A EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication 9285.2-07FS
April 1991
Hazardous Waste Operations
and Emergency Response:
RCRA TSD and Emergency Response
Without Regard to Location
OIMOB oi i_inoiyency 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 originally on June 23, 1989 at 54 FR
26654, incorporate the OSHA standards by
reference and are codified at 40 CFR 311.
Although the EPA and OSHA worker
protection standards for hazardous waste
operations and emergency response
(HAZWOPER) contain identical substantive
provisions, the regulations differ with respect to
the scope of coverage. The OSHA standards apply
directly to private employees and to federal
employees through Executive Order 12196. OSHA
has no authority to enforce regulations protecting
state and local government employees. However,
under section 18(b) of the OSH Act, a state may
elect to develop and implement its own
occupational safety and health program. This
program must be at least as effective as the federal
OSHA standards and must be reviewed and
approved by OSHA prior to implementation of the
plan. Through its review and approval authority,
OSHA requires states to extend occupational
safety and health protection to all state and local
government employees, as well as to private
employees, within the state's jurisdiction.
EPA's authority extends to state and local
government employees conducting hazardous waste
operations and emergency response in states that
do not have in effect a delegated OSHA program.
The EPA regulations also cover both compensated
and uncompensated workers. Therefore, the EPA
standards protect volunteers, such as fire fighters.
Although federal OSHA recommends that states
with delegated programs define "employee" to
include both compensated and uncompensated
workers, not all states have followed this
recommendation.
Despite the fact that the EPA and OSHA
regulations differ in their scope of coverage, both
regulations apply to three primary groups of
workers: (1) employees engaged in emergency
response without regard to location; (2) employees
engaged in routine hazardous waste operations at
treatment, storage, and disposal (TSD) facilities
regulated under the Resource Conservation and
Recovery Act (RCRA); and (3) employees engaged
in mandatory or voluntary clean-ups at
uncontrolled hazardous waste sites, including
corrective actions at RCRA TSD facilities. The
standards, however, do not cover those employees
who will not be exposed to, or who do not have
the potential to be exposed to, hazardous
substances.
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 who perform emergency response
operations irrespective of location and employees
who perform hazardous waste operations at RCRA
TSD facilities. Requirements that apply at
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
MEMORANDUM OSWER Directive 9285.0-012
SUBJECT: OSWER Integrated Health and ,Safety'Standard Operating
Practices
FROM: Richard J. Guimond
Assistant Surgeon General:
Acting Assistant Administrator
Office of Solid Waste and Emergency Response
Christian R. Holmes, Assistant Administrator
Office of Administration and Resources Management
TO: OSWER Office Directors
PURPOSE;
To implement the OSWER Integrated Health and Safety Standard
Operating Practices (SOP).
BACKGROUND:
As you know, all EPA employees are required to comply with
Occupational Safety and Health Act (OSHA) Standards (e.g., 29 CFR
191° '192'^, as well as EPA's F=fety, Health and Environmental
Manarwn^nt1 (SHFMn) Pol-iri *»«f. Prrwjr?.™?, ?«d ?*»!V'».rd Op^ratiJVJ
Practices.
The OSWER Integrated Health and Safety Policy, which became
effective August 12, 1988, has been replaced with the OSWER Health
and Safety Standard Operating Practices. This action has been
taken to meet the requirements of the final OSHA Worker Protection
Standards, 29 CFR 1910.120. The revised Practices also fulfill the
requirements of EPA's SHEMD. Therefore, OSWER personnel whose job
functions require them to be involved with hazardous waste sites,
emergency spill activities, chemical processing/storage plants,
and/or potentially hazardous substances, are required to have the
appropriate training certification as described in the SOP, prior
to engaging in field activities. Compliance with the standard
Operating Practices and 29 CFR 1910.120 is mandatory, not
voluntary.
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OBJECTIVES :
Tho -‘bjective of the O3WER ntegrated Hea’th and Safety
Standard operating Practices is to assure that OSWER Offices meet
all OSHA and EPA requirements in a timely fashion. The attached
Standard Operating Practices are based on information received from
the various offices, workgroup members and in—house occupational
health and safety expertise existing within the Office of
Administration, Safety, Health and Environmental Management
Division, and the Environmental Response Team (ERT) in Edison, NJ.
IMPLEMENTATION :
To assist Branch Chiefs in their employee health and safety
record keeping responsibilities, the ERT has established an OSWER
Health and Safety Data System to track compliance with training and
medical surveillance requirements. Please have your first line
supervisors furnish the following information for employees in
OSWER categories No. 1 through No. 6 by February 22, 1993 to:
Rod Turpin
J. • Lily .LLUZUReIZL.dJ. LUL. LiU(l M9 I1 ..)’
ERT (MS1O1), Building No. 18
2890 Woodbridge Ave.
Edison, NJ 08837—3679
(908) 321—6741
(908) 321—6724 (FAX)
LAST NAME FIRST NAME OFFICE MAIL CODE CATEGORY
Upon receipt of a written request from a Branch Chief, a final
print out of the Branch’s employee information will be furnished.
You may be requested for updated information periodically. Thank
you in advance for your support of the OSWER Integrated Health ard
Safety Program.
Attachment
cc: W. K. Kovalick (OS—100)
P. Hanley (PM-208)
C. B. Train (OS—ba)
T. Fields, Jr. (OS—laO)
H. Longest (OS-200)
OSWER Division Directors
3. Jiineno (PM-273)
R. Turpin, ERT
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uncontrolled hazardous waste sites are addressed in
a Fact Sheet entitled “Hazardous Waste
Operations and Emergency Response:
Uncontrolled Hazardous Waste Sites and RCRA
Corrective Action” Publication No. 9285.2-O8FS.
This Fact Sheet is divided into three parts.
The first two parts describe the planning, training,
and medical surveillance requirements as they
apply to emergency response activities without
regard to location and hazardous waste operations
at RCRA TSD facilities. The final part of this
Fact Sheet provides important addresses and
telephone numbers.
PART 1: Requirements
for Planning, Training,
and Medical Surveillance
for Emergency Response
_________ Without Regard to
Location (29 CFR
1910.120(q))
This part of the Fact Sheet addresses the
requirements in 29 CFR 1910.120(q) that apply to
emergency responders who respond to hazardous
waste emergencies wherever they may occur (i.e.,
without regard to location). Although there are
eleven required elements specified at 29 CFR
1910.120(q) for protecting workers who perform
emergency response operations without regard to
location, this Fact Sheet addresses only the
planning, training, and medical surveillance
requirements. For a complete list of the
requirements at 29 CFR 1910.120(q), refer to
Exhibit 1.
Overview of Emergency
Response
An “emergency response” is
defined at 29 CFR
1910.120(a)(3) as a response
effort by employees from
outside the immediate release area or by other
responders, such as local fire fighters, to an
incident that results, or is likely to result, in an
uncontrolled release of a hazardous substance. A
response to an incidental release of a hazardous
substance that can be absorbed, neutralized, or
otherwise controlled by employees in the
immediate area or by maintenance personnel is not
considered an emergency response within the scope
of the standard.
The worker protection standards contain
several requirements that apply to workers engaged
in “emergency response.” These requirements are
specified at 29 CFR 1910.120(1) for emergency
responders at uncontrolled hazardous waste sites;
29 CFR l910.l20(p)(8) for emergency responders
at RCRA ThD facilities; and 29 CFR l9lO.120(q)
for employees who perform emergency response
operations irrespective of location.
The emergency response requirements at
(p) and (1) apply to site workers who will respond
to emergencies only at their specific work site; the
emergency response requirements at 29 CFR
1910.120(q) are specifically designed to protect
employees who respond to a variety of emergencies
at different locations with various extenuating
circumstances. This part of the Fact Sheet only
addresses the requirements specified at (q). These
requirements cover a variety of emergency
response workers, including public and private
HAZMAT teams, fire fighters, and police officers.
Examples of emergency response operations that
occur irrespective of location could include a fire
at a gas station; a transportation accident, such as
an overturned tractor trailer or a train derailment;
or a chemical spifi at a fixed facility, such as a
EXHIBiT 1
Emergency Response Operations
Conducted without Regard to Location
(29 CFR 1910.120(q))
• Emergency response plan
• Elements of an emergency response
plan
• Procedures for handling emergency
response
• Skilled support personnel
• Specialist employees
.. Material handling program
• Training based on the duties and
functions performed by each level of
responder
• Refresher training program
• Medical surveillance and
consultation
• Chemical protective equipment
clothing
• Post-emergency response operations
2
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manufacturing plant or a pharmacy, where outside
assistance is needed to cleanup the spill.
uu
•mui
Planning Requirements
Under 29 CFR 1910.120(q)(l),
employers must develop and
implement an emergency
response plan to handle
anticipated emergencies prior
to the commencement of emergency response
operations. In developing this plan, the employer
must take into account the variety of possible
emergencies that could occur within the employer's
jurisdiction. Exhibit 2 provides a comprehensive
list of the elements that must be addressed in the
emergency response plan. In addition to these
elements, the emergency response plan must
include the procedures for setting up an Incident
Command System (ICS) and identify the chain of
command that will be operative during an
emergency. For example:
• The senior response official responding to
an emergency will become the individual in
charge of a site-specific ICS. All emergency
responders and their communications must
be coordinated and controlled through the
individual in charge of the ICS. The
emergency response plan should address the
responsibilities of the individual in charge;
these responsibilities are specified at 29
CFR 1910.120(q)(3).
• The Safety Official, designated by and
accountable to the individual in charge of
the ICS, must be knowledgeable in the
operations being implemented at the
incident site and be able to identify and
evaluate hazards. The Safety Official also
has authority to alter, suspend, or terminate
activities at a site if it is determined that an
immediately dangerous to life or health
(IDLH) condition or imminent danger
condition exists.
In addition to the planning requirements
specified at 29 CFR 1910.120(q), there are a
multitude of planning requirements specified under
SARA Title III that address emergency response
planning for a community. The goal of the Title
III planning requirements is to protect the public
in the event of an emergency involving an
extremely hazardous substance. Emergency
response organizations should incorporate the
EXHIBIT 2
Required Elements of an
Emergency Response Plan
(29 CFR 1910.120(q) (2)
and (p)(8)(ii))
Pre-emergency planning and
coordination with outside parties.
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.
Personal protective equipment
(PPE) and emergency equipment.
local emergency response plan or the state
emergency response plan or both as part of their
emergency response plan to avoid any unnecessary
duplication of information. For additional
information on the SARA Title III planing
requirements, please contact the Title III Hotline
at (800) 535-7672, or (202) 475-9652 in the
Washington, D.C. metropolitan area.
Training Requirements
The purpose of the training
requirements for emergency
response personnel is to give
employees the knowledge and
skill to perform an emergency
response with minimal risk to their own health and
safety and the health and safety of others.
Employees who respond to emergencies may
become exposed to a hazardous substance. The
risks of exposure, however, will vary with each
response. As such, the amount and type of
training required under the worker protection
standards for employees who perform emergency
response operations is linked directly to an
employee's potential for exposure to hazardous
substances and to other health hazards during an
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emergency response. No emp1o e may particqate
in an eine gency response activiLy unless they have
been adequate y trained.
The specific training requirements for
employees who perform emergency response
operations without regard to location are specified
at 29 CFR 1910. 120(q)(6). These training
requirements are based on Levels that are
generally recognized in the hazardous materials
response industry. There are five Levels of
emergency response personnel; each Level specifies
unique training requirements. The following is an
o’ ,erview of the responsibilities of each Level of
responder and a brief summary of the training
requirements for that Level.
Level 1. Level 1 Responders are most likely to
witness or discover a hazardous substance release
and to initiate an emergencyresponse sequence by
notifying tire proper authorities. Police officers
who do not actually respond to a release are good
examples of a Level 1 Responder. For example, a
State Trooper who responds to an overturned
truck carrying hazardous materials on a hig iway,
contacts the police dispatcher to report the
location and the type of accident, and uses his
patrol car to block lines of traffic; would be a
Level I Responder, so long as he does try to
contain the release. The number of training hours
that a Level 1 Responder must receive is not
specified in the regulation. Level 1 Responders,
however, must have sufficient training or
experience to demonstrate competency in the
following areas:
• Understanding hazardous substances and
their risks;
• Understanding the implications of
hazardous substance emergencies;
• Recogni7ing the presence of hazardous
substances;
• Identifying hazardous substances;
Understanding the first responder role; and
• Recognizing the need for additional
resources.
Level 2. Level 2 Responders are part of the initial
response to a release or potential release of
hazardous substances. Local police officers, fire
fighters, and rescue personnel, who try to contain
the effects of a release without necessarily stopping
it, are typical Level 2 Responders. Specifically, a
Level 2 Responder may assist with evacuation
proceedings, contain the release from a safe
distance, and prevent further exposures. Level 2
Responders must have Level 1 competency and a
minimum of 8 hours training or sufficient
experience to demonstrate competency in the
following areas:
• Understanding basic hazard and risk
assessment techniques;
• Selecting and using PPE
• Understanding basic hazardous materials
terms;
• Performing basic control, containment,
and/or confinement operations;
• Implementing basic decontamination
procedures; and
relevant standard
and termination
Level 2 Responders
(Operations Level)
Must Have Level I Competency,
plus a Minimum of S Hours of Training
to Demonstrate Specific Competencies
Level 1 Responders
(Awareness Level)
Must Have Sufficient Training
or Proven Experience
In Specific Competencies
• Understanding the
operating procedures
procedures.
Level 3 Responders
(HAZMAT Technicians)
Must Have a Minimum of 24 Hours
of Training at Level 2, plus
Sufficient Experience to Demonstrate
Specific Competencies
4
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Level 3. Level 3 Responders are Hazmat
Technicians responsible for attempting to stop the
release, as compared to a Level 2 responder who
attempts only to contain the release and contact
the appropriate authorities. Level 3 Responders
must have a minimum of 24 hours of training at
Level 2, and sufficient experience to demonstrate
competency in the following areas:
• Implementing the employer’s emergency
response plan;
• Classifying, identifying, and verifying known
and unknown materials by using field survey
instruments and equipment;
• Functioning within an assigned role in the
Incident Command System;
• Selecting and using specialized chemical
PPE;
• Understanding hazard and risk assessment
techniques;
• Implementing advance control, con-
tainment, and/or confinement operations;
• Implementing decontamination procedures;
• Understanding termination procedures; and
• Understanding basic chemical
toxicological terminology and behavior.
and
Level 4. Level 4 Responders are Hazmat
Specialists. They respond with and provide
support to the Hazardous Materials Technicians
(Level 3). Level 4 Responders are expected to be
more knowledgeable about hazardous substances
than are Level 3 Responders. Hazmat Specialists
will sometimes act as liaisons with government
authorities, explaining site activities and associated
risks. Level 4 Responders must have a minimum
of 24 hours of training at Level 3, and sufficient
experience to demonstrate competency in the
following areas:
• Implementing the local emergency response
plan;
• Classifying, identifying, and verifying known
and unknown materials;
• Having knowledge of the state emergency
response plan;
• Selecting and using specialized chemical
PPE;
• Understanding in-depth hazard and risk
techniques;
• Performing specialized control, con-
tainment, and/or confinement operations;
• Determining and implementing
decontamination procedures;
• Developing a site safety and control plan;
and
• Understanding chemical, radiological, and
toxicological terminology and behavior.
Level 5. The Level 5 Responder is the On-Scene
Incident Commander or Senior OIC. The Senior
OIC assumes control of the emergency response
incident scene. Senior OICs coordinate the
activities of all emergency responders and ensure
that open lines of communications exist between
them. The OIC is usually a generalist with broad
knowledge in managing emergency incidents.
Level 5 Responders must have a minimum of 24
hours of training at Level 2, and additional
competency in the following areas:
• Implementing the Incident Command
System;
Level 4 Responders
(HAZMAT Specialists)
Must Have a Minimum of 24 Hours
of Training at Level 3, plus
Sufficient Experience to Demonstrate
Specific Competencies
Level 5 Responders
(On-Scene Incident Commanders)
Must Have a Minimum of 24 Hours
of Training at Level 2, plus
Sufficient Experience to Demonstrate
Specific Competencies
5
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Implementing the employer’s emergency
response plan;
• Implementing the local emergency response
plan;
• Having knowledge of the state emergency
response plan and the Federal Regional
Response Team;
• Understanding the hazards and risks
associated with chemical protective
clothing; and
• Understanding the importance
decontamination procedures.
In addition to the aforementioned training
requirements, each emergency responder must
receive either annual refresher training, or must
demonstrate sufficient competency in the relevant
areas on a yearly basis. With respect to refresher
training, there are no specific hourly requirements,
however, it should be of sufficient content and
duration to enable responders to maintain their
competencies. If an employee does not submit to
refresher training but is able to demonstrate
competency to the employer in the relevant areas,
the employer must document on a yearly basis the
statement of competency and maintain a record of
the method used to determine competency.
There are two types of workers who may be
needed during an emergency response, but are not
covered by the training requirements in 29 CFR
1910. 120(q)(6). These employees include skilled
support personnel and specialist employees.
Skilled support personnel are trained in the
operation of specialized mechanical equipment
such as crane and hoisting equipment or a
backhoe, and generally are not employed by the
same organization as the other emergency response
personnel at the incident scene. Such skilled
personnel would be used in special situations to
assist with an emergency. Although they may be
exposed to hazards during an emergency response,
they are only at the scene temporarily to perform
immediate emergency support work that cannot
reasonably be performed by fully trained hazardous
response personnel.
The only training required for such skilled
personnel is that they receive an initial briefing of
the site, which must include instruction on the
proper use of PPE, a review of the potential
of
hazards at the site, an overview of the duties to be
performed, and an overview of other safety and
health precautions. Such personnel must be
briefed at the site prior to their participation in
any emergency response operations.
In addition to skilled support personnel, an
employer may call upon specialist employees to
assist in an emergency response effort. Specialist
employees have specialized knowledge about some
aspect of emergency response or hazardous
substances. These individuals are called upon on
an as needed basis to provide technical advice or
assistance to the individual in charge at an incident
where there has been a release of a hazardous
substance. For example, if an emergency release
invblves two or more hazardous substances, a
chemist may be called in to predict the potential
reactivity of the agents involved at the scene.
Although there is no statutory limitation on
a specialist employee’s functions, they must receive
proper training prior to performing any operations.
Specifically, specialist employees must receive
training commensurate with their area of
specialization on an annual basis. There are,
however, no hourly training requirements specified
under the worker protection standards for
specialist employees.
Medical Surveillance
Requirements
Employers whose employees
engage in emergency response
operations without regard to
location must develop and
implement a medical surveillance program that
includes provisions for baseline, periodic, and
termination medical examinations.
As specified in 29 CFR 1910.120(q)(9), a
medical survefflance program must be provided for
the following three groups of employees:
Hazardous Materials Specialists;
Members of an organized and designated
HAZMAT Team; and
Employees who exhibit signs or symptoms
that may have resulted from exposure to
hazardous substances during the course of
an emergency incident, either immediately
or subsequently.
S
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Employers are not required to provide a
formal medical monitoring program for first
responders at the awareness and operations levels
(i.e., Levels 1 and 2) and Level 3 Responders who
are not members of designated HAZMAT teams.
These employees, however, must be provided with
medical examinations if they are injured due to
overexposure during an emergency incident.
Furthermore, because coverage under 29 CFR
1910.120(f)(2) does not apply to emergency
responders without regard to location, fire fighters
who wear respirators for 30 days or more per year
are only required to undergo medical surveillance
if they are members of designated HAZMAT
Teams or are injured due to overexposure to
hazardous substances during an emergency
incident.
If employees fall within the first two groups
listed above, they must undergo a baseline medical
examination prior to an 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 is to 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
ability of the employee to wear PPE.
In addition to these requirements, an
employee must receive a medical examination as
soon as possible if the employee is injured or
becomes ill from exposure to hazardous substances
during an emergency, or the’ employee develops
signs or symptoms that indicate a possible
overexposure to hazardous substances. In addition,
employees must receive a final examination when
they are reassigned or terminate employment and
thus no longer are exposed to hazardous
substances. This examination is only required if
the employee has not had an examination within
the past six months. AJ1 required medical
examinations must be provided without cost to the
employee, without loss of pay, and at a reasonable
time and place.
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. For additional information on
medical recordkeeping requirements, refer to 29
CFR 1910.20.
PART 2: Requirements
for Planning, Training,
and Medical Surveillance
at RCRA TSD Facilities
(29 CFR 1910.120(p))
This part of the Fact Sheet explains the
applicability of 29 CFR 1910.120(p) and describes
several of the requirements specified in the OSHA
standards for personnel involved in hazardous
waste operations and emergency response activities
at RCRA TSD facilities. Although there are eight
required elements specified at 29 CFR 1910.120(p)
for protecting workers who perform hazardous
waste operations and emergency response at
RCRA TSD facilities, this Fact Sheet addresses
only the planning, training, and medical
surveillance requirements. For a complete list of
the requirements at 29 CFR 1910.120(p), refer to
Exhibit 3.
I
EXHIBIT 3
Operations Conducted Under the
RCRA Act of 1976
(29 CFR 1910.120(p))
• Safety and health program
• Hazard communication program
• Medical surveillance program
• Decontamination program
• New technology program
• Material handling program
• Training program
• Emergency response program
7
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pliabiity of 29 CFR
l .12O(p)
The reqwrements under the
worker protection standards
for personnel engaged in
hazardous waste operations
and emergency response at a RCRA 1SD facility
are specified at 29 CFR 1910.120(p). These
requirements apply to any TSD facility regulated
under 40 CFR 264 and 265, or by a state program
authorized under RCRA the requirements apply
to both permitted and interim status facilities.
Facilities that have been granted exemptions from
the RCRA ThD requirements (as detailed at 40
CFR 264 and 265), however, are exempt from the
worker protection requirements, except those at 29
CFR l 9 lO.l 2 O( p)(8) which detail the requirements
for an emergency response plan, emergency
response training, and other procedures for
handling emergencies.
• Planning Requirements
Employers at RCRA TSD
facilities must develop and
implement a written safety and
health program for their
employees engaged in
hazardous waste operations. The program must be
designed to identify, evaluate, and control safety
and health hazards at the facility, and provide for
emergency response during hazardous waste
operations at the TSD facility. In addition, the
program must address appropriate site analysis,
engineering controls, maximum exposure limits,
hazardous waste handling procedures, and uses of
new technologies. One important component of
the safety and health program is the emergency
response plan. This plan must be developed and
implemented as a separate part of the safety and
health program.
The emergency response plan must be
developed prior to the commencement of
operations at the facility. This plan must include
a description of how an emergency would be
handled at the facility and how the risks associated
with a response would be minimized. The
elements required in an emergency response plan
for a RCRA ThD facility are identical to the
requirements shown in Exhibit 2, the RCRA
requirements are codified at 29 CFR
1910.120(p)(8)(ü).
In addition to the requirements outlined in
Exhibit 2, the emergency response plan must
include information on site topography, layout, and
prevailing weather conditions, and procedures for
reporting incidents to local, state, and federal
agencies. The emergency response plan should
also be rehearsed regularly and reviewed
periodically to ensure that it accounts for new or
changing site conditions or new information on
potential hazards at the site.
When preparing an emergency response
plan, employer’s need not duplicate any of the
subjects that are addressed fully in the contingency
plan required under RCRA regulations, provided
that the contingency plan is incorporated into the
emergency response plan. Employer’s may also
incorporate local emergency response plans or
state emergency response plans, or both, into the
emergency response plan, if appropriate.
In lieu of preparing an emergency response
plan under 29 CFR l 9 lO.l 2 O(p)( 8 ), employers 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 employers plan to evacuate their employees from
the facility when an emergency occurs, and not
permit employees to assist in responding to the
emergency.
In addition to developing an emergency
response plan, employers must also address the
following items in their safety and health plan, as
appropriate: the selection of engineering controls,
hazardous waste handling procedures, and uses of
new technologies.
An employer must develop and
implement a training program
as part of the safety and health
program, for employees
engaged in hazardous waste
operations at RCRA TSD facilities. The worker
protection standards reflect a tiered approach to
training the amount and type of training is linked
directly to an employee’s potential for exposure to
hazardous substances and to other hazards during
a hazardous waste operation. The standards require
that only those employees that have been
appropriately trained may perfonn hazardous waste
operations or emelgeiuy response at a facility. A
summary of the training requirements for workers
Training Requirements
——s—’ ,- ‘—__
-.— .—‘ —.------.
— . - --.
—, ‘ .—.-‘—-.‘
- :=
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engaged in hazardous waste operations at RCRA
TSD facilities is provided below. An overview of
the basic hourly training requirements is also
provided in Exhibit 4.
The training requirements specified at 29
CFR 1910.120(p)(7)(i) for all new employees
engaged in hazardous waste operations at RCRA
TSD facilities include a minimum of 24 ho irs of
initial training. The purpose of this training is to
prepare employees to “perform their duties and -
functions in a safe and healthful manner so as not
to endanger other employees.” The regulation
does not specify what topics and issues should be
covered during training.
The initial training requirements can be
waived for current employees, if it is determined
that their prior work experience or training Is
equivalent to the initial training requirements in
the standard. Equivalent training includes the
training an employee may have already received
from actual site work experience.
In addition to the initial training
requirements, all new and current employees
subject to the worker protection standards,
including managers and supervisors, must receive
a minimum of eight hours of refresher training
annually. The purpose of refresher training is to
ensure that employees maintain certain
competencies. There are several ways to satisfy the
annual refresher training requirement, such as
attending applicable seminars or participating in a
critique of an actual response.
The training requirements for employees
who engage in emergency response operations at a
RCRA TSD facility differ from the initial training
requirements specified above; there are no
specified hourly requirements for either training or
refresher training for emergency responders at
RCRA TSD facilities. The training requirements
for emergency personnel are specified at 29 CFR
191O.120(p)(8)(üi) and require employees who
participate in emergency response activities to be
familiar with the elements of the emergency
response plan, standard operating procedures
established for the response, and appropriate PPE.
Employees must also be trained to a level of
competence in the recognition of various health
and safety hazards at the facility. Specifically,
training should include information on the safe use
of control equipment and the proper techniques of
coordination among parties involved in the
incident.
Employers at RCRA TSD
facilities must provide a
medical monitoring program
for the following four groups
of employees:
• Employees who wear a respirator for more
than 30 days a year;
• Hazardous Materials Specialists;
• Members of an organized and designated
HAZMAT Team; and
• Employees who exhibit signs or symptoms
that may have resulted from exposure to
hazardous substances during the course of
an emergency incident, either immediately
or subsequently.
The medical surveillance requirements for these
four groups of employees are identical to those
requirements outlined earlier in this Fact Sheet for
emergency responders without regard to location
THE RULE IS:
IF YOU ARE NOT TRAINED,
YOU CANNOT PARTICIPATE
EXHIBIT 4
Training Requirements for Employees at
RCRA TSD Facilities
(29 CFR 191O.12O(p)(7) and p(8)(iii))
General Site Employees
24 Hours or
Equivalent and 8
hours of annual
refresher training
Emergency Response
Personnel
Trained to a Level
of Competency --
no specific hourly
requirements
Medical Surveillance
9
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(pages 6 and 7). The requirements for medical
examinations and recordkeeping for employees at
RCRA TSD facilities are specified at 29 CFR
1910.120(p)(3).
PART 3: Sources of
Additional Information
The following is a brief
summary of where to obtain
additional information on the
EPA and OSHA worker
protection standards on hazardous waste
operations and emergency response. Please refer
to Exhibit 5 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 Environmental
Response Team (ERT) in Edison, NJ.
• For information about EPA’s training
courses, contact ERT’s Operations Section
in Cincinnati, OH.
• For information on guidance on the
substan of 29 CFR 1910.120, contact the
appropriate OSHA Regional Office. If
• additional information is needed, contact
OSHA’s Office of Health Compliance
Assistance in Washington, D.C
• For information on how to establish a
Hazmat Team, refer to the Hazmat Team
Planning Guidance Document (U.S. EPA,
1990, Pub. No. EPA/54O/O-90 )03). This
Document identifies equipment that may be
necessary for an emergency response and
suggests ways to acquire and maintain such
equipment. In addition, the Document
offers guidance in determining actual
HAZMAT response requirements.
To obtain a copy of the Hazmat Team
Planning Guidance Document, please call
the National Technical Information Service
at (703) 487-4600. When requesting the
Document, be certain to specify the
publication number.
• There are four other Fact Sheets that are
available on the worker protection
là
standards for hazardous waste operations
and emergency response:
-- Hazardous Waste Operations and
Emergency Response: General
information and Companson (Pub.
No. 9285.2 -O9FS) explains the scope
of the worker protection standards
and distinguishes these standards
from regulations and consensus
standards covering the same or
similar subject matter.
- Hazardous Waste Operations and
Emergency Response: Uncontrolled
Hazardous Waste Sites and RCRA
Corrective Action (Pub. No. 9285.2-
O8FS) explains the specific
requirements for operations
conducted at uncontrolled hazardous
waste sites, including corrective
actions at RCRA TSD facilities.
-- 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-lOPS)
describes guidance materials
developed by the Environmental
Response Team 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.
(Refer to Exhibit 5 for the appropriate address and
telephone number.) Please specify the title and
publication number of the Fact Sheet(s).
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EXHIBIT 5
Important Telephone Numbers and Addresses
• U.S. EPAIERT
2890 Woodbridge Avenue
Building 18 (MS-101)
Edison, NJ 08837-3679
(908) 321-6740 or (FTS) 340-6740
• U.S. EPAIERT
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 (V.1’S) 523-8036
OSHA Regional Offices
• U.S. Department of Labor, OSHA
Region 1
133 Portland Street, 1st Floor
Boston, MA 02114
(617) 565-7164 or (VI’S) 835-7164
• U.S. Department of Labor, OSHA
Region 2
201 Varick Street, Room 670
New York, NY 10014
(212) 337-2325 or (VI’S) 660-2378
• U.S. Department of Labor, OSHA
Region 3
Gateway Building, Suite 2100
3535 Market Street
Philadelphia, PA 19104
(215) 596-1201 or (FFS) 596-1201
• U.S. Department of Labor, OSHA
Region 4
1375 Peachtree Street, NE, Suite 587
Atlanta, GA 30367
(404) 347-3573 or (VI’S) 257-3573
• U.S. Department of Labor, OSHA
Region 5
230 South Dearborn Street
32nd Floor, Room 3244
Chicago, IL 60604
(3 12) 353-2220 or (VI’S) 353-2220
• U.S. Department of Labor, OSHA
Region 6
525 Griffin Street, Room 602
Dallas, TX 75202
(214) 767-4731 or (VI’S) 729-4731
• U.S. Department of Labor, OSHA
Region 7
911 Walnut Street
Kansas City, MO 64106
(816) 426-5861 or (FI’S) 867-5861
• U.S. Department of Labor, OSHA
Region 8
1951 Stout Street
Denver, CO 80204
(303) 844-3061 or (VI’S) 564-3061
• U.S. Department of Labor, OSHA
Region 9
71 Stevenson Street, Suite 415
San Francisco, CA 94105
(415) 744-6670 or (Fl’S) 484-6670
• U.S. Department of Labor, OSHA
Region 10
1111 Third Avenue, Suite 715
Seattle, WA 98101-3212
(206) 442-5930 or (FIt’S) 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
11
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EXHIBIT 5 (continued)
Important Telephone Numbers and Addresses
EPA Regional Offices (continued)
• U.S. Environmental Protection Agency
Region 2
Jacob K. Javitz Federal Building
26 Federal Plaza
Ncw York, NY 10278
(212) 264-2657 or (Fl ’S) 264-2657
• U.S. Environmental Protection Agency
Region 3
841 Chestnut Building
Philadelphia, PA 19107
(215) 597-9800 or (Fl ’S) 597-9800
• U.S. Environmental Protection Agency
RegIon 4
345 Courtland Street, NE
Atlanta, GA 30365
(404) 347-4727 or (Fl’S) 257-4727
U.S. Environmental Protection Agency
Region 5
230 South Dearborn Street
Chicago, IL 60604
(312) 353-2000 or (FTh) 353-2000
• US. Environmental Protection Agency
Region 6
1445 Ross Avenue, 9th Floor
Dallas, TX 75202
(214) 655-6444 or (Fl’S) 255-6444
U.S. Environmental Protection Agency
Region 8
999 18th Street. Suite 500
Denver, CO 80202-2405
(303) 293-1603 or (F S) 293-1603
• U.S. Environmental Protection Agency
Region 9
215 Fremont Street
San Francisco, CA 94105
(415) 556-63fl or (FFS) 556-6322
U.S. Environmental Protection Agency
Region 10
1200 6th Avenue
Seattle, WA 98101
(206) 442-1200 or (FF5) 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
conuniuces 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.
U.S. Environmental Protection Agency
Region 7
726 Minnesota Avenue
lC nsks City, KS 66115
(913) 551-7000 or (FTS) 276-7000
12
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