United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication
9285.1-02
July 1991
EPA HEALTH AND SAFETY ROLES
AND RESPONSIBILITIES AT
REMEDIAL SITES
Office of Emergency and Remedial Response
Hazardous Site Control Division OS - 220W
Quick Reference Fact Sheet
Additional fact sheets which address health and safety at Superfund sites have been compiled by the
Environmental Response Team (ERT). The ERT Fact Sheets are listed in the Bibliography on page 6.
INTRODUCTION
The complex inter-relationships between the many
parties involved in remedial activities make it difficult to
administer the health and safety program. To implement an
effective, well coordinated program all participants must be
made aware of the health and safety roles and
responsibilities of all panics involved in site remediation.
The purpose of this fact sheet is to define the major
components of the health and safety program and to
delineate the health and safety roles and responsibilities for
Remedial Project Managers (RPM), lead parties/agencies,
and contractors during the remedial action phase of Super-
fund clean-ups. It addresses the various roles of all parties
in the overall health and safety program for a site, with
emphasis on Occupational Safety and Health Act/Agency
(OSHA) compliance. More detailed health and safety
guidance documents are available through the Environ-
mental Protection Agency's (EPA's) Environmental
Response Team (ERT), Edison, NJ, (908) 321-6740 and
OSHA.
OCCUPATIONAL HEALTH &
SAFETY OVERVIEW
All governmental agencies and private employers are
directly responsible for the health and safety of their
employees. This general rule applies to the many parties
involved in the hazardous waste clean-up at Superfund sites
(i.e. OSHA citations to abate unsafe or unhealthful working
conditions would be written to the party whose employees
are at risk).
OSHA requires that a written (site-specific) occupa-
tional safety and health program, that includes a safety and
health plan, be in place for remedial activities at all Super-
fund sites. EPA, OSHA, and the U.S. Army Corps of
Engineers (USAGE) often use different terminology to
describe written safety and health programs and^plans. EPA
uses the term Health and Safety Plan (HASP), OSHA uses
Safety and Health Program and/or Plan, while USAGE uses
the term Site Safety and Health Plan (SSHP). In this
document the term HASP is used. The objective of the
HASP is to protect workers through the identification,
evaluation, and control of health and safety hazards and to
provide for emergency response contingency planning.
The party responsible for the HASP should be
identified in the work plan. It is usually developed and
implemented by the prime contractor's site coordinator, and
reviewed and accepted by the construction manager for
Fund-Lead projects and by the RPM and oversight official
for enforcement lead projects. The construction manager is
usually USAGE, the U. S. Bureau of Reclamation (USER),
or an Alternative Remedial Contracting Strategy (ARCS)
contractor. Accepted means the HASP has been reviewed
by the construction manager/oversight official and any
deficiencies have been identified and corrected prior to the
start of work. OSHA requires the HASP to be developed
and implemented before work begins at the site.
The HASP shall include a written statement delineat-
ing the responsibilities, authority, and accountability of the
various parties involved in the remedial action. A goal of
the HASP is to facilitate coordination and communication of
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health and safety issues among personnel responsible for
the various activities. The HASP is mandated by OSHA
and/or the construction contract as the legally enforceable
plan for the job site. The prime contractor is usually re-
sponsible for review and approval (after acceptance by the
RPM and construction manager) of subcontractor health
and safety programs. The HASP will be incorporated into
each subcontractor health and safety program.
The EPA must be provided an original and a copy of
all changes to the HASP prior to implementation, as they
may affect public health, the environment, overall cost,
scheduling, or technical quality of a project. It is an RPM's
responsibility to insure that all Federal safety and health re-
quirements are met at a site, however the construction
manager, not the RPM, accepts and enforces changes to the
HASP.
Specific topics/statements in the HASP include:
Training
The HASP shall specify that a training plan comply-
ing with OSHA training requirements outlined in 29 CFR
1910.120 (e) and the Hazard Communication Standard, 29
CFR 1926.59 for construction, will be implemented (it is
usually the prime contractor's responsibility). OSHA
requires both on-site and off-site training for workers at RA
sites. Increased OSHA enforcement of the training require-
ments of these standards is likely at RA sites as exemplified
by recent OSHA enforcement actions. For specific require-
ments, consult the sources of information listed at the end
of this fact sheet.
The requirements for off-site training are a function
of both the potential for exposure and management respon-
sibility. Information pertaining to off-site (initial) training
is available through a number of sources including courses
offered by ERT, USAGE (Huntsville Division) and
through the National Clearinghouse on Occupational and
Environmental Health (funded by a National Institute of
Environmental Health Sciences Grant). Additional sources
of information are listed at the end of this fact sheet.
EPA employees who have not had the 40-hours
training are not permitted to enter areas where occupational
exposures above established limits are likely. The use of
respirators implies that exposures are likely. Exceptions
are strongly discouraged, but can be made on a case-by-
case basis with the approval of the site safety and health
officer if respirators are NOT required, time on site is
limited, and visitors are given a pre-entry site briefing and
accompanied by trained personnel at all times.
On-site construction managers normally are required
to have completed a 40 hour off-site course. For those con-
struction managers who have on-site supervisory responsi-
bilities, an additional 8-hour supervisory training is
required. An 8-hour annual refresher training is required
for all site workers. Training requirements for entry to sites
where occupational exposures above established limits are
likely, or where respirators or other personal protective
equipment are required are described in the ERT Fact
Sheets listed at the end of this publication.
On-site training must be tailored to the conditions of
individual sites. At RA sites, construction managers,
RPMs, and authorized visitors must receive on-site training
prior to entering restricted areas.
Logistics and Resources
The HASP should specify that the party responsible
for health and safety plan implementation (i.e.the prime
contractor) will provide for logistics and resources, such as
qualified health and safety managers to meet plan tasks and
objectives.
The Site-Specific HASP
OSHA, 29 CFR 1910.120 (b), requires that a site
HASP be developed and reviewed by qualified personnel
for each remedial action. Subcontractors can modify the
plan to account for their own work. However, their plan or
modifications shall be formally incorporated into the
general site plan. Only one HASP is applicable to a
particular site. It must be kept on site and shall be made
available for review by employees, emergency response
personnel, or, if applicable, employee representatives.
The plan should not be generic, but should be
based on specific site characterizations, anticipated hazards
and expected work conditions at the site. OSHA requires
the plan address the foUowing elements:
(1) A safety and health risk or hazard analysis for each
site task and operation found in the workplan.
(2) Employee training.
(3) Personal protective equipment for each task or
operation.
(4) Medical surveillance.
(5) Frequency and types of air monitoring, personal
monitoring, environmental sampling techniques,
instrumentation, and methods to be used.
(6) Site control measures.
(7) Decontamination procedures.
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(8) An Emergency Response Plan.
(9) Confined Space entry procedures
(10) A spill containment program.
Emergency Response
Most sites are too small to warrant fully staffed on-
site medical and fire fighting facilities. Where services can
be provided by surrounding communities, EPA may
provide limited training and support to compensate for
OSHA requirements specific to hazardous waste response
training and support on a case-by-case basis. The amount
of training and support that local fire fighting and emer-
gency response personnel will require for OSHA compli-
ance (Paragraph (q) of the Worker Protection Standard if
off-site responders) depends on site-specific conditions and
on Response Tasks (i.e. off-site training duration can vary
between 24 and 40 hours). Examples of the types of
support that may be provided by EPA to local responders
on a case-by-case basis include off and on-site training, no-
cost personal protective equipment and specialized haz-mat
equipment loans, medical surveillance, and reimbursement
of response funds.
As a minimum, the emergency response plan should
be a separate section of the site HASP. The designer (for
design operations involving site entry) and the party
responsible for the remedial action health and safety plan
(usually the prime contractor) have the responsibility to
arrange for emergency response support and written
agreements prior to commencement of operations involving
site entry. This will entail an evaluation of the capabilities
of local fire departments, hospitals, police departments, etc.
to provide coordinated and integrated services to the RD
and RA. Selection of the provider should be based on an
evaluation of current capabilities, required support levels,
response time, jurisdictional authority, and cost to the
Government. This information is often available from
information obtained during pre-design activities. Because
failure to secure agreements can result in remedial project
delays or work stoppage, it is important for the RPM to
address emergency response in pre-design work plans, etc.
and solicit early involvement with community relations
staff in the process.
The site safety officer (or equivalent position) should
make a copy of the HASP (to include the emergency
response plan) available, and provide on-site training for
local fire fighting and emergency response personnel
subject to respond to calls at Superfund RA sites.
Health and Safety Plan Improvements
Feedback or communications from safety meetings,
training and inspections should be openly encouraged so
that the HASP can be adjusted and improved. EPA strongly
endorses an open communication policy in which all health
and safety inquiries receive a prompt, professional re-
sponse. The HASP should outline procedures for response
to health and safety inquiries and for modifications. Con-
sistent with the OSHA worker protection standard, on-
going inspections and/or monitoring will, at times, require
changes to the HASP. Modifications should be drafted by
professional staff (i.e. the prime contractor's industrial
hygienist) and approved by the construction manager.
INSPECTIONS
Health and safety program oversight is an RPM
responsibility, however, the RPM is not required to conduct
health and safety inspections. Inspections for enforcement
purposes are the responsibility of OSHA. If inspections
uncover conditions that may adversely affect public (or
worker) health and/or the environment, the overall cost,
scheduling, or technical quality of the project, then prompt
lead party and RPM notification is necessary. For RA
projects the construction manager or oversight official is re-
sponsible for enforcing the terms of the contract or settle-
ment agreement to include the issuance of stop work orders
in situations where the health and safety provisions of the
contract are violated.
Employee Representatives
A worker representative (if applicable, the Union
health and safety representative) should be given the oppor-
tunity to accompany the inspector during non-OSHA health
and safety inspections or evaluations. For OSHA inspec-
tions, the worker representative has the right to accompany
the inspector. In situations where more than one union
represents workers at the site being inspected, the inspect-
ing official should select a health and safety representative
for each area being inspected. The selection and participa-
tion of the employee health and safety representative during
inspections and evaluations should be addressed in the
HASP.
Imminent Danger
Whenever, and as soon as the RPM (or any other
party) is made aware of a danger which could reasonably be
expected to cause death or serious physical harm, that
person has the responsibility to IMMEDIATELY notify the
affected employees, and parties with the responsibility and
authority to remove the danger. In situations where an
imminent danger exists, both the prime contractor's site
coordinator and the construction manager's on-site repre-
sentative (or equivalent) have the responsibility and
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authority to stop all activities or withdraw employees. The
RPM does NOT shut down or remove personnel from
unsafe operations, but recommends action for decisions by
lead agency officials. If steps are not taken to remove the
danger, OSHA shall be consulted.
Other Unsafe or Unhealthful Working
Conditions
For Federal-lead RA projects, health and safety
inquiries should be channeled through the construction
manager, who has the responsibility to notify the site
coordinator verbally and in writing of the unsafe or
unhealthfuI condition. For other than Federal-lead
projects, the RPM should notify the site coordinator (or
responsible party) verbally and in writing of unsafe or un-
healthful working conditions. IF NOT SATISFIED
WITH THE CORRECTIVE ACTION TAKEN, THE
RPM SHOULD CONSULT WITH THE REGIONAL
SAFETY AND HEALTH OFFICER, THE ENVIRON-
MENTAL RESPONSE TEAM (ERT) ((908) 321-6740)
OR THE HEADQUARTERS HAZARDOUS SITE
CONTROL DIVISION (HSCD) {(703) 308-8393) PRIOR
TO SEEKING INTERVENTION FROM OSHA.
OSHA STANDARDS
OSHA Standards are found in Title 29 of the Code
of Federal regulations (29 CFR). Two parts must be
followed during remediation activities: Part 1910,
General Industry Standards and Part 1926, Construction
Standards. The interpretation as to which parts of Title 29
apply to a particular activity is often complex, EPA Stan-
dard Operating Safety Guides (and US ACE regulations for
USAGE managed projects) supplement OSHA regulations.
If a conflict arises, the more protective standard should be
applied to a particular operation.
Worker Protection
OSHA's Worker Protection Standard for Hazardous
Waste Operations and Emergency Response, 29 CFR
1910.120, will have the most applicability to remediation
activities. Guidance on interpretation of the Standard can
be found in ERT Fact Sheets, Compliance with the
standard should be addressed in the preliminary assess-
ment/site inspection stage, during the remedial investiga-
tion/feasibility study stage, and through the remedial
design and remedial action. The delineation of a site into
work zones where the worker protection standard applies
should be addressed in the remedial design site HASP. In
situations where competent health and safety professionals
lack sufficient information to conclude that occupational
exposure will be well within limits considered acceptable,
a protective interpretation of the standard is recommended
(However, overprotection, as well as underprotection can
be hazardous and should be avoided wherever possible).
Hazard Communication
The OSHA hazard communication standard(s), 29
CFR 1926.59 for construction and 1910.1200 for general
industry, require that all hazardous chemicals on a site be
identified. Every potentially exposed worker must be
given hazard communication training at the time of initial
work assignment and each time a new hazard is intro-
duced into a work area. Material Safety Data Sheets
(MSDS) must be available for all hazardous materials
brought onto the site except hazardous wastes, as defined
by the Resource Conservation and Recovery Act (RCRA),
which are exempt Training centers around information
contained in the MSDS. Similar requirements are con-
tained in the worker protection standard, 29 CFR
1910.120, which requires a worker risk assessment for
hazardous materials found on-site. Problem areas com-
monly encountered include the lack of access to and the
quality of information in Material Safety Data Sheets
(MSDS).
ROLES AND RESPONSIBILITIES
The basic health and safety responsibilities of the
various parties involved in the RD and RA phases of work
atSuperfund sites follow:
Remedial Design
The remedial design contractor is responsible for the
development and implementation of a HASP for all on-
site RD activities; for the development of specifications
for the remedial action site health and safety plan; and for
the description of minimum requirements for health,
safety, and emergency response. The following should be
specified in the final design:
1. An estimate of increased hazards (over back-
ground).
2. The degree of existing hazard based on contami-
nation identified in the site characterization
report, on the Agency for Toxic Substances and
Disease Registry (ATSDR) Health Assessment,
and on the short term effects component of the
feasibility study.
3. Minimal acceptable standards for:
-Worker protection
-The general public
-Monitoring, reporting and interpretation (what
constitutes acceptable concentration)
-Emergency response and evacuation
-Site control; decontamination of personnel and
equipment; clean-up procedures
During the design phase, it is the responsibility of
the designer to establish site boundaries where 29 CFR
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1910.120 applies and to describe criteria utilized in such
determinations. These boundaries should be reviewed and
approved by a qualified health and safety professional
such as a certified industrial hygienist, certified health
physicist, etc.
Remedial Action
OS HA, or its State counterpart, has Occupational
Safety and Health Act enforcement authority at RA sites.
In addition to complying with Federal standards, the prime
contractor must also comply with contractual health and
safety policies and guidelines from EPA. For Alternative
Remedial Contract Strategy (ARCS), the U.S. Army Corps
of Engineers (USAGE), and the U.S. Bureau of Reclama-
tion (BUREC) managed projects, health and safety
enforcement responsibilities under the contract are dele-
gated to the construction manager's resident inspector (or
equivalent position). For State lead projects these respon-
sibilities are delegated to the State's on-site official; and
for Potentially Responsible Party (PRP) projects, health
and safety enforcement is the responsibility of EPA's
oversight official. The resident inspector must be
certified to be on site (i.e. have a medical examination,
training, experience, etc.), conduct health and safety
inspections and evaluations of contractor compliance with
the health and safety contract provisions, and possess a
complete understanding of the contract.
Implementation of the health and safety program is
the responsibility of the prime contractor. The State's on-
site official or the PRP oversight official is responsible for
health and safety during the implementation of the operation
and maintenance phase.
HEALTH & SAFETY PROGRAM
OVERSIGHT
RPM Responsibilities
As the EPA's prime contact or representative for a
site, it is important for the RPM to be a strong health and
safety advocate. The RPM has the responsibility to coordi-
nate, direct, and review the work of EPA contractors
responsible parties and other agencies to assure compliance
with the National Contingency Plan. As such the RPM
oversees compliance with occupational health and safety
programs. The RPM normally does not have direct line
authority over the RA prime contractor but recommends
action through the lead agency or PRPs. The RPM will be
informed of situations where health and safety issues impact
overall project cost, scheduling, technical quality or public
health/environmental protection. However, the RPM's
primary responsibility is oversight, not action. Items
requiring action should be referred to the appropriate indi-
viduals or agencies (Prime contractor, USAGE, BUREC,
ARCS, Responsible Party, the State, or OSHA).
SOURCES OF INFORMATION
For questions about OSHA regulations or EPA/
OSHA relationships, how to contact Regional or Federal
OSHA representatives, and/or HASP computer software
package, contact:
Rod Turpin
USEPA Environmental Response Team
2890 Woodbridge Avenue
Building 18 (MS-101)
Edison, NJ 08837-3679
(908) 321-6740 orFTS 340-6740
For OSHA publications contact:
U.S. Department of Labor - OSHA
Publications Office, Room N3101
200 Constitution Avenue N.W.
Washington, D.C. 20210
(202) 523-9667
For questions pertaining to health and safety during
remedial design/remedial action, contact:
Joe Cocalis
USEPA Hazardous Site Control Division
Design and Construction Management Branch
MailstopOS-220W
401 M. Street SW
Washington, D.C. 20460
(703) 308-8356 or FTS 398-8356
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SOURCES OF INFORMATION
(continued)
For information pertaining to health and safety training contact ERT or the National Institute for Environmental
Health Sciences Training Grant Clearinghouse:
USEPAERT
26 West Martin Luther King
Cincinnati, OH 45268
(513)569-7537
or
National Clearinghouse on Occupational & Environmental Health
c/o Workplace Health Fund
815 16th Street, N.W. Suite 301
Washington, D.C. 20006
(202) 842-7833
BIBLIOGRAPHY
29 CFR 1910, OSHA General Industry Standards
(1) 1910.120 Hazardous Waste Operations and Emergency Response
(2) 1910.134 Respiratory Protection
(3) 1910.1200 Hazard Communication
29 CFR 1926, OSHA Construction Industry Standards
OSWER Directive 9285-01, Health and Safety Plan (HASP), June 1989.
ERT Fact Sheets
A. Hazardous Waste Operations and Emergency Response: General Information and Compari-
son (#9285.2 - 09fs)
B. Establishing Work Zones at Uncontrolled Hazardous Waste Sites (#9285.2 - 06fs)
C. Hazardous Waste Operations and Emergency Response: Uncontrolled Hazardous Waste Sites
and RCRA Corrective Action (#9285.2 - 08fs)
D. Hazardous Waste Operations and Emergency Response: RCRA TSD and Emergency
Response Without Regard to Location (#9285.2 - 07fs)
E. Hazardous Waste Operations and Emergency Response: Available Guidance (#9285.2- lOfs)
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