• Employers can claim exemption from HAZWOPER if they can demonstrate that their employees won’t be exposed to hazards.

When determining applicability, employers should consider if they have an exemption from the Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard.

The HAZWOPER Standard at 29 CFR 1910.120 and 1926.65 covers several listed operations unless the employer can demonstrate that the operation does not involve “employee exposure or the reasonable possibility for employee exposure to safety or health hazards.” Therefore, it is important to understand how to determine whether an exemption from the standard is met.

Employers must consider all routes of entry (inhalation, ingestion, and skin absorption) without regard to the use of personal protective equipment (PPE) when evaluating employee exposure or the reasonable possibility of employee exposure to safety or health hazards. The exposure or potential exposure must also be associated with a hazardous substance from the listed operations.

Safety hazards from a hazardous substance could include fire, explosion, corrosive action, etc., from flammable, corrosive, or otherwise hazardous substances associated with the site. Health hazards from a hazardous substance could include cancer or organ function impairment from toxic, carcinogenic, or infectious material associated with the site. The term “health hazard” is further defined at 1910.120(a)(3) and 1926.65(a)(3).

Safety hazards from sources not specifically associated with the hazardous substances at the site (e.g., trenching; moving machinery; and slips, trips, and falls) do not by themselves require coverage under HAZWOPER. Employees are considered “exposed” when they encounter any amount of a hazardous substance in the work environment that could cause them harm.