• Radioactive waste and infectious materials can both fall under the HAZWOPER Standard, depending on the circumstances.

Radioactive waste

The term “hazardous substance” as defined by 29 CFR 1910.120 includes radioactive waste in addition to hazardous waste. It should not be confused with the definition of “hazardous chemical” in 29 CFR 1910.1200, Hazard Communication, which specifically excludes any radioactive chemicals.

The U.S. Nuclear Regulatory Commission (NRC) has jurisdiction “inside the fence” at NRC-licensed nuclear facilities for the risks involved with licensed radioactive materials, including emergency response procedures. The Occupational Safety and Health Administration (OSHA) has jurisdiction “inside the fence” for non-licensed radioactive materials, such as x-ray equipment, accelerators, some electron microscopes, and some naturally occurring radioactive materials (see the memo of understanding between OSHA and the NRC that delineates employee protection responsibilities for each agency at facilities licensed by the NRC, effective October 21, 1988).

There may be both NRC and OSHA jurisdiction when there is an emergency involving mixed wastes (licensed radioactive materials and other hazardous substances) “inside the fence.” HAZWOPER may also be applicable “outside the fence” to emergency response and cleanup activities involving hazardous substances, including licensed radioactive wastes.

Infectious materials

Employers must include infectious materials in their effort to comply with 1910.120(q) if there is a possibility that a release could cause an emergency. Employers with employees engaged in emergency response activities involving infectious materials must comply with the requirements in 1910.120(q) and may also have to comply with the Bloodborne Pathogens Standard, 29 CFR 1910.1030. If there is a conflict or overlap between the standards, the provision that is more protective of employee safety and health applies.