont Street
San Francisco, CA 94105
(415) 556-6322 or (FTS) 556-6322
U.S. Environmental Protection Agency
Region 10
1200 6th Avenue
Seattle, WA 98101
(206) 442-1200 or (FTS) 399-1200
Call the Emergency Planning and
Community Right-to-Know Information
Hotline for the addresses and telephone
numbers of state emergency response
commissions and local emergency planning
committees in your area. The telephone
numbers for the Hotline are: toll-free
800-535-7672, or 202-475-9652 in the
Washington, D.C. area.
16
------- |