• The HAZWOPER Standard covers hazardous waste cleanup operations; operations involving hazardous wastes at treatment, storage, and disposal facilities; and emergency responses involving release or threatened release of hazardous substances.

The Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard at 29 CFR 1910.120 and 1926.65 covers three primary categories of work operations, any one or more of which may apply to a single employer.

General scope and applicability criteria

According to 1910.120(a)(1) for general industry and 1926.65(a)(1) for construction, the HAZWOPER regulations cover the following operations, unless the employer can demonstrate that the operation does not involve employee exposure or a reasonable possibility of employee exposure to safety or health hazards:

• Hazardous waste cleanup operations;
• Operations involving hazardous wastes that are conducted at treatment, storage, and disposal (TSD) facilities; and
• Emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard.

In addition, 40 CFR 311 says, “The substantive provisions found at 29 CFR 1910.120 ... apply to State and local government employees engaged in hazardous waste operations, as defined in 29 CFR 1910.120(a), in States that do not have a State plan approved under section 18 of the Occupational Safety and Health Act of 1970.” Because the term “hazardous waste operation” means any operation conducted within the scope of 1910.120, state and local government employers must protect their employees who are engaged in any of the bulleted operations above if those employers are not covered by a state-plan state approved by the Occupational Safety and Health Administration (OSHA).