HAZWOPER (Hazardous Waste Operations and Emergency Response) for construction activities

Scope

OSHA’s standards for general industry and the construction industry on hazardous waste operations and emergency response cover all employees involved in:

• Hazardous waste cleanup operations, including:
  • Clean-up operations of hazardous substances at uncontrolled hazardous waste sites required by Federal, state, local or other governments.
  • Corrective actions involving clean-up procedures at sites covered by the Resource Conservation and Recovery Act (RCRA).
  • Voluntary clean-up operations at sites recognized as uncontrolled hazardous waste sites by Federal, state, local or other governments.
• Operations involving hazardous waste that are conducted at treatment, storage and disposal facilities regulated under EPA 40 CFR 264 and 265 or by agencies under agreement with EPA to implement Resource Conservation and Recovery Act (RCRA) regulations.
• 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.
• Emergency response operations for hazardous substance releases or substantial threats of releases.

Regulatory citations

• 29 CFR 1926.65 — Hazardous waste operations and emergency response

Key definitions

• Clean-up 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.
• Decontamination: The removal of hazardous substances from employees and their equipment to the extent necessary to preclude the occurrence of foreseeable adverse health affects.
• 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.
• Facility: (A) Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, storage container, motor vehicle, rolling stock, or aircraft, or (B) Any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any water-borne vessel.
• Hazardous substance: Any substance designated or listed under paragraphs (A) through (D) of this definition, exposure to which results or may result in adverse affects on the health or safety of employees:
  (A) Any substance defined under section 101(14) ofCERCLA;
  (B) 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;
  (C) Any substance listed by the U.S. Department of Transportation as hazardous materials under 49 CFR 172.101 and appendices; and
  (D) Hazardous waste as herein defined.
• 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 nor is a typical fire brigade a HAZMAT team. A HAZMAT team, however, may be a separate component of a fire brigade or fire department.
• 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 waste operation: Any operation conducted within the scope of this standard.
• Hazardous waste site (or site): Any facility or location within the scope of this standard at which hazardous waste operations take place.
• Health hazard: A chemical or a pathogen where acute or chronic health effects may occur in exposed employees. It also includes stress due to temperature extremes. The term health hazard includes chemicals that are classified in accordance with the Hazard Communication Standard, 29 CFR 1910.1200, as posing one of the following hazardous effects: Acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); aspiration toxicity or simple asphyxiant. (See Appendix A to 1910.1200—Health Hazard Criteria (Mandatory) for the criteria for determining whether a chemical is classified as a health hazard.)
• IDLH or Immediately dangerous to life or health: An atmospheric concentration of any toxic, corrosive or asphyxiant substance that poses an immediate threat to life or would cause irreversible or delayed adverse health effects or would interfere with an individual’s ability to escape from a dangerous atmosphere.
• Post emergency response: That portion of an emergency response performed after the immediate threat of a release has been stabilized or eliminated and clean-up 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 clean-up operation, then the separate group of employees would be considered to be performing post-emergency response and subject to paragraph (q)(11) of this section.
• 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 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 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 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 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 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 1926.65(q)(11).