HAZWOPER (Hazardous Waste Operations and Emergency Response)

Scope

HAZWOPER covers three primary categories of work operations, any one or more of which may apply to a single employer:

• Hazardous waste cleanup operations, including:
  • Cleanup operations at uncontrolled hazardous waste disposal sites that have been identified by a governmental health or environmental agency;
  • Any corrective actions taken in hazardous waste cleanup operations conducted under EPA’s Resource Conservation and Recovery Act (RCRA); and/or
  • Voluntary hazardous waste cleanups at government-designated sites.
• Operations involving hazardous waste treatment, storage, and disposal (TSD) facilities regulated under EPA 40 CFR 264 or 265 or by agencies under agreement with EPA to implement RCRA regulations. In addition, HAZWOPER covers small and large quantity hazardous waste generators that qualify for permitting exemptions under 40 CFR 264, 265, and 270, but who are also required by EPA or a state agency to have their employees engage in emergency response or who otherwise direct their employees to engage in emergency response for hazardous waste storage areas. (Note: EPA does not require very small quantity hazardous waste generators to have their employees engage in emergency response.)
• Emergency response operations for releases of, or substantial threats of releases of, “hazardous substances” without regard to the location of the hazard. (Note: Emergency response operations do not apply to “incidental releases” of hazardous substances.)

An employer is exempt from the entire HAZWOPER standard if it can demonstrate that the operation does not involve employee exposure, or a reasonable possibility of such exposure, to hazards.

Regulatory citations

• 29 CFR 1910.120 — Hazardous Waste Operations and Emergency Response

Note: There are many other OSHA standards that can be interrelated to HAZWOPER, such as, but not limited to, Emergency Action Plans, Process Safety Management, Personal Protective Equipment, Respiratory Protection, Permit-required Confined Spaces, Fire Brigades, Toxic and Hazardous Substances, Bloodborne Pathogens, Hazard Communication, and Occupational Exposure to Hazardous Chemicals in Laboratories. Also note that EPA’s Worker Protection Standard at 40 CFR 311 adopts portions of 1910.120 for state and local government employees engaged in hazardous waste operations. Finally, construction follows the HAZWOPER Standard at 29 CFR 1926.65, which is “nearly” identical to 1910.120.

Key definitions

• Cleanup operation: An operation where hazardous substances are removed, contained, incinerated, neutralized, stabilized, cleared-up, or in any other manner processed or handled with the ultimate goal of making the site safer for people or the environment.
• Emergency response or responding to emergencies: A response effort by employees from outside the immediate release area or by other designated responders (i.e., mutual-aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel are not considered to be emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.
• Hazardous substance: Any substance designated or listed below, exposure to which results or may result in adverse affects on the health or safety of employees:
  • Any substance defined under section 103(14) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (42 U.S.C. 9601);
  • Any biological agent and other disease-causing agent which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any person, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction), or physical deformations in such persons or their offspring;
  • Any substance listed by the U.S. Department of Transportation (DOT) as “hazardous materials” under 49 CFR 172.101 and appendices; and
  • Hazardous waste as defined elsewhere in this Key Definitions section.
• Hazardous waste:
  • A waste or combination of wastes as defined in 40 CFR 261.3, or
  • Those substances defined as hazardous wastes in 49 CFR 171.8
• Hazardous materials response (HAZMAT) team: An organized group of employees, designated by the employer, who are expected to perform work to handle and control actual or potential leaks or spills of hazardous substances requiring possible close approach to the substance. The team members perform responses to releases or potential releases of hazardous substances for the purpose of control or stabilization of the incident. A HAZMAT team is not a fire brigade. A HAZMAT team, however, may be a separate component of a fire brigade or fire department.
• Incidental release: Responses to releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel. Incidental releases are not considered to be emergency responses within the scope of the HAZWOPER Standard.
• Post-emergency response: That portion of an emergency response performed after the immediate threat of a release has been stabilized or eliminated and cleanup of the site has begun. If post-emergency response is performed by an employer’s own employees who were part of the initial emergency response, it is considered to be part of the initial response and not post-emergency response. However, if a group of an employer’s own employees, separate from the group providing initial response, performs the cleanup operation, then the separate group of employees would be considered to be performing post-emergency response and subject to 1910.120(q)(11)/1926.65(q)(11).
• Small quantity generator: A generator of hazardous wastes who in any calendar month generates more than 100 kilograms (220 pounds), but no more than 1,000 kilograms (2,205 pounds) of hazardous waste.
• Uncontrolled hazardous waste site: An area identified as an uncontrolled hazardous waste site by a governmental body, whether federal, state, local, or other where an accumulation of hazardous substances creates a threat to the health and safety of individuals or the environment or both. Some sites are found on public lands, such as those created by former municipal, county, or state landfills where illegal or poorly managed waste disposal has taken place. Other sites are found on private property, often belonging to generators or former generators of hazardous substance wastes. Examples of such sites include, but are not limited to, surface impoundments, landfills, dumps, and tank or drum farms. Normal operations at TSD sites are not covered by this definition.

Summary of requirements

The summary below is divided into four parts, based on the four operations listed in the Scope section earlier. A single employer may fall under one or more of the four parts.

Employers covered by the hazardous waste cleanup operations portion (paragraphs (b) to (o) of 1910.120/1926.65) of the HAZWOPER Standard must:

• Develop and implement a written safety and health program that identifies, evaluates, and controls safety and health hazards and provides emergency response procedures for each hazardous waste site.
• Create a site-specific safety and health plan to aid in eliminating or effectively controlling anticipated safety and health hazards.
• Conduct a site characterization and analysis of the hazardous waste site before entering it, in order to identify specific site hazards and determine the appropriate safety and health control procedures needed to protect employees from the identified hazards.
• Develop a training and retraining program for all employees exposed to safety and health hazards during hazardous waste operations. Both supervisors and workers must be trained. The amount of instruction differs with the nature of the work operations.
• Develop a medical surveillance program to assess and monitor the health and fitness of employees working with hazardous substances, including maintaining medical and exposure records.
• Institute feasible engineering controls and work practices to help reduce and maintain employee exposure to or below permissible exposure limits.
• Develop a written personal protective equipment program for all employees involved in hazardous waste operations.
• Conduct monitoring before site entry at uncontrolled hazardous waste sites to identify conditions immediately dangerous to life and health, such as oxygen-deficient atmospheres and areas where toxic substance exposures are above permissible limits.
• Develop and implement an informational program to inform workers (including contractors and subcontractors) performing hazardous waste operations of the level and degree of exposure they are likely to encounter.
• Prior to handling a drum or container, assure that drums or containers meet the required OSHA, EPA (40 CFR 264 to 265), and DOT (49 CFR 171 to 178) regulations and are properly inspected and labeled.
• Develop, communicate to employees, and implement a decontamination program before workers enter a hazardous waste site. As necessary, the site safety and health officer must require and monitor decontamination of the employee and decontamination and disposal of the employee’s clothing and equipment, as well as the solvents used for decontamination, before the employee leaves the work area.
• Develop and implement a written emergency response plan to handle possible emergencies before performing hazardous waste operations. If all employees will be evacuated and the employer will not permit employees to handle the emergency, the employer has the option to develop and implement an emergency action plan instead.
• Provide proper illumination to areas accessible to employees.
• Provide an adequate supply of potable water; toilet, washing, and food facilities; and shower and change rooms for each temporary worksite.
• Develop and implement a new technology program made up of procedures for the introduction of effective new technologies and equipment to improve employee protection.

Employers covered by the hazardous waste TSD facility portion (paragraphs (p)(1) to (p)(8) of 1910.120/1926.65) of the HAZWOPER Standard must:

• Develop and implement a written safety and health program that identifies, evaluates, and controls safety and health hazards in the facility, provides for emergency response, and addresses as appropriate site analysis, engineering controls, maximum exposure limits, hazardous waste handling procedures, and uses of new technologies.
• Implement a hazard communication program meeting the requirements of 1910.1200 as part of the employer’s safety and health program.
• Develop and implement medical surveillance, decontamination, new technology, and material handling programs much the same as those specified for hazardous waste sites. See the discussion about those programs earlier.
• Develop and implement a training and retraining program for employees exposed to health hazards or hazardous substances at TSD operations to enable the employees to perform their assigned duties and functions in a safe and healthful manner so as not to endanger themselves or other employees.
• Develop and implement an emergency response plan to handle possible emergency releases. If all employees will be evacuated and the TSD will not permit employees to handle the emergency, then the TSD has the option to develop and implement an emergency action plan instead.

Employers covered by the portion (paragraph (p)(8) of 1910.120/1926.65) of the HAZWOPER Standard applicable to small and large quantity hazardous waste generators that qualify for permitting exemptions under 40 CFR 264, 265, and 270, but who are also required by EPA or a state agency to have their employees engage in emergency response or who otherwise direct their employees to engage in emergency response for hazardous waste storage areas must:

• Develop and implement an emergency response plan to handle possible emergency releases.
• Include procedures for handling emergency incidents in the emergency response plan.
• Provide training and retraining/recertification for emergency response employees before they are called upon to perform in real emergencies.

Employers covered by the emergency response operations portion (paragraph (q) of 1910.120/1926.65) of the HAZWOPER Standard must:

• Develop and implement a written emergency response plan prior to allowing or permitting an employee response to an emergency release. If all employees will be evacuated and the employer will not permit employees to handle the emergency, the employer has the option to develop and implement an emergency action plan and be exempted from all of 1910.120(q)/1926.65(q).
• Implement an incident command system for responses to an emergency release of hazardous substances.
• Train emergency responders prior to their participation in emergency response operations. Training levels include skilled support, specialist employee, first responder awareness, first responder operations, hazardous materials technician, hazardous materials specialist, and on-scene incident commander levels.
• Provide refresher training to emergency responders at the first responder awareness, first responder operations, hazardous materials technician, hazardous materials specialist, and on-scene incident commander levels.
• Provide a baseline physical examination and medical surveillance to members of organized and designated HAZMAT teams and HAZMAT specialists.
• Provide appropriate protective clothing and equipment to designated HAZMAT team members and HAZMAT specialists.
• Conduct post-emergency response operations in accordance with the provisions at 1910.120(q)(11)/1926.65(q)(11).