&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
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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
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*>.
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
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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,
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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.
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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
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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:
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