&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:

-------