OSHA fixated on ‘ER’ in HAZWOPER citations for FY2023
HAZWOPER stands for Hazardous Waste Operations and Emergency Response. Yet, the lion’s share of the OSHA violations under the HAZWOPER Standard in fiscal year (FY) 2023, went only to one of the four operations covered by the regulation. Almost 97 percent (224 of 232) of the citations under 29 CFR 1910.120 went to paragraph (q), which covers emergency response to hazardous substance releases. That’s according to preliminary data for the FY which ran from October 1, 2022, to September 30, 2023.
HAZWOPER operations
The HAZWOPER regulations apply to four operation types:
Operation | Paragraph(s) |
---|---|
Hazardous waste cleanup operations:
| (b) to (o) |
Permitted or interim status hazardous waste treatment, storage, and disposal (TSD) facilities | (p)(1) to (p)(8) |
Small quantity generators and large quantity generators of hazardous waste | (p)(8) or (q) |
Emergency response operations for releases of, or substantial threats of releases of, hazardous substances | (q) |
Click on our HAZWOPER ezExplanation to learn more about this regulation.
Paragraph (q) citations
As stated earlier, almost all the citations pointed to 1910.120(q) in OSHA preliminary data for FY2023. Drilling paragraph (q) citations down, we see the following breakdown:
Violations | Subparagraph | Description |
---|---|---|
90 | (q)(6) | Training |
39 | (q)(8) | Refresher training |
31 | (q)(1) | Written emergency response plan |
28 | (q)(2) | Elements of written emergency response plan |
22 | (q)(3) | Procedures for handling emergency response |
7 | (q)(9) | Medical surveillance and consultation |
4 | (q)(11) | Post-emergency response operations |
3 | (q)(10) | Chemical protective clothing |
Initial training citations ranked number one for paragraph (q). This was followed by refresher training citations. Note that failure to train first responders at the awareness level took 62 of the 90 initial training citations (or 69 percent). First responders at the awareness level are workers who:
- Are likely to witness or discover a hazardous substance release,
- Have been trained to initiate emergency response by notifying the proper authorities of the release,
- Would take no further action beyond notifying the authorities of the release, and
- Must have sufficient training or have had sufficient experience to objectively demonstrate competency in the training elements at 1910.120(q)(6)(i).
Check out these frequently asked questions about HAZWOPER training:
Paragraphs (b) to (p) citations
Hazardous waste cleanup operations received only four citations in FY2023 — three for violations of subparagraph (b)(1)(i) regarding the written safety and health program and one for a violation of subparagraph (g)(3)(ii) regarding personal protective equipment selection.
Similarly, in FY2023, TSD facilities or hazardous waste generators were cited only four times under 1910.120(p)(8). This related to emergency response training or emergency alarm systems.
Who violated the HAZWOPER Standard?
The preliminary data indicate that the top five industries that violated the standard in FY2023 included:
North American Industry Classification System (NAICS) code | Description |
---|---|
311 | Food manufacturing |
332 | Fabricated metal product manufacturing |
331 | Primary metal manufacturing |
482 | Rail transportation |
811 | Repair and maintenance |
The construction industry has its own HAZWOPER Standard at 29 CFR 1926.65, but, in FY2023, there were no OSHA citations for that regulation, per the data.
Average penalty amounts
The data also show that initial HAZWOPER penalties for FY2023 averaged $3,403 per citation. Seventeen citations were contested by employers. With 221 cases closed, the average penalty dropped to $2,754 per citation. Be aware that many inspections had more than one HAZWOPER citation, so the penalty amount can multiply.
Key to remember: Meeting the HAZWOPER regulations is critical for the safety and health of workers in the operations covered by 1910.120. However, if you have emergency response operations, you should know that almost 97 percent of the citations under the HAZWOPER Standard went to paragraph (q), which covers emergency response.