&EPA United States Environmental Protection Agency Office of Solid Waste and Emergency Response DIRECTIVE NUMBER: 9285.3-01 TITLE: Occupational Safety and Health Technical Assistan And Enforcement Guidelines For Superfund APPROVAL DATE: 03/15/34 EFFECTIVE DATE: 03/15/84 ORIGINATING OFFICE: OERR/HRSD D DRAFT STATUS: REFERENCE (other documents): OS WE Ft OSWER OSWER VE DIRECTIVE DIRECTIVE D ------- 03/19/87 United States Environmental Protection Agency Washington, D.C. 20460 EPA OSWER Directive Initiation Request 1. Directive Number 9285.3-01 2. Originator Information Name of Contact Person BAHNICK Ma II Code Office OERR/HSCD/ Telephone Number 475-8600 3. Title OCCUPATIONAL SAFETY AND HEALTH TECHNICAL ASSISTANCE AND ENFORCEMENT GUIDELINES FOR 4. Summary of Directive (Include brief statement of purpose) Provides direction for OSHA field staff who may be called upon to provide technical assistance or , conduct enforcement activities at Superfund or other hazardous waste sites. (3/84, 10 pp) 5. Keywords SUPERFUND, CERCLA, SITE SAFETY, EMPLOYEE HEALTH AND SAFETY PROCEDURES 6a. Does this Directive Supercede Previous Dlrectlve(8)?|' [ yes | ^ No What directive (number, title) b. Does It Supplement Previous Directives^ *t n yes No What directive (number, title) 7. Draft Level A-SignedbyAA/DAA B • Signed by Office Director C - For Review & Comment In Development This Request Meets OSWER Directives System Format 8. Signature of Lead Office Directives Coordinator Date 9. Name and Title of Approving Official W. HEDEMAN Date 03/15/85 OSWER OSWER OSWER DIRECTIVE DIRECTIVE ------- *>. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 S !--•' \j i-rf'^-t MEMORANDUM SOLID WASTE AND EMERGENCY RESPONSE OSWER Directive 9285.3-01 SUBJECT: Occupational Safety and Health Technical Assistance and Enforcement Guidelines for Superfund Hazardous Was-te Site Activities —•""' i FROM: William N. Hedeman, Jr., Director o^ Office of Emergency and Remedial Response / TO: Directors, Environmental Services Division (Regions I-X) Director, Ofc. of Emergency & Remedial Resp., Region II Director, Hazardous Waste Mgmt. Div., Region III Director, Air & Waste Management Division, Regions IV, VI, VII & VIII Director, Waste Mgmt. Div., Region I & V Director, Toxics & Waste Mgmt. Div., Region IX Director, Air & Waste Division, Region X Enforcement Contacts (Regions I-X) Thome G. Auchter, Assistant Secretary for Occupational Safety and Health (OSHA), Department of Labor, released guidelines on December 30, 1983 to provide direction for OSHA field staff who may be called upon to provide technical assistance or conduct enforcement activities at Superfund sites. My office was involved in the review of the instructions. (Copy attached) OSHA and EPA have agreed that OSHA has the lead role in planning for the safety and health of workers at hazardous waste sites. OSHA Regional Office technical staff and members of the OSHA Health Response Team located at Salt Lake City, Utah, will provide the main services of on-site or off-site health and safety advice and consultation to employees and contractors who are performing activities at Superfund sites. Requests for OSHA safety and health technical assistance by EPA (or another lead, agency such as the Coast Guard) will be made in writing, giving all relevant information about the site activities as detailed in the guidelines. Please forward your requests signed by the Regional Administrator or the ------- U.C. .ji'il o As3iil.'•"•' -i flrify ioi OtCu(<"" ..ii Salciy and i I ' ^ C 20i' i 0 Attachment to OSWER Directive 9285.3-01 OSHA Instruction CPL3.-c2.37 bett.nbertyllXj Office of Field Coordination Subject: Technical Assistance and Enforcement Guidelines for Superfund and Other Hazardous Waste Site Activities A. Purpose. This instruction supplements general OSHA procedures set forth in the Field Operations Manual. It provides direction for OSHA staff who may be called upon to provide technical assistance or conduct enforcement activities at Superfund or other hazardous waste sites. "Superfund" is the common name for the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (sometimes also called CERCLA) , the law passed to provide for removal or remedial actions at hazardous waste sites which pose a threat to the public. B. Scope. This instruction applies OSHA-wide. C. Action. OSHA National Office Directors, Regional Administrators and Area Directors shall ensure that OSHA involvement in protecting workers who clean up hazardous waste sites is consistent with the guidelines in F, G, H, and I of this instruction. D. Fodcral Program Chanqo. Thi:» ins true Li on iU>:;cr iljur. Federal program change which affects State programs. Regional Administrator shall: Each 1. 2. 3. Ensure that designee. this change is forwarded to each State Explain the technical content of the change to the State designee as requested. Explain that the Assistant Secretary has determined that coverage of Superfund sites within the State plan States is a severable issue as defined by 29 CFR 1902.2(c). As a result, State plans will have the option of covering such waste sites within their respective jurisdictions. All State plans, however, ------- OSHA Instruction CPL 3-J.J? AcKVntM-- If. 'tfj Office of Field Coordination 3. In addition to the Superfund sites, there are thousands of other toxic waste facilities in the United States. These will not generally receive technical assistance visits. OSHA attention may be necessary, however, and that will be provided by the inspection mechanisms now in place, except that it is important to ensure that only trained personnel respond at these sites. 4. OSHA actions will, at all times, be closely coordinated with EPA, since EPA is the lead agency for cleanup act- ivities. Because of the hazards involved at each of the sites (not only to cleanup workers but also to the public), OSHA recognizes the need for expeditiousness in the cleanup process. OSHA activities should not unnecessarily hinder removal or remedial actions, while at the same time they should ensure that worker safety and health are not compromised. F. Technical Assistance Activities. 1. Technical Assistance Team. Regional Office technical staff and members of the OSHA Health Response Team (HRT) will provide the main services of on-site or off-site health and safety advice and consultation to employers and contractors who are performing or supervising clean- up activities at Superfund sites. This includes provid- ing assistance in conjunction with the State in those States which choose to cover Superfund sites and direct- ly in those which elect not to cover Superfund sites. 2. Response Sequence. OSHA reaction to Superfund activi- ties will follow the sequence listed below: a. Whenever EPA (or another lead agency such as the Coast Guard) requests OSHA's safety and health assistance, the EPA Regional Administrator or the EPA Regional Superfund Coordinator, through the Hazardous Response Support Division, notifies OSHA's Director of Field Operations in writing about the site activities, giving all relevant information, including: (1) Site name. (2) Site address. ------- OSHA Instruction CPLJ-j.J? iXitml»r 3(, 333 Office of Field Coordination f. In the case of accidents, worker complaints, or referrals other than requests for technical assist- ance from the lead agency OSC, the State or OSHA Area Office may be called in to perform normal compliance activities. The enforcement guidelines in G. of this instruction must be followed. Enforcement Activities. The OSHA inspection mechanism now in place shall be followed when handling complaints or acci- dent reports at either Superfund sites or other hazardous waste sites, except that only trained personnel are to be sent to these sites. (See H of this instruction.) 1. On-Site Coordination. The enforcement team shall coor- dinate activities with EPA, Corps oC Engineers, or other lead agency representatives, if present. 2. Applicable Standards. Depending on the activities oc- curring at the site, general industry and/or construc- tion standards may be applicable. / a. Examples of Health Standards. Since engineering controls at the site may not be feasible, programs for the following must be specifically evaluated for their effectiveness: (1) Respirators; including use of respirators during emergency evacuation (e.g., 29 CFR 1910.134). (2) Protective clothing and equipment; including decontamination procedures (o.q., 29 Ci-'u 1910.132, 19L0.133 and iy l 0. L003 (c) (!i) ) . (3) Hygiene facilities and practices; including emergency showers, change areas, showers (if necessary), and a program for ensuring that eating, drinking and smoking are done only in safe and clean areas (e.g., 29 CFR 1910.1025 (i), 1910.1003(d)(3)). b. General Duty Clause. The general duty clause pro- visions (section 5(a)(l) of the OSH Act) shall be used where there is no standard that applies to the particular hazard involved. Procedures in Chapter IV of the Field Operations Manual shall be ------- OSHA Instruction *"•< r,Y>t>rr jr/?fj Office of Field Coordination a. All travel that is exclusively taken to perform Superfund site investigations, and b. tion. Any supplies or equipment specifically purchased to fulfill OSHA's obligation under this instruc- ^ i r\r\ 2. Travel and procurement action shall be identified through use of the project code "EPA1 in the last three spaces of the 22-digit accounting code. Since EPA can reimburse OSHA only for work directly related to Super- fund, no charges shall be submitted for responses to non-Superfund sites. (EPA reimbursement is not avail- able for State activity on Superfund sites.) It is imperative that the 'EPA' project code be utilized as it is the only method the Agency has to identify reim- bursable costs. 3. Under the current MIS, CS1IO time spent on Superfund investigations shall be identified by entering the word 'SUPER1 in the first five spaces of cross-reference box 2 of Item 30 on the OSHA-1. Under the 1MIS, enter 'SUPERFUND1 on the Inspection Classification Line, 25a. (National Emphasis Program), of the new OSHA-1. 4. A monthly report shall be submitted by each Regional Office to the Director of Field Operations of reimburs- able Superfund activities. The report shall include the following: a. The number of staff hours devoted to technical assistance at Superfund sites. b. The names and locations of all Superfund sites visited. NOTE: Travel and equipment costs assoociated with Superfund activities need not be reported on a monthly basis to the Director of Field Oper- ations as these costs will be obtained from the Integrated Accounting System (IAS) Reports through the coding instructions in 1.2. J. Further Information. If Regional Offices need more informa- tion or have questions about: ------- |