department of labor occupational safety and health ... · summary: the occupational safety and...

29620 Federal Register / Vol. 52, No. 153 / Monday, August 10, 1987 / Proposed Rules

DEPARTMENT OF LABOR

Occupational Safety and HealthAdministration

29 CFR Part 1910

[Docket No. S-760A]

Hazardous Waste Operations andEmergency Response

AGENCY: Occupational Safety andHealth Administration; Labor.

ACTION: Notice of proposedrulemaking and public hearings.

SUMMARY: The Occupational Safetyand Health Administration (OSHA) isproposing to amend the OSHA standardsfor hazardous waste operations andemergency response in 29 CFR 1910.120.OSHA proposes a permanent finalstandard to replace the interim final ruleas required by Congress in the SuperfundAmendments and Reauthorization Act of1986 (SARA) (Pub. L. 99-499). Theinterim final rule was published in theFederal Register on December 19, 1986(51 FR 45654).

Employees involved in operationscovered by the ComprehensiveEnvironmental Response, Compensationand Liability Act of 1980 as amended(CERCLA or "Superfund" Act)(42 U.S.C. 9601 et seq.), in certainhazardous waste operations conductedunder the Resource Conservation andRecovery Act of 1976 as amended(RCRA) (42 U.S.C. 6901 et seq.), and inany emergency response to incidentsinvolving hazardous substances would becovered by this proposed rule.

The issuance of this proposed rule ismandated by section 126(b) of SARA.The proposed rule will regulate employeesafety and health at hazardous wasteoperations and during emergencyresponse to hazardous substanceincidents.

Informal public hearings on the subjectof this rulemaking are scheduled to affordinterested parties with the opportunity tocomment on OSHA's proposals.

DATES: 1. Comments and informationon this proposal must be received on orbefore October 5, 1987.

2. The informal public hearings willbegin at 9:30 A.M. daily and arescheduled as follows:

October 13-16 and 20-23, 1987;Washington, DC

October 27-30, 1987; San Francisco, CA

3. Notices of intention to appear at theinformal public hearings must be postmarkedSeptember 21, 1987.

4. Written comments, testimony, andall evidence which will be offered intothe informal public hearing record mustbe postmarked by October 5,1987.Because of the limited time frameallowed OSHA for development of thefinal rule as a result of the statutoryguidance given in SARA, OSHA does notexpect to grant requests for extensions oftime for submitting comments in responseto this notice.

ADDRESSES: 1. Comments andinformation on the proposal should besent in quadruplicate to the DocketOffice, Docket No. S-760A, OccupationalSafety and Health Administration,Room N-3670, U.S. Department ofLabor, 200 Constitution Avenue NW.,Washington, DC 20210. Comments andinformation received, notices of intentionto appear, testimony and evidence mayalso be inspected and copied in theDocket Office.

2. The informal public hearings will beheld at the following locations:

a. Washington, DC—Frances PerkinsDepartment of Labor BuildingAuditorium, 200 Constitution AvenueNW., Washington, DC 20210,

b. San Francisco, CA—RamadaRenaissance Hotel, 55 Cyril Magnin St.(Market at 5th Street), San Francisco, CA94102, 415-392-8000.

3. Notices of intention to appear andtestimony and documentary evidencewhich will be introduced into theinformal public hearing record must besent in quadruplicate to Mr. Thomas Hall,U.S. Department of Labor, OccupationalSafety and Health Administration,Division of Consumer Affairs,Room N-3649, 200 Constitution AvenueNW., Washington, DC 20210.

FOR FURTHER INFORMATIONCONTACT: Proposed Rule: Mr. JamesF. Foster, U.S. Department of Labor,Occupational Safety and HealthAdministration, Division of ConsumerAffairs, Room N3647, 200 ConstitutionAvenue, NW., Washington, DC 20210,202-523-8151.

Public Hearing: Mr. Thomas Hall,U.S. Department of Labor, OccupationalSafety and Health Administration,Division of Consumer Affairs, RoomN-3647, 200 Constitution Avenue, NW.,Washington, DC 20210, 202-523-8615.

SUPPLEMENTARYINFORMATION:

I. Background

The U.S. Environmental ProtectionAgency estimates that approximately57 million metric tons of hazardous wasteare produced each year in the UnitedStates.1 These wastes must be treated andstored or disposed in a manner thatprotects the environment from theadverse affects of the various constituentsof those wastes.

In response to the need to protect theenvironment from the improper disposalof these hazardous wastes, Congress, overthe years, has enacted several pieces oflegislation intended to control the nation'shazardous waste problem. Federal lawspassed in 19652 and 19703 initiallyaddressed solid waste disposal. Severalother pieces of legislation have beenenacted by Congress that have ultimatelyled to the development of this proposedrule and they are discussed below.

A. The Resource Conservation andRecovery Act of 1976

The first comprehensive, federal effortto deal with the solid waste problem ingeneral, and hazardous waste specifically,came with the passage of the ResourceConservation and Recovery Act of 1976(RCRA). 4 The act provides for thedevelopment of federal and stateprograms for otherwise unregulated landdisposal of waste materials and for thedevelopment of resource recoveryprograms. It regulates anyone engaged inthe creation, transportation, treatment,and disposal of "hazardous wastes." Italso regulates facilities for the disposal ofall solid wastes and prohibits the use ofopen dumps for solid wastes in favor ofrequiring sanitary landfills.

There are however many hazardouswaste disposal sites that were createdprior to the passage of RCRA. These sitesare often abandoned and containunknown quantities of unknown wastes.

B. The Comprehensive, EnvironmentalResponse, Compensation and LiabilityAct of 1980

In response to the need to clean-up andproperly reclaim these pre-RCRA sitesCongress enacted the Comprehensive,

1 U.S. Environmental Protection Agency,Everybody’s Problem Hazardous Waste at 1(1980).2 Solid Waste Disposal Act. Pub. L, No. 89-272, 79 Stat 99.3 Resource Recovery Act. Pub. L, No. 91-512,84 Stat 1427 and Pub. L, 93-14, 87 Stat II.4 42 U.S.C. 6901 et seq.

Federal Register / Vol. 52. No. 153 / Monday, August 10, 1987 / Proposed Rule 29621

Environmental Response, Compensationand liability Act of 1980 (CERCLA)5

commonly known as "Superfund."Superfund established two related fundsto be used for the immediate removal ofhazardous substances released into theenvironment. Superfund is intended toestablish a mechanism of response for theimmediate clean-up of hazardous wastecontamination from accidental spills andfrom chronic environmental damage suchas is associated with abandonedhazardous waste disposal sites.

The treatment and disposal ofhazardous wastes under RCRA andCERCLA creates a significant risk to thesafety and health of employees who workin treatment and disposal operations.Exposure to hazardous wastes throughskin contact, skin absorption andinhalation pose the most significant risksto employees. Employee exposure tothese risks occurs when employeesrespond to hazardous waste emergencies,when they work with hazardous wastesduring storage, treatment and disposaloperations or when they participate in theclean-up of abandoned-waste sites.

This risk of exposure and the need forprotecting employees exposed tohazardous wastes is addressed in the"Superfund Amendments andReauthorization Act of 1986" (SARA).

C. Superfund Amendments andReauthorization Act of 1986

On October 17,1986, the Presidentsigned into law the "SuperfundAmendments and Reauthorization Act of1986" (SARA).6 As part of SARA, in§ 126 of Title I, Congress addressed therisk of injury to employees by providingthat the Secretary of Labor ("Secretary")issue interim final worker protectionregulations within 60 days after the dateof enactment of SARA that wouldprovide no less protection for workersengaged in hazardous waste operationsthan the protections contained in the U.S.Environmental Protection Agency's(EPA) "Health and Safety Requirementsfor Employees Engaged in FieldActivities" manual (EPA Order 1440.2)dated 1981, and the existing OSHAstandards under Subpart C of 29 CFRPart 1926. OSHA published those interimfinal regulations in the Federal Registeron December 19, 1986 (51 FR 45654). Acorrection notice was published onMay 4, 1987 (52 FR 16241). With theexception of a few provisions that haddelayed start-up dates, OSHA's interimfinal regulations became effective on

5 42 U.S.C. 9601 et seq.6 Pub. L, 99-499.

December 19, 1986 in accordance withsection 126(e), and apply to all regulatedworkplaces until the final rule developedunder sections 126(a)-(d) and proposedtoday becomes effective.

Section 126(a) of SARA provides thatthe Secretary shall ". . . pursuant tosection 6 of the Occupational Safety andHealth Act of 1970, promulgate standardsfor the health and safety of employeesengaged in hazardous waste operations."These standards must be promulgatedwithin one year after the date ofenactment of SARA. This notice initiatesthe development of those standards byissuing proposed regulations as indicatedin section 126(b) of SARA. SARAfurther provides in section 126(b), thatthe proposed regulations address, as aminimum, certain worker protectionprovisions. These are: site analysis,training, medical surveillance, personalprotective equipment, engineeringcontrols, maximum exposure limits,informational programs, materialshandling, new technology programs,decontamination procedures, andemergency response. While some of theseworker protection provisions wereaddressed in the interim final rule, thisproposed rule will address, as aminimum, all provisions under section126(b) of SARA.

Pursuant to section 126(c) of SARA,the final regulations promulgated undersection 126(a) are to take effect one yearafter the date they are promulgated.Section 126(c) also provides that the finalregulations are to include each of theworker protection provisions listed insection 126(b) unless the Secretarydetermines that the evidence in the publicrecord developed during this rulemakingand considered as a whole does notsupport inclusion of any such provision.

This proposed rule has been adaptedfrom the language of the Interim finalrule. Changes have been made to addressmore fully the provisions which Congresshad directed the Agency to cover in theproposal. OSHA utilized the languagefrom the EPA manual entitled "Healthand Safety Requirements for EmployeesEngaged in Field Activities" (1981) andthe language of OSHA's safety and healthstandards in Subpart C of 29 CFRPart 1926 to develop the interim finalrule, and much of that same language isalso used in this proposal. The interimfinal rule also contains language takenfrom various documents issued eitherjointly or by the EPA, OSHA, the U.S.Coast Guard, and the National Institutefor Occupational Safety and Health(NIOSH), and that language has also beenused in preparing this proposed rule.

OSHA has specifically used the jointOSHA/EPA/USCG/NIOSH manualentitled, "Occupational Safety and HealthGuidance Manual for Hazardous WasteSite Activities" (Preamble Reference 6),as an outline in preparing the interim ruleand this proposal. This manual wasdeveloped as a result of the collaborativeefforts of professionals representing thefour agencies. These professionals, whoare knowledgeable in hazardous wasteoperations, worked with over 100 expertsand organizations in the development ofthe criteria contained in this manual. Themanual was published in October 1985and is public information. The manual isa guidance document for managersresponsible for occupational safety andhealth programs at inactive hazardouswaste sites. The manual is intended foruse by government officials at all levelsand contractors involved in hazardouswaste operations. The manual providesgeneral guidance and is intended to beused as a preliminary basis fordeveloping a specific health and safetyprogram for hazardous waste operations.Further, the major subject areas listed insection 126(b) of SARA are nearlyidentical to the major chapters in themanual. The language of the proposedrule also clarifies some confusion in theinterim rule that OSHA has identifiedsince the promulgation of the interimfinal rule.

II. Summary and Explanation of theStandard

Paragraph (a)—Scope, application, anddefinitions

In paragraph (a)(1), Scope, OSHAproposes to use the scope of the interimfinal rule for Hazardous WasteOperations and Emergency Response aspublished in the Federal Register onDecember 19, 1986 (51 FR 45654) withsome modification. The scope of theinterim rule included the following:

(i) Hazardous substance responseoperations under the ComprehensiveEnvironmental Response, Compensation,and Liability Act of 1980 as amended(CERCLA), including initialinvestigations at CERCLA sites beforethe presence or absence of hazardoussubstances has teen ascertained;

(ii) Major corrective actions taken inclean-up operations under the ResourceConservation and Recovery Act of 1976as amended (RCRA);

(iii) Operations involving hazardouswaste storage, disposal and treatmentfacilities regulated under 40 CFR Parts264 and 265 pursuant to RCRA, exceptfor small quantity generators and thoseemployers with less than 90 days


accumulation of hazardous wastes asdefined in 40 CFR 262.34;

(iv) Hazardous waste operations sitesthat have been designated for clean-up bystate or local governmental authorities;and

(v) Emergency response operations forreleases or substantial threats of releasesof hazardous substances, andpost-emergency response operations tosuch releases at all workplaces includingthose rot defined in paragraphs (a)(1)(i)through (a)(1)(iv).

OSHA is proposing to modifyparagraph (a)(1) of the interim rule bymoving the exception in paragraph(a)(1)(iii) to paragraph (a)(2)(iii) and byeditorially revising the structure and textof the language of the interim rulewithout changing the scope in theproposal. The modifications to the textare to organize the various subparagraphson scope into proper groups of coverage.

To further clarify scope, non-emergency response coverage has beenleft in paragraph (a)(1) and emergencyresponse coverage has been given its ownparagraph in (a)(2). The scope foremergency response has been clarified aswell. The change makes clear that it isemployers whose employees have a"reasonable possibility" of engaging inemergency response operations arecovered. Employers whose employeeswould not have such a reasonablepossibility are not covered.

Who is Covered?

The scope of this rulemaking has beena major issue during the development andpromulgation of the interim final rule andthis proposal. OSHA is requestingspecific comment on whether ourinterpretation of scope is too broad or toonarrow.

The proposed standard would cover thesame three basic areas covered by theinterim final rule.

I. CERCLA Facilities

For the purposes of this proposal,CERCLA sites include hazardoussubstance response operations at sitesregulated under 40 CFR 300, Subpart F,RCRA closure activities conducted under40 CFR 265, Subpart G, those sitessimilar to CERCLA sites that have beendesignated for clean-up by State or localgovernments.

II. RCRA Facilities

OSHA would also continue to regulateRCRA treatment, storage and disposal(T/S/D) facilities. T/S/D facilities rangefrom the typical generator with a

hazardous waste storage area to the large,complex hazardous waste dump. EPAestimates that approximately 80 percentof all generators also treat, store, ordispose of their hazardous wastes andthereby qualify as a T/S/D facility. Over30,000 T/S/D facilities notified EPA in1980 that they would qualify forregulation under section 3004 of RCRA.

The term “T/S/D” is commonly used torefer to the three different hazardouswaste management activities that areregulated under RCRA section 3004, andwhich thus require a permit under RCRAsection 3005. For the purposes of thisrule treatment, storage, and disposalfacilities are defined as follows:

A “treatment facility” involves anyplace of employment where any method,technique, or process, includingneutralization, designed to change thephysical, chemical, or biologicalcharacter or composition of anyhazardous waste so as to recover energyor material resources from the waste, orso as to render such waste non-hazardous,or less hazardous; safer to transport, storeor dispose of; or amenable for recovery,amenable for storage, or reduce involume. 7

The term “storage facility” refers to anyplace of employment used to holdhazardous waste for a temporary period,at the end of which the hazardous wasteis treated, disposed of, or storedelsewhere. 8

The term “disposal facility” refers toany place of employment used for thedischarge, deposit, injection, dumping,spilling, leaking, or placing of any solidwaste or hazardous waste into or on anyland or water so that such solid waste orhazardous waste or any constituentthereof may enter the environment or beemitted into the air or discharged into anywater, including ground waters. 9

The following T/S/D facilities wouldnot be covered by this rulemaking:

1. Facilities that dispose of hazardouswaste by means of ocean disposalpursuant to a permit issued under theMarine Protection, Research, andSanctuaries Act.

2. The disposal of hazardous waste byunderground injection pursuant to apermit issued under the Safe DrinkingWater Act underground injection controlprogram.

7 40 CFR 260.10(a).8 Id.9 Id.

3. A publicly owned treatment work(POTW) which treats or stores hazardouswastes which are delivered to the POTWby a transport vehicle or vessel or througha pipe.

4. T/S/D facilities which operate undera state hazardous waste programauthorized pursuant to RCRAsection 3006.

5. Facilities authorized by a state tomanage industrial or municipal solidwaste, if the only hazardous wastehandled by such a facility is otherwiseexcluded from regulation pursuant to thespecial requirements for small generators(See 40 CFR 261.5).

6. A facility which treats or storeshazardous wastes that are subject to thespecial requirement for hazardous wasteswhich are used, reused, recycled orreclaimed. Note, however, that asprovided by 40 CFR 261.6(b), a facilitymust obtain a permit as a storage facilityif it stores "listed" hazardous wastes,mixtures including a “listed” hazardouswaste, or sludges, prior to use, reuse,recycling, or reclaimation.

7. The accumulation of hazardouswaste by generators for 90 days or less.

8. Farmers who dispose of wastepesticides from their own use incompliance with 40 CFR 262.51.

9. Owners or operators of a “totallyenclosed treatment facility.” A totallyenclosed treatment facility is one wherethe treatment of hazardous waste which isdirectly connected to an industrialproduction process which is conductedand operated in a manner which preventsthe release of any hazardous waste or anyconstituent thereof into the environmentduring treatment. An example is a pipe inwhich waste acid is neutralized.

10. Owners and operators of elementaryneutralization units and waste-watertreatment units.

11. Persons taking immediate action totreat and contain spills. Note that afterimmediate response activities arecompleted, any hazardous waste spillresidue or debris is subject to fullregulation.

12. Transporters storing manifestedwastes in approved containers at atransfer facility for 10 days or less.

13. The acts of adding absorbentmaterial to hazardous waste in a containerand adding hazardous waste to absorbentmaterial in a container, if the materials


are added when wastes are first placed inthe container. 10

III. Emergency Response

This proposal would also continue tocover emergency response to releases ofhazardous substances at all sites includingnon-CERCLA and non-RCRA sites.

OSHA believes that Congress intendedthe proposed rule to have such coverage.This is indicated by the language ofSARA as well as the legislative history.

The language of section 126(a)mandates safety and health standards forthe protection of employees engaged “inhazardous waste operations.” The term“hazardous waste operation” is notlimited in the legislation and a responseto spills of hazardous substance on thehighway or from a railway tank car inorder to control and contain thehazardous substance (which has become awaste once it is not contained) is in thecommon sense meaning a hazardouswaste operation.

This interpretation is reinforced by thefact that SARA is a free-standingstatutory provision and not an amendmentto CERCLA. The clear Congressionalintent then is to provide protection toemployees whenever they deal withhazardous wastes.

In addition section 126(d)(4) discussingtraining for emergency responsepersonnel utilizes the very broad term“hazardous emergency situation.”Section 126 (g)(1) indicates that traininggrants may be given independently foremergency response training separatefrom hazardous waste removal training.Section 126(b)(11) also indicatesemergency response is an independentconcept separate from hazardous wasteremoval operations. For those and otherreasons OSHA believes section 126 isintended to cover emergency response tohazardous substances whether on aCERCLA or RCRA site or elsewhere.However, the clarified language in thescope sections makes it clear the onlyemployers whose employees have thereasonable possibility of engaging inemergency response are covered.

Emergency response employees whorespond or will respond to incidentsinvolving hazardous substances arecovered by this proposed rule to theextent that they are exposed to hazardoussubstances. State and local governmentemployees in states that have agreementswith OSHA under section 18 of the OSHAct must be regulated by state regulations

10 40 CFR 265.1(c). 264.1(c), as amended,47 FR 8306 (February 25, 1982).

at least as effective as these to protectpublic employees. Those state regulationsmust be issued within six months of thedate of promulgation of any final ruleresulting from this rulemaking.

Municipal or other sanitary landfillsthat handle domestic wastes would notnormally be regulated by this proposedrulemaking. Similarly, waste paper orscrap metal operations would notnormally be regulated because of the typeof wastes they handle. However, bothtypes of operations could be regulated ifthey have clean-ups for or handlehazardous wastes meeting the scopeprovisions of the standard.

Also, employees at hazardous wastesites who will not be exposed to, or donot have the potential to be exposed to,hazardous substances are not covered bythis proposal. The provisions of theseregulations are designed to protectemployees who have exposures, andwould not be needed for those employeeswho do not.

Operations with no exposure tohazardous substances, i.e., road buildingfor site access, construction of or thesetting up of temporary facilities in theclean zone, or the closure of a RCRA siteinvolving the building of a clay cap overhazard wastes, are considered to beconstruction activities covered by thestandards in 29 CFR Part 1926.

The scope and application provisionscarry out the intent of Congress and areconsistent with good occupational safetyand health policy. Employees performingclean-up operations under CERCLA,RCRA (corrective actions) and state orlocal government designated sites—generally those employees likely to havethe highest exposures to hazardoussubstances over a longer period—wouldbe covered by virtually all the provisionsof this proposal. Employees exposed tohazardous wastes in routine RCRAhazardous waste operations, who areregularly exposed to hazardous wastesbut in a more controlled environment,would be covered by the more limitedrequirements of paragraphs (l) and (o) ofthis proposal. Emergency responseworkers, exposed usually for shortperiods to often unknown but possiblyhigh levels of hazardous substances,would have the specific provisions ofparagraph (l) directed towards thissituation.

How Are They Covered?

In paragraph (a)(3), Application,OSHA proposes to designate the specificrequirements of the proposal which applyor do not apply to the work activitiescovered by the proposed rule. In

paragraph (a)(3)(i) the employer wouldhave to comply with the standards in29 CFR Parts 1910 and 1926, as well aswith the requirements specificallycovered in this proposed rule. If there is aconflict or overlap, the more protectiveprovisions would apply. Since thisproposed rule does not cover all of thehazards present at hazardous wasteoperations, other OSHA standards inParts 1910 and 1926 would apply. OtherOSHA standards regulate many otherhazards, and OSHA wants to make clearthat the other standards continue to apply.Also, hazardous waste operators who arenot within the proposed scope of thisstandard would continue to be regulatedby the Parts 1910 and 1926 standards.

In paragraph (a)(3)(ii) OSHA proposesthat all paragraphs of this section exceptparagraph (o) would apply to hazardouswastes operations at CERCLA sites, atmajor corrective action at RCRA sites,and at sites designated for clean-up bystate and local governments. This part ofthe proposal has been taken directly fromthe interim final rule.

In paragraph (a)(3)(iii), OSHAproposes that the requirements set forth inparagraph (o) of this section wouldspecifically apply only to the hazardouswaste operations at RCRA sites which areinvolved in treatment, storage, disposal,and handling of hazardous waste. Theproposed limited exclusion of smallquantity generators and less than 90-dayaccumulators would exclude from theseregulations certain operations, such as drycleaners and gas stations, which comewithin the purview of RCRA, but are nothazardous waste operators in the normalmeaning of the term. The exclusionwould depend upon the employer'sdecision to provide or not provideemergency response by employees toreleases of, or substantial threats ofreleases of, hazardous substance.

OSHA proposes to exempt totallysmall quantity generators and less than90-day accumulators from the rule if theydo not provide emergency response bytheir employees to releases of, orsubstantial threats of releases of,hazardous substances. OSHA furtherproposes to exempt small quantitygenerators and less than 90-dayaccumulators from all parts of the ruleexcept paragraph (l) when they doprovide emergency response by theiremployees to releases of, or substantialthreats of releases of, hazardoussubstances.

OSHA recognizes that many smallquantity generators and less than 90-dayaccumulators consist of smallerbusinesses with limited employee


populations (less than 10 employees).Since most of these establishments relyon the emergency response services oflocal fire and rescue departments, OSHAis providing relief from these proposedstandards when the employer can showthat employees will not be exposed tohazardous substances as a result ofproviding employee emergency response.In cases where such establishments doprovide employee emergency response,and thereby expose employees tohazardous substances. OSHA isproposing that such employers meet theemergency response requirements ofparagraph (l) of this proposed rule.

Without these exemptions, theseproposed regulations could be interpretedto cover gas stations, dry cleaners, andother small businesses which temporarilystore small quantities of a hazardouswaste. These businesses are not engagedin hazardous waste operations as thatterm is conceived of normally. Inaddition, it is not believed that Congressintended such businesses to be covered.They do not present the relatively highexposure to a number of hazardous healthrisks to employees that hazardous wastesites typically do.

The approximately 4,000 RCRA siteswhere reasonably large quantities ofhazardous wastes are regularly handled,treated and stored would be covered bythe proposed rule. This reflects thelegislative intent, meets the normalmeaning of hazardous waste operationsand covers the type of safety and healthhazards that this regulation is designed tocontrol. This limited exclusion reflects anexemption previously contained inparagraph (a)(1)(iii) of the interim finalrule.

In paragraph (a)(3)(iv) OSHA proposesthat the requirements set forth inparagraph (l) of this section wouldspecifically apply to the work conductedby emergency response personnel whenthey respond to hazardous substanceemergency incidents. Emergencyresponse personnel include non-employees (i.e., firefighters, EMSpersonnel, and police) as well asemployees.

OSHA requests comment on itsapproach to coverage and itsdetermination of which provisions applyto various types of operations. It alsorequests comment on whether otheroperations should be and are intended tobe covered by Congress, and whetherspecific operations should be excludedbecause of low exposures.

In paragraph (a)(4), Definitions, OSHAproposes to define various terms used in

this rulemaking. The definitions forhazardous substances and hazardouswastes have been taken from the U.S.Environmental Protection Agency (EPA)and U.S. Department of Transportation(DOT) regulations and include those usedin the interim rule. OSHA is proposing tomodify some of the definitions used inthe interim rule where some confusionoccurred over the meaning of some of thedefinitions used in the interim rule. Forexample, the definition for “emergencyresponse” has been modified to indicatemore clearly the type of response thatOSHA will be regulating. The definitionused in the interim rule implied to manyreaders of that rule that any response toincidental spills would be consideredemergency response. The agency did notintend to regulate employee response toincidental spills that could be cleaned-upor stabilized by the employees in theimmediate spill area without the need of acoordinated spill-control response fromthroughout the workplace. Further, theagency did not want to cover releases ofhazardous substances that did not exposeemployees to exposures of hazardoussubstances above the establishedpermissible exposure limits of this rule.

The term “established exposure levels”is defined to indicate the levels which, ifexceeded for 30 or more days per year,trigger medical surveillance of theexposed employees. The term includesnot only OSHA established PELs, butalso exposure limits suggested by NIOSHand ACGIH. OSHA feels that it isappropriate to go beyond the OSHAestablished PELs in triggering medicalsurveillance because of the broadly-worded language in section 126(b)(3),which requires medical surveillance forworkers engaged in hazardous wasteoperations “which would expose them totoxic substances.”

The term “permissible exposure limits”is defined as the inhalation or dermalpermissible exposure limit specified in29 CFR Part 1910, Subpart Z. Theselimits indicate the exposure levels to beachieved by the hierarchy of controlslisted in paragraph (g)(1)(i). Employersmust set appropriate exposure levels todetermine PPE use for substances listedby ACGIH and NIOSH taking intoaccount the levels recommended by thoseorganizations.

The definition in the proposal has beenchanged from the interim rule. Limits notset by OSHA, NIOSH, and ACGIH havebeen excluded. They would not begenerally known and would not have thesanction of an official organization.

OSHA is also incorporating adefinition for “qualified individual,” a

person who has qualifications by trainingand experience for the task(s) for whichthe individual is responsible. Thatdefinition is rather general, but a detailedrequirement for each task would lead to alengthy and inflexible regulation.

The use of other agency definitions hasbeen proposed to assure consistency andcompatibility between this proposed ruleand the rules and regulations of the EPAand DOT. The remaining definitions havebeen taken for the most part from SARA,the four agency manual (Reference 6), orexisting OSHA standards.

OSHA requests comment on whetherits definitions of hazardous waste, healthhazard, and hazardous substance areconsistent with EPA and DOT practice.OSHA requests comment on whether theterm “established permissible exposurelimit” achieves its goals.

Paragraph (b)— General Requirements

In paragraph (b)(1)(i) OSHA isproposing to require employers todevelop and implement a safety andhealth program for employees involved inhazardous waste operations. Theproposed rule makes it clear that theprogram is to be in writing. That wasimplicit in the interim rule. The programneeds to be in writing so that employersand employees know clearly what to doto handle hazardous substances. If it werenot in writing uncertainty could lead toinjury and overexposures.

Such programs are part of therequirements mandated insection 126(b)(7) of SARA. Subpart C of29 CFR Part 1926 requires such aprogram in § 1926.20(b), and EPAOrder 1440.2, on page 5, further requirestraining in “safety plan development.”OSHA's experience also establishes that asafety and health program is necessary toprotect employees so that hazards areassessed and control programs aresystematically laid out. OSHAsection 6(b) health standards require acompliance plan to set forth a healthprogram to protect employees fromregulated hazards.

The proposed employer's safety andhealth program would have to provide foran organizational structure, acomprehensive workplan, and a site-specific safety and health plan asproposed in paragraph (b)(1)(ii) through(b)(1)(iv). The site-specific safety andhealth plan would have to address theanticipated safety and health hazards ofeach work operation or activity, and themeans to eliminate the hazards or toeffectively control them to prevent injuryor illness.


The site-specific safety and health planis necessary to help protect employeesafety and health. There are many hazardsat a hazardous waste operation whichneed to be determined and addressedprior to the exposure of employees. Theproposed plan provides that this will bedone in a systematic manner so thathazards will not be missed, and so thatneeded protective action will not beoverlooked. The approach used has beenadapted from reference 6.

The general requirements found inparagraph (b)(2) through (b)(13) of theinterim final rule would be eliminated bythis proposal. Those paragraphs of theinterim final rule merely directed thereader to the appropriate paragraphs ofthe interim final rule for the specificregulations on a topic. The paragraphs ofthe interim final rule served only as anindex for the interim final rule, andOSHA does not believe such an index isnecessary for this proposal. The dutyrequirement for compliance with specificrequirements is implicit in the paragraphsaddressing a specific hazard.

Paragraph (b)(2) would require thatsite excavations be shored or sloped asappropriate and the employers complywith Subpart P of 29 CFR Part 1926 forsite excavations created during initial sitepreparation or during hazardous wasteoperations. The language of (b)(2) is thesame as paragraph (b)(14) of the interimrule. OSHA considers that thoseprovisions already apply, but they arespecifically cross referenced because theyare particularly important sincesignificant excavation activity oftenoccurs on hazardous waste sites.

Paragraph (b)(3) would requireemployers to notify contractors andsubcontractors of the hazards identifiedby the employer at hazardous wasteoperations. The language of (b)(3) is thesame as paragraph (b)(15) of the interimrule. Sections 126(b)(2) and 126(e) ofSARA indicate Congress's specificinterest in protecting employees ofcontractors, and in involving contractorsin the safe operation of hazardous wastesites. This provision would assist thecontractor in becoming aware of theoperational risks so that the contractor'semployees may be better protected.

Paragraph (c)—Site Characterizationand Analysis

The employer needs to know thehazards faced by employees in order todevelop and implement effective controlmeasures. Site characterization providesthe information needed to identify sitehazards and to select employee protectionmethods. The more accurate, detailed,

and comprehensive the informationavailable about a site, the more theprotective measures can be tailored to theactual hazards that the employees mayencounter. Congress clearly intended thatsuch a requirement be included.Section 126(b)(1) of SARA provides thatthe proposal include “requirements for aformal hazard analysis of the site . . .”Therefore, OSHA is proposing to use thelanguage from the interim rule as thelanguage for the proposed paragraph (c).

It is important to recognize that sitecharacterization is a continuous process.At each phase of site characterization,information is obtained and evaluated todefine the potential hazards of the site.This assessment is to be used to develop asafety and health plan for the next phaseof work. In addition to the formalinformation gathering that takes placeduring the phases of site characterizationdescribed above, all site personnel shouldbe constantly alert for new informationabout site conditions.

Paragraph (d)—Site Control

This paragraph would require theemployer to develop a site controlprogram, as part of the employers' sitesafety and health plan, to minimizepotential contamination of employees.This program would be a part of thesafety and health program required byparagraph (b). Several items, such asestablishing work zones, need to beconsidered so that employees know thehazards in different areas, and this willkeep out of hazardous areas where theirpresence is not required.

Site control is especially important inemergency situations. Paragraph (d)(2)would describe the minimum basiccomponents of a program to control theactivities and movements of employeesand equipment at a hazardous waste site.

The text proposed in this paragraph hasbeen adapted from the interim rule. Theneed for site control is called for in item 9of the EPA Order 1440.2. In addition,Subpart C of 29 CFR Part 1926 providesfor regular inspection of job sites sohazards on the site can be controlled.

Paragraph (e)—Training

The proposed rule includes specificprovisions for initial and routine trainingof employees before they would bepermitted to engage in hazardous wasteoperations that could expose them tosafety and health hazards.Section 126(b)(2) of SARA requiresinitial and routine training to be includedin the proposal. The intent of theproposed training provisions is to provideemployees with the knowledge and skills

necessary to perform hazardous wasteclean-up operations with minimal risk totheir safety and health.

The proposed requirements for trainingin paragraph (e) address the needs ofemployees who will be working atCERCLA sites, certain RCRA sites, andsites designated for clean-up by state orlocal governments.

The proposed provisions include aminimum of 40 hours of initialinstruction off the site, and a minimum ofthree days of actual field experienceunder the direct supervision of a trainedand experienced supervisor, at the time ofjob assignment. Congress has specificallyimposed these hour and day requirementsunder section 126(d) of SARA for theproposed final standard. The proposedrequirement is a one-time effort by theemployer for each employee covered bythis standard. Employees do not need tobe retrained for 40 hours at each site atwhich they work. Employees who havereceived the required training at one sitecan use that training to meet thisrequirement at other sites even if itinvolves a different employer.

There are often many hazards at awaste site. The employee would betrained to recognize the hazards andappropriate work practices to minimizethose hazards. The employee would alsobe well trained in the use of respiratorsand other forms of personal protectiveequipment. Without training, thatequipment may not be used effectivelyand may not provide adequate protection.An extensive training program isnecessary to assure that employees canuse personal protective equipmenteffectively. The proposed paragraphwould specify the items needed foreffective training to avoid hazards.

Managers and supervisors at the wastesite who are directly responsible forhazardous waste site operations wouldrequire the same training as that ofemployees under this proposal, and atleast eight additional hours of specializedtraining on managing hazardous wasteoperations. Since these managers andsupervisors are responsible for directingothers, it is necessary to enhance theirability to provide guidance and to makeinformed decisions. Section 126(d)(2) ofSARA provides that there shall beeight hours of additional training forsupervisors and managers.

The provisions also propose thatemployees be retrained on an annualbasis on relevant matters such as reviewof health hazards and the use of personalprotective equipment. Employees athazardous waste operations face serious


health and safety risks. Reminders areneeded of this and of work practicesnecessary to avoid hazards. Personalprotective equipment provides much ofthis protection. If there is no retraining inthe use, care and maintenance of personalprotective equipment, such equipment isunlikely to be properly utilized to provideadequate protection. The proposal wouldprovide eight hours of annual retraining.The EPA manual for refresher training(item #10) requires this amount oftraining.

In all areas of training, whether it befor general site employees, supervisors atthe site, or for the use of specificequipment, the level of training providedshall be consistent with the worker's jobfunction and responsibilities. Refreshertraining shall be supplied to reemphasizethe initial training and to updateemployees on any new policies orprocedures.

Section 126(d)(3) of SARA requiresthat the proposal include provisions forcertification that an employee hasreceived the training required by thestandard. Section 126(d)(1) provides thatthe proposal not require training foremployees who have already receivedequivalent training. The proposedstandard has provisions to meet thisdirective.

OSHA requests comment as to whetherthis or a greater or lesser amount oftraining is appropriate for thoseoperations.

Paragraph (f)—Medical surveillance

The proposed rule includes specificprovisions for baseline, periodic andtermination medical examinations.Section 126(b)(3) of SARA provides thatthe proposal include requirements formedical examinations of workersengaged in hazardous waste operations.In addition, the EPA manual referred toin section 126(e) of SARA has moredetailed requirements for initial orbaseline, periodic and terminationmedical examinations. The clearCongressional direction is to provide acomprehensive medical surveillanceprogram for employees engaged inhazardous waste operations where it ismedically prudent.

In paragraph (f)(1)(i) OSHA proposesthat medical surveillance is to beprovided to employees who have been orare expected to be exposed to hazardoussubstances or health hazards aboveestablished permissible exposure limitswithout regard to the use of respiratorsfor 30 or more days in a 12-month periodor who wear respirators 30 days during

the year. These are the employees whowill be at a greater health risk, andemployees who wear respirators need tobe examined to determine whether theycan safely do so as a routine matter. Somedividing line is needed, becauseemployees who might be present on ahazardous waste site only a few days ayear, or working in areas such as officeson the periphery of the hazardous areawhere exposures are low, would not havea special requirement for medicalsurveillance as a result of theiremployment. Their likely cumulativeexposures to toxic chemicals would bevery low, probably not significantlyhigher than the general population. TheEPA manual indicates some dividing lineis appropriate because it directs medicalsurveillance only for employees“routinely” exposed.

It is proposed in paragraph (f)(1)(ii)that wearing respirators for any part ofeach of 30 days would require medicalsurveillance because such usage indicatesroutine exposure to toxic chemicals.There is no requirement that there be240 hours of respirator use beforemedical surveillance is required.Similarly being exposed over establishedsafe levels to several chemicals each forless than 30 days, but totaling more than30 days per year, requires medicalsurveillance. This exposure indicatesroutine exposures to hazardoussubstances and also combinations ofchemicals, and may cause synergisticeffects creating greater health hazardsthan exposure to an individual chemical.

For employees who may have beenexposed during an emergency incident tohazardous substances at concentrationsabove the permissible exposure limitswithout the necessary personal protectiveequipment being used, and for employeeswho are injured due to overexposureduring an emergency incident, OSHA isproposing in paragraph (f)(1)(iii) that amedical examination or consultation bemade available by the employer toaffected employees for each incident. Acontinued medical surveillance programfor these employees is not proposed to berequired unless they also are coveredunder the provisions of paragraphs(f)(1)(i) and (f)(1)(ii) as discussed above.

In paragraph (f)(2), OSHA isproposing the frequencies for medicalexaminations and consultations to beprovided to employees.

OSHA's proposal would require aninitial or baseline medical examination,either prior to the start-up date foremployees who are currently working athazardous waste sites or prior to initialassignment to an area where medical

examinations will be required. Thepurpose or the intent of baseline medicalexaminations is to take a detailed medicalhistory, and where possible to develop ahealth baseline prior to any exposures soas to be able to evaluate changes whichmay be connected to hazardous substanceexposures. In addition, the initialexamination would permit evaluation ofwhether the employee can appropriatelywear a respirator, and whether theemployee has preexisting conditionswhich would make exposure to hazardoussubstances inappropriate. An initialexamination has been required by otherOSHA health standards, and isrecommended in Reference 6 andrequired by the EPA.

The periodic examinations are requiredyearly. OSHA's experience in otherhealth standards has been that this is anappropriate period, and it is alsorecommended by Reference 6. EPA'smedical monitoring program guidelinescross-referenced In the EPA manualrecommends baseline annual examinationgenerally, as well as a terminationexamination. It is reasonable todetermine periodically whether exposureshave induced medical changes and toidentify conditions caused by chemicalsat an early stage to permit more effectivetreatment. In some circumstances, thephysician may advise more frequentexaminations. OSHA requests commenton whether yearly or another frequencyfor periodic examinations is mostappropriate.

Examinations are also to be providedwhen the employee brings to theemployer's attention signs or symptomsindicating possible overexposure tohazardous substances. The employee isto be trained in recognizing whatsymptoms may indicate that the employeehas been exposed to a hazardoussubstance. Examples of such systemsmay be dizziness or rashes. Examinationsare also required, when medicallyappropriate, during emergencies whenexposure to higher levels is possible. Forexample, a urinary phenol test isappropriate for employees exposed tohigh levels of benzene.

Finally, employees who have beenrequired to have medical examinationsmust also be given an examination upontermination of employment, or uponreassignment to an area where medicalexaminations are not required. Thisexamination is proposed to detectconditions which have developed prior todeparture and is recommended by theEPA program. The proposed provisiondoes not require a terminationexamination if the employee has had an


examination within the prior six months.The EPA guideline has that exception butqualifies it only if the employee has hadno significant exposures in the interval.OSHA requests comments on theappropriate provisions for a terminationexamination.

In paragraph (f)(3), OSHA wouldestablish the content of medicalexaminations and consultations providedto employees.

In situations where most of theemployees on the site have similarexposures, the protocol may be similarfor all employees. Where differentgroups of employees on the site havesubstantially different exposures, severaldifferent protocols may be appropriate forthe site's workers depending onexposures.

There are a number of sources forguidance on specific medical examinationprotocols. Chapter 5 of Reference 6provides such guidance by groups ofchemicals likely to be present on a site. Itreferences other authorities. The manualshould be supplied to the physician. It isalso a basis for the medical surveillanceprogram required by this paragraph. Inaddition, the EPA medical monitoringprogram guidelines referenced by theEPA manual provides guidance onspecific protocols.

In paragraph (f)(4), OSHA proposesthat the medical examination would haveto be provided under the supervision of alicensed physician. As provided bysection 6(b)(7) of the OSH Act, theemployer would have to pay the cost ofthe examination. In addition, provisionsare proposed so that the employee is notdiscouraged from taking the examination.The examination would have to be givenat a reasonable time and place. If givenduring regular working hours, it isproposed that the employees shall receivetheir normal pay for that time. If theexamination is given outside regularworking hours, it is proposed that theemployee shall be paid regular wages forthe time spent taking and waiting for theexamination.

In paragraph (f)(5), OSHA proposesthat the appropriate medical tests andexaminations depend on the substances towhich an employee is exposed, and towhether or not the employee wears arespirator. As employees on hazardouswaste sites may be be exposed todiffering substances, the proposedparagraph can not specifically state therequired tests. Consequently the proposalstates that the employer provide to thephysician information on exposures,respirator use, and duties on the site. The

physician is then to determine theappropriate medical surveillance protocolin terms of specific tests andexaminations. As a result of theemployer specifying duties, the physiciancan also judge whether the employee canhandle the physical difficulty of the work.OSHA requests comment on whether itshould include protocol for medicalsurveillance, and if so what that protocolshould be.

In paragraph (f)(6) OSHA is proposingthat the physician make a report to theemployer of medical conditions whichmay make the employee at increased riskto work at the site, and anyrecommendations on limitations on use ofrespirators and other PPE as a result ofthe medical conditions. This will provideguidance for the safe employment of theemployee at the site. Under the proposal,the physician could not reveal to theemployer diagnoses or conditionsunrelated to employment, but couldinform the employee directly of thoseconditions and any and all occupationallyrelated conditions. OSHA requestscomment on whether medical removalprotective provisions ate medicallynecessary, feasible and appropriate.

In paragraph (f)(7) OSHA would thatappropriate records be kept to assist infuture evaluation of the employee'shealth. Secondarily, this information mayassist in research on occupational relateddisease. It is proposed that records shouldbe kept pursuant to the provisions of 29CFR 1910.20. Full consideration wasgiven in that standard to appropriateretention periods.

OSHA specifically requests commenton whether these or other criteria are themost appropriate for determining whichemployees should receive medicalsurveillance, taking into account bothmedical and administrative factors.

Paragraph (g)—Engineering Controls,Work Practices, and Personal ProtectiveEquipment

It is proposed that anyone entering ahazardous waste site be protected againstpotential hazards. The purpose ofproposing engineering controls, workpractices, and personal protectiveequipment (PPE) is to shield or isolateemployees from the chemical, physical,and biologic hazards that may beencountered at a hazardous waste site.Careful selection and use of appropriateengineering controls, work practices, andPPE should protect any employee fromhealth and other hazards, includinghazards to the respiratory system, skin,eyes, face, hands, feet, head, body, andhearing.

Congress required in section 126(b) (4)and (5) of SARA that the proposal haveprovisions for the use of engineeringcontrols and personal protectiveequipment. Section 126(b)(6) states thatthe proposal shall contain “requirementsfor maximum exposure limitations forworkers engaged in hazardous wasteoperations.” In addition existing OSHAregulations which apply in general tohazardous waste operations, in 29 CFRPart 1910, Subpart Z, require exposuresto various toxic and hazardous substancesto be controlled with engineering controlsif feasible, otherwise with PPE.

Paragraph (g)(1) would carry over theexisting requirements of the interim rule.It provides that toxic and hazardoussubstances regulated by OSHA are to becontrolled to the permissible exposurelimit with engineering controls if feasible.If such control is not feasible, theexposure is to be controlled with PPE.

Paragraph (g)(2) would provide that toachieve as appropriate establishedexposures levels for substances notregulated by OSHA in Subpart Z, theemployer may use an appropriatecombination of engineering controls,work practices, and PPE.

OSHA believes that the approach inparagraph (g)(2) accurately reflectsCongress' guidance. OSHA requestscomment on whether the approach it hasfollowed is appropriate for hazardouswaste operations and is protective ofworkers, taking into account that in somecircumstances engineering controls arenot available for those operations, andalso the large number of chemicals whichmay be present at such sites.

OSHA is currently consideringupgrading its respirator programrequirements and is reviewing its currentmethods of compliance policy todetermine if revision would beappropriate. A proposed rule on methodsof compliance is scheduled for later in1987. If as a result of this review thegeneral policy is modified, thesemodifications would also apply to thisstandard.

Examples of engineering controlswhich may be feasible are pressurizedcabs on materials handling equipment, orpressurized control rooms in materialshandling areas. However, in many casespersonal protective equipment will be theonly feasible means for providingprotection to employees engaged inhazardous waste operations.

It is proposed that the selection ofpersonal protective equipment (PPE) bebased on the information obtained duringthe site characterization and analysis, as


is proposed by paragraph (g)(3)(i) of thisstandard. Once an estimate of the typesof hazards and their potentialconcentration has been obtained, theproper respirators and protective clothingcan be selected based on the performancecharacteristics of the PPE relative to thesite hazards and work conditions, as isproposed by paragraph (g)(3)(ii) of thestandard. These requirements are derivedfrom Reference 6, and are also supportedby a NIOSH document, “PersonalProtective Equipment for HazardousMaterials Incidents: A Selection Guide.”These two documents also support theproposals of paragraphs (g)(3)(iii) and(g)(3)(iv) which would require positivepressure respirators with escapeprovisions to be used in IDLHatmospheres, and totally-encapsulatingchemical protective suits to be usedwhere skin absorption of the substancewould result in an IDLH situation.

Paragraph (g)(3)(v) would require thatthe level of protection provided by PPEselection be increased when additionalinformation onsite conditions show thatincreased protection is necessary. Thepurpose of this regulation is to assure thatemployees do not become exposed tolevels of hazardous substances abovewhat is permitted after initial monitoringhas been completed. It is possible thatincreased protection may becomenecessary due to unexpected releases ofunknown substances or due to newinformation developed about thesubstances being cleaned up.

Paragraph (g)(3)(vi) would require thatPPE be chosen to keep exposures at orbelow established permissible exposurelimits. This is a restatement of paragraph(g)(3)(vi) of the interim rule.

Proper respirator selection, as proposedby this standard, involves providing asufficient protection factor through thetype of respirator used, respirator fitting,worksite conditions, and a respiratorselection and use program. Properprotective clothing selection, as proposedby this standard, involves choosingprotective clothing made of materials andconstruction which will preventbreakthrough of hazardous substances bypermeation and penetration, or willreduce the level of exposure to a safelevel during the employee's duration ofcontact. Information on the performancecharacteristics of PPE is available fromMSHA/NIOSH certifications, test reportsand manufacturer's literature. OSHA isproposing an Appendix B that wouldprovide non-mandatory guidelines onclassifying substance hazards at fourlevels (A, B, C, and D), and on matchingfour levels of appropriate protection

provided by different protectiveensembles. These guidelines may beused as a basis for protective clothingselection, and the selection further refinedwhen more information is obtained, asproposed in paragraph (g)(3)(v) of thestandard. (In certain circumstances, thisstandard would specify the appropriatelevel of protection. See paragraph(c)(4)(iii).) Paragraph (g)(3)(vi) wouldcross-reference the existing requirementsto select and use PPE pursuant to therequirements of 29 CFR 1910, Subpart I.

In paragraph (g)(4), OSHA proposes torequire totally-encapsulating suitmaterials used for Level A protection (thehighest level of protection) to provideprotection from the specific hazardswhich have been identified as requiringthat level of protection. The purpose ofthis proposal is to be certain that the suitselected is comprised of materials whichwill provide the necessary protection,since no one material will provideprotection from all hazards. Paragraphs(g)(4)(ii) and (g)(4)(iii) would requiretotally-encapsulating suits to be capableof maintaining positive air pressure tohelp prevent inward leakage of hazardoussubstances, and to be capable ofpreventing inward gas leakage of morethan 0.5 percent. These proposals, whichare based on testing of totally-encapsulating suits, are included toestablish a minimum level of suitperformance so that their level ofprotection can be quantified for properselection. OSHA is proposing inAppendix A to list the example testmethods for totally-encapsulatingchemical protective suits. OSHAbelieves that a higher degree of leakprotection than 0.5 percent may beappropriate if both practical suits and testmethods exist to achieve and demonstrategreater levels of protection. OSHA alsobelieves that a qualitative test methodutilizing a non-hazardous challenge agentor a quantitative test method for the suitswould be preferable. It requestscomments on these issues.

In paragraph (g)(5), OSHA wouldrequire a PPE program to be establishedas part of the site safety and health plan.This proposal is based upon reference 6,29 CFR 1926.28, EPA manual items 4and 7(g), and is included since PPE willbe the only protection feasible foremployee protection, in most cases, andbecause the amount of protectionafforded by PPE is dependent upon somany factors, such as selection, fit, workduration and conditions, anddecontamination. The PPE programwould be required to insure that the levelof protection afforded by PPE is

sufficient and continues to be sufficientfor employee safety during hazardouswaste operations.

Paragraph (h)—Monitoring

It is essential that employers beprovided with accurate information onemployee exposures in order toimplement the correct PPE, engineeringcontrols, and work practices. Airbornecontaminants can present a significantthreat to employee safety and health.Thus, identification and quantification ofthese contaminants through airmonitoring is an essential component of asafety and health program at a hazardouswaste site. Reliable measurements ofairborne contaminants are useful forselecting personal protective equipment,determining whether engineering controlscan achieve permissible exposure limitsand which controls to use, delineatingareas where protection is needed,assessing the potential health effects ofexposure, and determining the need forspecific medical monitoring.Section 126(b) of SARA also mandatesthe inclusion of the necessary monitoringand assessment procedures in thisproposed rule.

In paragraph (h)(1), OSHA proposes torequire that air monitoring be used toidentify and quantify airborne levels ofhazardous substances. This language hasbeen taken from the interim final rule.

In paragraph (h)(2), OSHA isproposing to require monitoring forairborne hazardous substances atuncontrolled hazardous waste sites. Thepurpose is to detect IDLH conditions,flammable conditions, or exposures tohazardous substances. Over exposurelimits can be detected and controls can beinstituted or suitable PPE selected andworn to protect employees from thehazard. Representative initial monitoringwould be required for these conditions.Subsequent monitoring would be requiredwhenever the possibility of an IDLH orflammable atmosphere has developed.

In paragraph (h)(3), OSHA proposesthat additional remonitoring is necessarywhen, as a result of various changes,increased exposures are suspected. Nospecific interval of monitoring isproposed because of the variationspresent at each individual work station.Monitoring would not be required justbecause a condition changes; it would benecessary only when the change may leadto higher exposures.

In paragraph (h)(4), OSHA proposes tocontinue requiring personal monitoring ofhigh-risk employees as is contained inparagraph (h)(4) of the interim final rule.The language of the proposal differs from


that of the interim rule, however, therequirement remains the same. A notehas also been proposed to clarify theintent of the proposed requirement. Thelanguage of this paragraph was adaptedfrom reference 6.

Because of the large number ofsubstances which may be present at ahazardous waste site, OSHA does notbelieve it is possible to specify a detailedmonitoring protocol as it has done insubstance specific standards. OSHArequests comment on whether alternatemonitoring provisions would be moreappropriate.

Paragraph (i)—Informational Programs

Congress provided in § 126(b)(7) ofSARA that the proposal include an“Informational Program” to “informworkers engaged in hazardous wasteoperations of the nature and degree oftoxic exposure likely as a result of suchhazardous waste operation.”Paragraph (i) in the proposal is designedto carry out this Congressional directive.

Paragraph (i) provides that employees,contractors, and subcontractors (or theirrepresentatives) be informed of thehazardous substances health hazards andother hazards to which they are exposed.

Employees covered by this proposalwill normally be informed as part of theirinitial and refresher training required byparagraph (e). Some of the training timerequired in paragraph (e) can be allocatedto this information so that this provisiondoes not increase training time over thatwhich Congress has directed.

This provision is intended to coveremployees who are exposed to greaterhazards than the general employeepopulation. Consequently a clerk in anoffice on the periphery of a site who doesnot enter the operations part of a site, andis exposed only to background levels ofhazardous substance, would not becovered. Employees who regularly enterthe operations areas on the site and areexposed to levels significantly overbackground would be covered.

The information program shouldconcentrate on those substances whichwill create the greater risk to theemployee, either because of theirhazardousness or because of the likelyhigher degree of exposure, and for whichprecautions are most essential. Forexample, a level of exposure not higherthan background to a general populationwould not normally require notification.Similarly a level of exposure abovebackground, but well below establishedpermissible exposure limits of chemicals,

would not require the specific notificationof this provision.

The identification of exposure levelprovisions are tied in with the monitoringprovision of the standard, and do notcreate requirements to monitor additionalto those created elsewhere in thisproposed standard. Similarly there is norequirement to make risk estimates or toundertake original research on the degreeof risks. The requirement is to inform theemployee, contractor, or subcontractor ofestimates in the literature or made byauthoritative organizations. As theemployers here are in the business ofhandling hazardous wastes, they shouldbe familiar with this literature in order tomanage their operations properly.Therefore extensive literature searchesshould not be necessary.

OSHA requests comments on whetherthese or other provisions of the proposalare a more effective method than themethod used in the interim final rule forinforming employees of the hazards theyface in a manner that concentrates on themore important hazards and the methodsby which they can be controlled.

Paragraph (j)—Handling Drums andContainers

In paragraph (j), OSHA is proposingprocedures for the handling of drums andcontainers. The handling of drums andcontainers at hazardous waste sites posesone of the greatest dangers to hazardouswaste site employees. Hazards includedetonations, fires, explosions, vaporgeneration, and physical injury resultingfrom moving heavy containers by handand working around stacked drums,heavy equipment, and deteriorated drums.While these hazards are always present,proper work practices can minimize therisks to site personnel. Section 126(b)(8)of SARA directs that the proposal containprovisions on the handling and storage ofhazardous substances and this paragraphaddresses that concern.

Containers (less than 30 gallons) arealso handled during characterization,removal of their contents and duringother operations. Many of the hazardsencountered during the handling of drumsalso occur during the handling of smallercontainers. The relative size of a smallercontainer when compared to the size of adrum is no indication of the degree ofhazard posed by the container. They bothshould be treated in accordance with thelevel of hazard posed by their contentsnot by their size. The language used inthis paragraph was adapted fromReference 6.

Paragraph (k)—Decontamination

Section 126(b)(10) of SARA providesthat the OSHA proposal containrequirements for decontaminationprocedures. Decontamination is anecessary practice to protect thoseemployees properly who may be exposedto hazardous substances. Decontamin-ation provisions protect an employeefrom being exposed to hazardoussubstances which might otherwise be onthe employee's PPE when it is removed.OSHA is proposing that adecontamination plan be developed andimplemented before any employees orequipment may enter areas on site wherepotential exists for exposure to hazardoussubstances.

As proposed in this standard,decontamination procedures and areasmust be developed to minimize hazardousexposures to employees whose equipmentand PPE are being decontaminated, aswell as to employees who are assisting inthe decontamination of workers andequipment. These measures are proposedsince without proper procedures anddecontamination areas, employees maybe unknowingly exposed to hazardoussubstances which have contacted orotherwise adhered to equipment andclothing. OSHA is also proposing that allemployees be decontaminated and that allclothing, equipment and decontaminationfluids and equipment be decontaminatedor disposed of before leaving acontaminated area. These provisions areproposed so that contaminated personsand materials do not leave the "hot zone"and thereby expose other employees andpersons to hazardous substances.

Decontamination methods andcleaning fluids must be matched to theparticular hazardous substance at the sitein order for the decontaminationprocedures to be effective in removingthe hazards from PPE and otherequipment. No one decontaminationfluid will be effective for all hazardoussubstances. As proposed in this standard,the decontamination program must beeffective and it must be monitored by thesite safety and health supervisor tomaintain its effectiveness. Theseproposals are made so that employees arenot exposed to hazardous substances byre-using PPE and other equipment whichare still contaminated.

Effective employee decontaminationalso requires clean change rooms andshowers. There must be an area wherethe employees can remove thecontaminated work clothing and where itwill not contaminate the employees' streetclothing. In addition, the employees mustbe able to shower after removing


contaminated work clothing and then gointo a clean area where the employee canput on street clothing. Paragraph (k)contains these decontaminationrequirements. Somewhat differentprovisions are required for sites of lessthan six-month duration because morepermanent facilities are not as feasible forshort-term operations. The language usedin this paragraph was adapted fromreference 6.

Paragraph (l)—Emergency Response

Section 126(b)(11) of SARAspecifically provides that the proposalcontain “requirements for emergencyresponse.” In addition, the EPA manualunder items 4 and 9, and 29 CFR 1926.23and 1926.24 require preparations andplanning for emergencies. Congressmade its intent clear that emergencyplanning and response is an importantpart of any employer's safety and healthprogram, and directed that it is to beaddressed in the proposed rule.

The Congressional concerns on toxicemergencies is discussed in Task Forceon Toxic Emergencies, Environmentaland Energy Study Conference SpecialReport, September 18, 1986. This reportstresses the need for training ofemergency response personnel as well asemergency response planning and relatedareas.

In paragraph (l)(1)(i), EmergencyResponse, General, OSHA is proposingthat employers who are involved inemergency response to hazardous wasteincidents develop and implement anemergency response plan foremergencies. Employers would have toinform all their employees about theemergency response plan. The planwould also have to be available for useprior to the start of work on the site. Itwould have to be in writing and availablefor inspection by employees, theirrepresentatives, and OSHA personnel.OSHA proposes to exempt employersfrom the rest of paragraph (l) if theyprovide an emergency action plan inaccordance with 29 CFR 1910.38 thatrequires the total and immediateevacuation of employees from the releasesite.

In paragraph (l)(1)(ii), OSHA isproposing that the emergency responseplan include the following elements:(1) Recognition of emergencies;(2) methods or procedures for alertingemployees onsite; (3) evacuationprocedures and routes to places of refugeor safe distances away from the dangerarea; (4) means and methods foremergency medical treatment and firstaid; (5) line of authority for employees;

(6) decontamination procedures; and(7) site control means and methods forevaluating the plan.

Local fire departments, policedepartments or emergency medicalservices would also be required to havean emergency response plan. Theseemployees which may be called upon torespond to hazardous substanceemergency incidents involving a railroadtank car, motor carrier tank truck or to aplant location where they do not regularlywork are considered involved inemergency response activities at otherthan hazardous waste clean-up sites underthis section. However, work bymaintenance or repair personnel who arecalled upon to replace a leaking valve ora section of pipe damaged by anunexpected release, or to restore ahighway surface or railroad track bed thatmay have been damaged in an accidentcausing the release of a hazardoussubstance, are not considered as beingpart of the “emergency response” for thepurpose of this proposal. Suchemployees routinely respond to accidentsites to restore equipment to a functionallevel after an accident has occurred.Typically the accident scene will havebeen declared “non-hazardous” in regardsto employee exposure to hazardoussubstances. Should a health exposureexist, these employees would be coveredby OSHA's General Industry healthstandards in Subpart Z. Safety hazardsrelated to their work would be covered bythe appropriate Part of Title 29 related totheir work (i.e., 1910, 1926, etc.)

The emergency response plan wouldhave to include the incident commandsystem required in paragraph (l)(3) of thissection. OSHA believes that a genericemergency response plan is feasible foremployers.

In paragraph (l)(3), Emergencyresponse at hazardous waste clean-upsites, OSHA is proposing requirementsfor emergency response at hazardouswaste clean-up sites. The title for thisparagraph would be changed from thetitle “On-site emergency response” asused in the interim rule to “Emergencyresponse at hazardous waste clean-upsites” to clarify the intent of the type ofresponse OSHA is proposing to cover inthis paragraph. Further the term “onsite”would be replaced with the phrase “athazardous waste clean-up site” asappropriate.

An employer's emergency responsepersonnel at hazardous waste clean-upsite operations must have the same basictraining as for the other employeesinvolved in routine hazardous wasteclean-up operations plus the training

needed to develop and retain thenecessary skills for anticipatedemergency response activities. CERCLAsites, major corrective actions at RCRAsites, sites designated for clean-up bystate and local governments and othersimilar hazardous waste clean-up sitesrequire more training because there is thepossibility of uncontrolled hazards.

Note.—Emergency response personnel from otherplaces of employment of different employers whorespond to the site must comply with the trainingrequirements of paragraph (l)(3).

In paragraph (l)(3), Emergencyresponse at other than hazardous wasteclean-up sites, OSHA is proposingrequirements for emergency response atother than hazardous waste clean-up sites.The title for this paragraph would bechanged from the title “Off-siteemergency response” as used in theinterim rule to “Emergency response atother than hazardous waste clean-upsites” to clarify the intent of the type ofresponse OSHA is proposing to cover inthis paragraph. Further the term “off-site” would be replaced with the phrase“at other than hazardous waste clean-upsite” as appropriate.

Fire departments, emergency medicaland first-aid squads, fire brigades, andother similar emergency response teamswould have to conduct monthly trainingsessions for their employees, except asprovided in (l)(3)(i)(A)(3) and(l)(3)(i)(A)(4). Regular training is neededso that the employees with responsibilityfor controlling, containing andextinguishing fires of hazardoussubstances know the proper techniquesand equipment to use. They must alsoknow the appropriate PPE to use and howto wear it and how to coordinate withfellow employees. Without thisknowledge their lives would be injeopardy. The training needs to berecurring because quick decisions willhave to be made in the dangerousemergencies of chemical fires, acid spills,poisonous fumes, etc. where there oftenwill not be time to consult manuals andthe information needs to be fresh andaccurate in the employees' minds.

Some changes have been made in theproposal from the interim rule. Theinterim rule required 24 hours of trainingand monthly sessions. OSHA believesthat is a reasonable amount of trainingrequired and it is retained as an option inthe proposal.

However, a prescription of a number ofhours does not necessarily indicateproficiency and employees could developproficiency in fewer hours. Therefore,OSHA is proposing an alternative. Thealternative would provide that employees


be trained sufficiently so that theydemonstrate competency in the relevantareas of their duties.

In addition, the interim rule clarifiesthat training need be given only to thoseemployees who will be engaged incontrolling toxic chemical fires andcontaining spills. Employees who maybe first on the scene, but not expected toengage in response activities, may betrained only in hazard recognition if theyare instructed to call others to controlhazardous substance spills and fires.Employees for whom there is noreasonable possibility of making anemergency response need not be trainedin making such a response.

In addition, the proposal clarifies thatthe intent of the training requirements isto ensure that fully-trained personnel areavailable to respond to hazardoussubstance emergencies. Accordingly,each individual emergency responseorganization is not required to have afully-trained hazardous substanceresponse team if arrangements have beenmade in advance to ensure that such ateam is available to respond in areasonable period if summoned. If anyemergency response organization choosesto rely on an outside team for hazardoussubstance emergencies, then its membersmust be sufficiently trained to recognizethat an emergency situation exists whichrequires the intervention of the designatedhazardous spill response team and toknow how the spill response team shouldbe contacted. An example may be ametropolitan area in which an emergencyspill team is available to respondimmediately to spills anywhere within thearea. In such a case, each emergencyresponse organization in the area wouldnot have to train individual members tothe degree specified in paragraph(l)(3)(i)(A)(1) if the members knew whenand how to call in the designated spillresponse team.

However, the employees fully trainedmust be sufficient to handle reasonablepossible emergency response situations.There are additional requirements forHAZMAT teams because they face thegreater hazards of stopping leaks ofhazardous chemicals.

It is noted that OSHA does not havedirect jurisdiction over state and localgovernment employees. OSHA state planstates must regulate state and localgovernment employees in the state. Stateand local government employees in non-OSHA state plan states will be coveredby EPA. [See section 126(f) of SARA.]

Training sessions on activities such asbreathing apparatus use, hose handling

and preplanning may be used as trainingsubjects for the monthly sessions,provided hazardous substance incidentoperations are included in thepresentation, discussion or drill. It isproposed that these training sessions anddrills contain at least 24 hours of trainingon an annual basis.

It is also proposed that an incidentcommand system be established byemployers for the incidents that will beunder their control, and that the system beinterfaced with the other organizations oragencies who may respond to such anincident. The National TransportationSafety Board, as a result of itsinvestigation of hazardous materialsincidents, has consistently recommendedthat better state and local emergencyresponse planning be done to reduce theloss of life and property, and that asystem using a command post and on-scene commander be implemented. (SeeSpecial Investigation Report, On-sceneCoordination Among Agencies atHazardous Materials Accidents,NTSB-HZM-79-3, September 13, 1979;and Multiple Vehicle Collisions and Fire,Caldecott Tunnel near Oakland,California, NTSB/HAR-83/01, NationalTransportation Safety Board,Washington, DC, April 7,1982, forfurther information.) OSHA is proposingthat where available, state and localdistrict emergency response plans wouldbe utilized in developing the incidentcommand system and the emergencyresponse plan to assure compatibility withthe other emergency responding agenciesor employers.

In paragraph (l)(4), Hazardousmaterials teams, OSHA is proposing torequire employers, who utilize speciallytrained teams involved in intimate contactwith controlling or handling hazardoussubstances, to provide special training forthe affected employees in such areas ascare and use of chemical protectiveclothing, techniques and procedures forstopping or controlling leakingcontainers, and decontamination ofclothing and equipment after hazardoussubstance incidents. The employer wouldhave to implement a medical surveillanceprogram in accordance with the proposedrequirements of paragraph (f) of thissection. It should be noted thatemployees of employers covered byparagraph (a)(2)(ii) already would receivethese protections as a result of otherprovisions in this proposal. However, thisparagraph does not require any employerto form or organize a hazardous materialsteam. It only applies when such a teamhas been organized and utilized.

In paragraph (l)(5)(i), OSHA isproposing to require that employers whowill be involved in cleaning up hazardouswaste after the emergency responseactivities are concluded, comply with thesame requirements that apply to othersinvolved with hazardous waste clean-upoperations. These hazardous waste clean-up operations will be typicallyaccomplished by special contractors, andnot by those agencies involved inresponding to the initial emergencyincident.

However, this paragraph does notapply to those employees who clean-up aspill in their work area which did notinvolve an emergency response by thefire brigade, fire department or similarorganization.

After an emergency response incidentis brought under control on plantproperty, and post-emergency clean-up ofhazardous materials begins, paragraph(l)(5)(ii) would permit the employerwhose facility was affected by theincident to use plant employees todecontaminate the workplace. Thisprovision has been addressed andpermitted in the past by specific OSHAhealth standards such as 29 CFR1910.1017(h)(2)(i), 29 CFR1910.1008(d)(2) and others. Theemployees who may take part in theclean-up would have to have completedthe full training program required in29 CFR 1910.1200, and the respiratortraining required in 29 CFR 1910.134.Emergency action plans would have to beprovided in accordance with§ 1910.38(a). Any appropriate safety andhealth training required by the specifictasks to be completed as part of theclean-up effort would also have to beprovided. Employers whose employeeswill be performing post-emergencycleaning of workplaces would be exemptfrom paragraph (l)(5)(i) of this section ifthey comply fully with paragraph(l)(5)(ii) of this section.

OSHA requests comment on whetherthe proposals it has made and distinctionsit has drawn for emergency response areappropriate, or whether improvementscan be made.

Paragraph (m)—Illumination

In paragraph (m), Illumination, OSHAis proposing to require certain minimumillumination levels for work areas that areoccupied by employees. OSHA wasmandated by SARA in section 126(e) toinclude illumination requirements in theinterim final rule published in December1986. OSHA believes that the intent ofCongress is to provide coverageconcerning illumination, and has


therefore proposed to regulate it in thisproposed final standard. The provisionscome from OSHA's construction industryrequirements for illumination atconstruction sites issued at 29 CFR1926.56. SARA calls upon OSHA to usethe requires of Subpart C in Part 1926.Subpart C references the requirements ofSubpart D which contains § 1926.56.OSHA requests comment on whetherthese or other provisions are moreappropriate for hazardous wasteoperations.

Paragraph (n)-Sanitation for TemporaryWorksites

In paragraph (n), Sanitation fortemporary worksites, OSHA is proposingminimum requirements for potable andnon-potable water supplies, toiletfacilities, and other areas related tosanitation at temporary workplaces.OSHA was mandated by SARA insection 126(e) to include sanitationrequirements in the interim final rule. Theprovisions in this proposed standard comefrom OSHA's construction industryrequirements for sanitation atconstruction sites issued at 29 CFR1926.51 with one addition. SARA callsupon OSHA to use the requirements ofSubpart C in Part 1926. Subpart Creferences the requirements of Subpart Dwhich contains § 1926.51. OSHA isproposing to expand the referencedconstruction standard in this rulemakingwith requirements for showers andchange rooms. Regulation of thesefacilities was not a part of the interimfinal rule. The proposed addition has beenmade to address the installation andoperation of employee showers andchange rooms at worksites where clean-up operations are expected to take sixmonths or more to complete.

OSHA requests comment on whetherthese or other provisions are moreappropriate for hazardous wasteoperations.

Paragraph (o)—Operations ConductedUnder the Resource Conservation andRecovery Act of 1976 (RCRA)

OSHA is proposing a separateparagraph for operations conducted atworksites involving hazardous wastestorage, disposal and treatment operatingunder the Resource Conservation andRecovery Act of 1976 (RCRA). Thisseparate paragraph of requirements isappropriate because RCRA siteoperations (not including majorcorrective actions and their associatedhazards which are similar to CERCLAsites, and are covered by the main part ofthe standard) generally are different fromthe operations and hazards found on a

CERCLA clean-up site. For example,RCRA sites that would be covered by thisparagraph tend for the most part to befixed ongoing operations involving thereceiving, processing, storage, treatment,and disposal of hazardous wastes orsubstance from outside sources.CERCLA sites, on the other hand, aretemporary emergency clean-up operationsinvolving often undefined and substantialquantities of hazardous substances.

Consequently hazards should be bettercontrolled and more routine and stable forthe RCRA sites covered by thisparagraph, and therefore less extensiverequirements are appropriate. OSHArequests comment on whether theprovisions of paragraph (o) areappropriate for general RCRA sites.

In paragraph (p), New technologyprograms, OSHA proposes to addressnew technology programs. Newtechnology programs are intended toprovide employees with means to becomeaware of new equipment, processes, andprocedures that may contribute toimproving their safety and health on thejob. Paragraph (b)(9) of SARA alsorequires the agency to address newtechnology programs as part of thisproposal.

III. References

1. Superfund Amendments andReauthorization Act of 1986 (SARA),Pub. L. 99-499.

2. Comprehensive EnvironmentalResponse, Compensation and LiabilityAct of 1980 (CERCLA or "Superfund"),Pub. L. 96-510, December 11, 1980, 94Stat. 2767.

3. Resource Conservation andRecovery Act of 1976 (RCRA), Pub. L.94-580, October 21, 1976, 90 Stat. 2795.

4. “Health and Safety Requirements forEmployees Engaged in Field Activities,”Environmental Protection AgencyOrder 1440.2, U.S. EnvironmentalProtection Agency, July 12.1981.

5. Subparts C and D of 29 CFRPart 1926.

6. “Occupational Safety and HealthGuidance Manual for Hazardous WasteSite Activities,” Occupational Safety andHealth Administration, EnvironmentalProtection Agency, U.S. Coast Guard,and National Institute for OccupationalSafety and Health, DHHS (NIOSH)Publication No. 85-115, October 1985.

IV. Issues for Comment

OSHA requests comments on all issuesraised by this proposal, including theissues specifically raised throughout the

preamble. OSHA also requests commenton the following issues:

1. Ninety days after the promulgationof the final OSHA regulations that resultfrom this notice of proposed rulemaking,section 126 (f) of the SuperfundAmendment and Reauthorization Act of1986 (SARA) requires the Administratorof the Environmental Protection Agency(EPA) to promulgate standards identicalto those promulgated by OSHA pursuantto this rulemaking for employees of Stateand local governments in each statewhich dues not have in effect anapproved State plan under section 18 ofthe Occupational Safety and Health Actof 1970. EPA is to provide standards forthe health and safety protection ofemployees engaged in hazardous wasteoperations. Does the requirement thatEPA apply identical standards toemployees of State and localgovernments engaged in hazardous wasteoperations raise any issues about thesubstance of the standards that would notbe raised by their application to otherworkers? EPA will conduct its ownrulemaking to define those employees towhom the standards will apply.

2. OSHA has defined the term“established permissible exposure limit”to cover the many hazardous substanceand health hazards possibly present inhazardous waste operations. Is anotherdefinition or term more appropriate and,if so, how should it be defined? Shouldseveral terms be used for differentpurposes, such as site entry or guidanceon use of PPE? How should OSHAdetermine safe levels of exposure forunknown substances or mixtures ofsubstance?

3. In order to perform a RegulatoryImpact Analysis and a RegulatoryFeasibility Analysis for the final standardOSHA requests information concerningthe following general topics: The type,number, and characteristics of thecontractors and other entities involved inhazardous waste operations; the numberof potentially affected employees athazardous waste operations; the availablefatality, injury, and illness statisticsassociated with hazardous wasteoperations; current industry practices inhazardous waste operations; the potentialcosts of compliance; and the potentialeconomic impact of the proposedstandard upon the economy and uponsmall entities. In addition to any otherinformation that is supplied on theseissues, OSHA is particularly interested ininformation concerning the specificquestions found in Issues 4 through 18.OSHA already has substantialinformation in these areas, but more


information would be helpful inimproving the regulation and makingmore detailed estimates of impacts.

4. What type of contractors and otherentities are involved in hazardous wasteoperations? How many are there? Whatare their characteristics? What is thetypical scale of clean-up operations?Numerous local construction contractorsmay be employed in clean-up activities atuncontrolled hazardous waste sites. Whatare the characteristics of these firms? Arethey typical of construction firms(particularly excavation contractors) ingeneral or not? Are these contractorsable to specialize in work at uncontrolledhazardous waste sites?

5. For investigation and clean-up ofuncontrolled hazardous waste sites, canyou estimate the split betweengovernment and privately funded cleanupwork? Can you describe/estimate thecomponents of the privately funded workbetween (1) private actions in directresponse to government enforcementefforts, (2) voluntary private actions(apparently) preceding direct enforcementactions, (3) voluntary private actions inpreparation for sale of property, and(4) voluntary private actions without anyencouragement from enforcement orother external factors? The government-funded work at uncontrolled hazardouswaste sites may continue for a decade ormore. Can you estimate the duration ofwork in the private sector? What are thedifferences, if any, between clean-upproject characteristics of governmentsponsored activities and private clients?

6. How often do emergency spillsoccur at a clean-up site, and how often dothey occur off the site? How many ofthese emergency spills are cleaned up byprivate contractors? Are these privatecontractors the same as those contractorsperforming hazardous waste clean-ups onhazardous waste clean-up sites? Howoften are emergency spills cleaned up bystate and local employees? How manyfires occur that require state and localfirefighters to enter a hazardous wastesite?

7. Do industrial establishments withindustrial fire brigades generally askthose brigades to respond to in-househazardous material spills or releases? Ifnot, who does respond? Are otherresponse groups designated? Whatprovisions do other establishments (i.e.,those without brigades) make forresponses to hazardous material spills orreleases?

8. How many private HAZMAT teams(response groups) are there? Are many ofthe teams designated for responses for

several emergency networks (e.g., forresponding to CHEMNET emergencies,Chlorine Institute emergencies, andothers)? How many HAZMATspecialists, advisors, or consultants, orother groups are there that may respondto incidents but who do not physically getinvolved in the response action?

9. How many employees are exposedto hazardous substances during cleanupsat a typical CERCLA site, at a typicalRCRA site; and at an emergency spill?What are the typical hazardoussubstances found at a CERCLA site andat a RCRA site? What are the typicalexposure levels? How many averagedaily hours of exposure to site hazardswould a typical employee face duringclean-up operations, and during final sitereclamation work? At how many wastesites does the average employee workduring a year? What are the training andexperience levels of these employees?What is the labor turnover rate? Whatpercentage of these employees havepreviously worked at CERCLA or RCRAsites?

10. The proposed standard coversemployers and employees engaged inoperations regulated under 40 CFRParts 264 and 265 pursuant to RCRA.Are there other RCRA operationsinvolving hazardous waste handlingcovered by other Parts in Title 40 of theCode of Federal Regulations whichOSHA should include in the scope of thisstandard? Are there any other paragraphsof this proposal not specificallyreferenced in paragraph (o) forapplicability to RCRA sites that shouldbe made applicable to RCRA sites?

11. What are the current industrypractices with respect to the provisions inthe proposed standard? What actionswould be necessary for compliance?Does the current degree of compliancedepend upon the type of site? Are thereany provisions that would, in somespecific situations, be eithertechnologically or economicallyinfeasible? What would those specificsituations be?

12. How much training is beingprovided for various types of employees?Who has provided this training? Howoften is training repeated? Are truckdrivers who haul the hazardous substancefrom the site trained and, if so, to whatextent and by whom? Are monthly drillsor other training provided for emergencyresponders to spills?

13. What preparations are made foremergency situations that may arise atCERCLA or RCRA hazardous wastesites?

14. What are the typical practicesconcerning air monitoring? Howextensive is the information concerningthe specific hazardous substances at aCERCLA site and at a RCRA site?

15. Do employees receive medicalexams prior to the first site assignment?Are exit exams provided? Are medicalexams given annually? Are these examsgiven to HAZMAT team members?Which tests and analyses are included inthe medical exam?

16. Is personal protective equipmentused in accordance with the proposedstandard? If not, why not? Is a self-contained breathing apparatus worn at alltimes during emergencies with hazardoussubstances? If not, what types ofinstances might not require their use?

17. What sources of fatality, illness, orinjury statistics are available forhazardous waste operations? What arethe causes of these fatalities and injuries?What types of site characteristics oremployee actions have contributed tofatalities and injuries? Are there specificcases of acute or chronic illnessesoccurring to employees performinghazardous waste operations? Wouldspecific provisions in the proposedstandard have prevented these cases?Which provisions?

18. What would be the unit costs ofcomplying with each of the provisions forwhich there is current noncompliance?What would be the annual costs byprovision and by site? What would bethe capital costs? What would be theone-time expenditures? What would bethe typical total, annual and capital costsof compliance for a contractor? Whatwould be the typical receipts, profits, andinvestment of these firms? To whatextent would this cost of compliance bepassed onto the price of the clean-upoperation? What would be the typicalimpact of compliance upon the pricecharged to clean-up of a CERCLA site, aRCRA site, and a private site? Wouldsmall entities be faced with an adverseimpact that would be significantly greaterthan the adverse impact faced by thelarger entities? If so, what particularprovisions would cause this impact?

19. OSHA is proposing certain trainingrequirements for employees who areexpected to work with hazardoussubstances. The Agency proposes torequire certification to show that traininghas been completed. Should it set criteriafor the persons doing the training? Is therequirement of a written certificationupon completion of training given to theemployee sufficient to show that traininghas been completed? With regard to the


various training requirements in thestandard, should OSHA require specifictraining courses or curriculum? Whatshould a training certification include? Ifthe employer is allowed to certify that anemployee has been trained, what formatshould this certification follow?

20. In the issue of medical surveillanceand the surveillance records necessary toshow employee exposures, how shouldOSHA provide for records transfer whenan employee moves from one job site toanother job site, or from one employer toanother employer?

21. Test methods for evaluating theperformance of totally-encapsulatingchemical protective suits are included inAppendix A of this standard. A pressuretest using compressed air and aqualitative leak test using vapors fromconcentrated aqueous ammonia areincluded. Are these test methodsadequate for ensuring the integrity oftotally-encapsulating chemical protectivesuits? Are other test methods availablewhich would be more suitable? Is there adanger to employees from the use of sucha volume of concentrated aqueousammonia?

22. The standard and appendices donot contain any test methods for otherchemical protective clothing such asoveralls, chemical-splash suits andchemical-resistant gloves. Are there anytests methods available which evaluatethe performance of these types ofprotective clothing and gloves as theywould perform when worn? Is there aneed to include test methods for chemicalprotective clothing and gloves?

23. The standard requires that clothingand equipment leaving a contaminatedarea be appropriately disposed of ordecontaminated. What methods areavailable to evaluate the effectiveness ofdecontamination procedures? Whatmethods are available to determine whendecontaminated clothing and equipmentare safe to reuse? What guidelines orprocedures are available to ensure properdisposal of contaminated clothing andequipment?

24. The practical health benefit ofannual medical examinations for workersin hazardous waste operations may be,however, uncertain. Hazardous wasteoperations often involve exposure tonumerous chemicals some of which maybe unknown, to which workers may beexposed once, intermittently, or regularly.Consequently, it may not be possible todetermine in advance what particularbiological markers are relevant indetermining over-exposure; whichmedical tests should be conducted; or

even if the same medical tests should beconducted with each yearly examination.One consequence of this uncertainty maybe over-testing-the application of abattery of medical tests simply in order tocover the full spectrum of possibilities.Such testing would be costly and in somecircumstances of limited health benefit,and would not assure the worker thathealth effects have not occurred as aresult of over-exposure. This situationdiffers from that in most other activitiesregulated by OSHA in which specificexposures have been identified andspecific tests can be conducted todetermine if workers have beenoverexposed.

Since, in some circumstances, it maynot be possible to determine in advancewhat doctors should look for in workersengaged in hazardous waste operations, itmay be more useful to follow the initialor baseline exam with periodicexaminations of those workers who showsymptoms indicating sensitivity orpossible over-exposure to hazardoussubstances. Follow-up exams wouldoccur at intervals recommended by thephysician. The effectiveness of thisapproach in identifying workers in needof medical surveillance would beenhanced by worker training onrecognition of symptoms indicatingpossible over-exposures. OSHA solicitscomments on the appropriateness andeffectiveness of this alternative to annualmedical examinations.

V. Regulatory Impact Analysis,Regulatory Flexibility Analysis, andEnvironmental Impact Assessment

Introduction. Executive Order 12291(46 FR 13197, February 19, 1981)requires that a regulatory impact analysisbe conducted for any rule having majoreconomic consequences for the nationaleconomy, individual industries,geographical regions, or levels ofgovernment. In addition, the RegulatoryFlexibility Act of 1980 (Pub. L. 96-353,94 Stat. 1164 [5 U.S.C. 601 et seq.])requires the Occupational Safety andHealth Administration (OSHA) todetermine whether a proposed regulationwill have a significant economic impacton a substantial number of small entities,and the National Environmental PolicyAct (NEPA) of 1969 (42 U.S.C. 4321, etseq.) requires the agency to assess theenvironmental consequences ofregulatory actions.

In order to comply with theserequirements, OSHA has prepared aPreliminary Regulatory Impact andRegulatory Flexibility Analysis (PRIA)for the proposed hazardous waste

operations and emergency responsestandard. This analysis includes a profileof tile industries that would be affected,the estimated number of employees whowould be at risk from occupationalexposures to hazardous wastes,technological feasibility, costs, benefits,and an overall economic impact of theproposed standard. The PRIA isavailable in the OSHA Docket Office.

Data Sources. The primary sources ofinformation for this analysis are anApril 1986 report by The EasternResearch Group (ERG) entitled,“Preparation of Data to Support ARegulatory Analysis and EnvironmentalAssessment of the Proposed Standard forWorking at Hazardous Waste Sites.”Most of the information contained in thisreport was gathered from EnvironmentalProtection Agency sources, industrysources, experts in the area of hazardouswaste management, etc. OSHAwelcomes additional comments and allinformation supplied will be carefullyrenewed and evaluated for incorporationinto the Regulatory Impact Analysis(RIA) that will accompany the final rule.

Industry Profile. The proposedstandard would affect about 20,000uncontrolled hazardous waste sites, about4,000 hazardous waste operationsconducted under the ResourceConservation and recovery Act (RCRA)of 1976, about 13,600 spills of hazardousmaterials that occur annually outside afixed facility, and about 11,000 spills ofhazardous materials that annually occurinside a fixed facility. The firms thatwould be affected by this proposedstandard are as follows; about100 contractors that perform hazardouswaste cleanups; about 50 engineering ortechnical services firms that performhazardous waste preliminary assessmentsor site investigations and remedialinvestigations or feasibility studies forhazardous waste site cleanups; about300 RCRA-regulated commercialtreatment, storage and disposal facilities;about 3,700 RCRA-regulated facilitiesthat are operated by a hazardous wastegenerator; about 28,000 fire departments;about 750 private hazardous materials(HAZMAT) response teams; and about22,000 manufacturers that use in-housepersonnel who respond to emergencyspills of hazardous material within thefacility.

Population at Risk. As many as1,191,950 employees may be at risk fromexposure to hazardous waste. Of these1,191,950 employees, about 12,100 areemployed at government-mandateduncontrolled hazardous waste sitecleanups, about 52,700 are employed at


RCRA-regulated facilities, about 944,500are firefighters, about 7,500 are privateHAZMAT members, and about 176,000are members of industrial fire brigadesthat provide in-plant emergencyresponses to hazardous materials spills.Most of these employees, however, donot work full-time around hazardouswaste. In fact, nearly all of the 1,120,500firefighters and industrial fire brigadepersonnel who are at risk are annuallyexposed to hazardous materials for only afew hours. Virtually all of the publicfirefighters will be directly regulated byeither individual state OSHA standards orthe U.S. EPA standard.

Feasibility. The proposed standarddoes not require the use of any large-scalecapital equipment that is not currentlyused in normal work operations. Inaddition, each proposed provisionrequires equipment and work practicesthat are currently available. Thus, OSHAhas preliminary determined that theproposed standard is technologicallyfeasible.

Benefits. Numerous case studiesindicate that exposures to hazardouswaste cause adverse health consequences.Compliance with the proposed standard,therefore, would prevent employeefatalities and illnesses resulting fromthese acute and chronic exposures.OSHA has not quantified the expectedreduction in the number of theseoccupational fatalities and illnessesbecause time was not sufficient toconduct field data collections on currentand future exposures to hazardous waste.The probability that a significant numberof excess fatalities and illnesses willoccur in the absence of a proposedstandard was clearly recognized byCongress in its mandate to OSHA topromulgate a standard within one yearfrom the date that the SuperfundAmendments and Regulations Act(SARA) became law. Compliance withthe proposed standard will reduce thenumber of these fatalities and injuries byreducing employee exposures tohazardous waste.


Cost of Compliance- OSHA has usedcurrent work practices as its baseline forestimating the cost of full compliancewith the proposed standard. Thisestimated cost does not include any costthat is currently being incurred by

employers being incurred by employersas part of their work practices becausethose work practices, and therefore thosecosts, would continue whether or not theproposed standard were promulgated.

future wage rates and the cost ofhazardous waste site cleanups.Regulatory Flexibility Analysis

Pursuant to the Regulatory FlexibilityAct of 1980, the Assistant Secretary haspreliminarily assessed the expectedimpacts of the proposed standard onsmall entities. Based on the availableinformation. OSHA has determined thatthe proposed standard may have someimpact upon some small entities. Thecost of training an employee for five daysprior to working at a hazardous waste sitecleanup would substantially reduce theuse of subcontractor labor on a one-timebasis. Thus, some local subcontractorsface a potential reduction in hazardouswaste site cleanup work. The majority ofthis subcontracted work will probably beperformed by those subcontractors whoconcentrate upon this type of work.Subcontractors who have performedcleanup work but who do not elect totrain employees needed to qualify forfuture work will probably be excludedfrom working in this market. OSHA doesnot have information concerning theimportance of this potential loss of futurebusiness for some local subcontractors.Therefore, OSHA is solicitinginformation on this issue, and anycomments received will be carefullyreviewed and evaluated for incorporationinto the RIA that will accompany thefinal rule.

Environmental Impact Assessment—Finding of No Significant Impact

OSHA has reviewed the interim finaland proposed standards for hazardouswaste operations and emergency responseand has concluded that no significantenvironmental impacts are likely to resultfrom the promulgation of theseregulations. OSHA reserves the right toperform additional environmentalanalyses that may be appropriate as aresult of information and commentsreceived in response to this Notice.

In OSHA's December 19,1986, interimfinal rule for the protection of workersengaged in hazardous waste andemergency response operations,information, was solicited from the publicon various issues, including possibleenvironmental impacts on the regulation.To date, no comments have been receivedon the question of environmental impact.On the basis of the review detailed below,and in accordance with the requirementsof the National Environmental Policy Act(NEPA) of 1969 (42 U.S.C. 4321, etseq.), the Council on EnvironmentalQuality (CEQ) NEPA regulations(40 CFR Part 1500, et seq.), and theDepartment of Labor's implementing

TABLE A – TOTAL ANNUAL COST OF COMPLIANCE FOR THE PROPOSED STANDARD

(Millions of 1986 dollars)

Provision

Governmentmandatedcleanups ofuncontrolledwaste sites

RCRA-regulatedfacilities

Firedepartments

PrivateHAZMAT

teams

Firebrigades

Total

Monitoring ........... 2.608 ........................... ............................... ....................... ..................... 2.608

Medical.................

Training

1.262 13.886 ............................... 1.463 ..................... 16.611

(Direct)............... (3.148) (6.929) (24.052) (0.317) (19.526) (53.982)

(Indirect) ............ (17.500) (--) (--) (--) (--) (17.500)

20.648 6.929 24.052 0.317 19.526 71.482

Decontamination . 2.047 ........................... 5.687 0.627 3.529 11.890

SCBA ................... 0.225 ........................... 4.250 0.228 4.979 4.682

EmergencyResponse Plans.......

......................... 0.157 3.341 0.098 1.819 5.415

Emergency PlanRehearsal..........

......................... 1.320 ............................... ............................ ..................... 1.320

OperatingProcedures .......

......................... 0.426 ............................... ............................ ..................... 0.426

Plan to MinimizeExposure ..........

......................... .................... 5.707 0.153 3.084 8.944

PPE Plan............... ......................... .................... 5.376 0.055 1.840 7.271

TECP.................... ......................... .................... 11.200 0.155 ..................... 11.355

Other..................... 1.362 .................... 0.101 0.005 ..................... 1.468

Total ..................... 28.152 22.718 59.714 3.101 34.787 148.472

Source: U.S. Department of Labor, OSHA, Office of RegulatoryAnalysis, as derived from ERG report [1,

As seen in Table A, OSHA hasestimated that the total annualizedincremental cost of full compliancewith the proposed standard would beabout $148,472 million, of which$28,152 trillion would be spent bycontractors on government-mandateduncontrolled hazardous waste sitecleanups, $22,718 million would bespent by operators on RCRA-regulated facility cleanups andoperations, $59,714 million would bespent by fire departments,$3,101 million would be spent byprivate HAZMAT teams, and$34,787 million would be spent byindustrial fire brigades.

Although OSHA's proposedstandard does not directly cover stateand local government employees.SARA requires that the U.S. EPAadopt the standard to cover state andlocal government employees innon-state plan states, anal the OSHAct requires that state plan statesadopt a comparable standard to coverstate and local governmentemployees. Thus, virtually all of the$59,714 million cost to firedepartments will be directly mandatedby either the individual states or theU.S EPA.

The provision with the largest annualcost of compliance is the employeetraining provision ($71.482 million),followed by the medical surveillanceprovision ($16.611 million), the provisionrequiring the decontamination of personneland equipment ($11.890 million), and theprovision governing the use of totallyencapsulating chemical protective (TECP)suits ($11.355 million).

Economic Impacts. Most of theincremental cost of compliance will bepaid by the government or the private firmresponsible for the hazardous wastecleanup, and OSHA has calculated that it iseconomically feasible for every affectedindustry or group to comply with theproposed standard. There may be animpact upon some labor markets as aconsequence of the proposed provision thatonly sufficiently experienced employees,or employees certified to have received aweek's training at an appropriate trainingfacility, will be allowed to work onhazardous waste site. This proposedprovision would effectively curtail thecurrent practice of using localsubcontractors to provide short-termemployees for hazardous waste sitecleanups and limit the number ofemployees eligible to work at hazardouswaste sites. This, in turn, may increase


regulations for NEPA compliance(29 CFR Part 11), the Assistant Secretaryhas determined that the proposed rule willnot have a significant impact on theexternal environment.

The preceding description of theproposed standard and its supportingrationale, together with the followingdiscussion, constitute OSHA'senvironmental assessment and finding ofno significant impact.

In most OSHA regulatory actions, twoenvironments may be affected: (1) theworkplace environment, and (2) thegeneral human environment external tothe workplace, including impacts on airand water pollution, solid waste, andenergy and land use. The proposal forhazardous waste operations, however, isunique in that it focuses on the externalenvironment because during theseoperations, the workplace and theexternal environment are usually one andthe same. The proposed rule is alsounusual in that it is the first regulationsince the passage of the OccupationalSafety and Health Act of 1070 (the Act)to be mandated specifically by Congressunder Section 126 of the SuperfundAmendments and Reauthorization Act of1986 (SARA). As indicated in earliersections of this Notice, the provisions ofSection 126 detail those protection thatOSHA must include for workers athazardous waste and emergency responseoperations. For example, Section 126requires that provisions for site analysis,training, and medical surveillance, amongother, be included in the proposed rule.In addition, there is a wide range ofOSHA, EPA, and other standards thatalready apply to some activities thatoccur at hazardous waste sites and duringemergency response operations. Forexample, there are existing OSHAstandards that cover constructionactivities, onsite machinery andequipment, selection and use of personsprotective equipment, handling of toxicand explosive materials, and generalenvironmental and safety issues such aswalking-working surfaces, noise, andillumination. Moreover, the interim finaland proposed rules, in many instances,either reflect OSHA regulations,procedures adopted by other federalagencies (e.g., EPA) or practices that arecommonly used by those knowledgeablein hazardous waste and emergencyresponse operations. To illustrate,Subsection (j)(6) of the proposed standardrequires special controls for handlinglaboratory waste packs, and thesecontrols have already become acceptedpractice during such operations. To theextent that existing standards, rules, or

standard operating procedures areincorporated into this rule, no significantchange in the environment is anticipated.

As the interim final and proposed ruleslargely follow current operating practices,and the technology is available toimplement the OSHA provisions,compliance is not anticipated to be adifficulty. For example, section (c)(4)(iii)of the interim final rule proposes that ifpreliminary site evaluation cannotidentify hazards or suspected hazards atthe site, a Level B ensemble of personalprotective equipment shall be used anddirect-reading instruments shall also becarried. OSHA analysis indicates thatthese procedures are already acceptedindustry practice.

Potential Positive EnvironmentalEffects. While OSHA does not anticipateany significant environmental effects as aresult of this proposal, there is a potentialfor some beneficial impacts. In general,the work practices and proceduresrequirements of the proposal improveworker effectiveness and reduce theincidence of employee injury. Theirindirect result should be to reduce thelikelihood of environmental releases ofhazardous materials. (Virtually allprovisions of the proposed standard canbe categorized in this manner, becauseonce they are implemented, they willhave a positive influence on workersafety and performance.) Because theserequirements also provide guidance forroutine reactions to situationsencountered in emergencies, they mayhelp to reduce the severity of suchemergencies. Additional potentiallypositive impacts might be categorized asfollows: (1) Direct benefits associatedwith reduced incidences in, or theseverity of, the release of hazardousmaterials, and (2) indirect benefitsassociated with the improved flow ofinformation and increased workerawareness of hazardous materials or withimproved worker preparedness (either fornormal site operations or for unexpectedaccidents). The following discussionhighlights those provisions withpotentially beneficial environmentaleffects.

Paragraph (h)—Monitoring

The requirements of this provision willincrease the amount of monitoring forairborne hazardous substances atuncontrolled hazardous waste sites. Insome cases, hazardous materials will bedetected, and steps will be taken to morequickly control the release to theatmosphere, thereby providing anenvironmental benefit.

Paragraph (j)—Handling Drums andContainers

A number of specific requirements ofthis paragraph will result in potentiallypositive environmental impacts. Relevantsubsections include those for inspectingdrums and containers; making salvagedrums or absorbents available; Initiating aspill containment program; emptyingunsound drums and containers; requiringground penetrating radar; anddecontamination procedures. These arediscussed briefly in the followingsections.

Inspection of drums/containers beforemoving [(j)(1)(ii)]. This section wouldrequire that drums and containers beinspected for their integrity prior tohandling and moving. Under currentpractices at hazardous waste clean-upsites drums and containers are oftenhandled with mechanized equipment(e.g., a barrel grapple on a backhoe arm)before being inspected; if unsound drumsrupture or leak, any soil contaminated bythe rupture or leak is removed fordisposal upon completion of drumhandling operations. The proposedprovision will, through workerawareness, increase the probability ofaverting ruptures and leakage. Inaddition, any hazardous materials incontainers that cannot be moved withoutrupturing will have to be transferred tosafe containers (as required in (j)(1)(vii)),with obvious positive environmentaleffect. These procedures should reducethe volume of contaminated soil requiringdisposal; they should also lower thepossibility that leachate or runoff willcarry contaminants offsite. Thisrequirement does not have an impact onemergency response actions because theroutines outlined are already standardprocedure.

Availability of salvage drums/absorbents [(j)(1)(vi)]. This provisionspecifies that salvage drums or containersas well as suitable amounts of properabsorbent be kept available for use inareas where spills, leaks, or rupturesmight occur. This requirement will resultin increased availability of salvage drumsand spill absorbents at uncontrolledhazardous waste sites and in emergencyresponse situations where spills areimminent, thereby reducing theenvironmental consequences related tospills of hazardous materials. In thoseinstances where salvagedrums/absorbents would have beeninadequate without this requirement,there is a potential benefit to theenvironment.


Implement a spill containmentprogram [(j)(1)(vii)]. The purpose of thisprovision is to develop a program to beimplemented, in the event of a majorspill, that would contain and isolatehazardous materials being transferred intocontainers and drums. To the extent thatthis program is implemented, there is apotential for reducing the negativeenvironmental effects that occur as aresult of spills, leakage, etc. Thisrequirement should reduce theenvironmental impact of potential spillsat clean-up sites.

Empty unsound drums/containers[(j)(1)(viii)]. Unsound containers oftenrupture during handling operations. Thisprovision requires that drums andcontainers that cannot be moved withoutspillage, leakage, or rupture be emptiedinto a sound container. This requirementshould reduce the incidence of drum andcontainer rupture and would provideconcomitant environmental benefits.

Use of ground penetrating radar toestimate depth and location of containers[(j)(1)(ix)]. At present, when preliminaryinvestigations at hazardous waste sitesindicate that buried drums or containersmay be present, ground penetratingsystems are frequently used to determinethe depth and location of the drums. Therequirements of this provision will verylikely cause an increase in the use ofthese systems, thereby reducing thenumber of instances in which buriedcontainers would go undetected or whereundetected containers would beaccidentally ruptured during excavationactivities. Where it applies, therequirement will help prevent accidentalruptures and spills, improve thethoroughness of remedial actions, andbenefit the site environment.

Develop decontamination procedures[(k)]. The requirement to clean anddecontaminate equipment, personnel, andpersonal protective equipment willprevent the migration of hazardoussubstances out of the worksite, therebybenefiting the surrounding environment.It will also eliminate or minimize thecontamination of personnel.Decontamination is already standard'practice at most cleanup sites.

Inform Contractors of ExistingHazards [(b)(15)]. Under this provision,contractors are to be informed of any"fire, explosion, health or other safetyhazards" that are present. By ensuringthat contractors know the location andnature of site hazards, this requirementreduces the possibility that contractoractivities will result in inadvertentreleases or spills of hazardous materials.

Gather Information Before Site Entry[(c)(3)]. Among the variousrequirements for site evaluation are thosefor information to be gathered regardingthe (a) pathways for hazardous substancedispersion, and (b) status and capabilityof emergency response teams. Theseprocedural requirements will result in anincreased ability to predict and preventmovement offsite of hazardous materials,mitigate emergency situations quicklyand effectively, and reduce the possibilityor severity of contaminant release. Sincethe requirements of this section mirrorcurrent practices, compliance should beaccomplished with little difficulty.

Provide worker training [(e)]. Trainingis required for all workers who are, orcould be, exposed to hazardoussubstances, health hazardous, or safetyhazards. In addition, all managers orsupervisors responsible for employees athazardous waste operations must receivepreparatory training. This trainingassures that site activities will be carriedout by qualified personnel, with theknowledge and ability to fulfill their jobfunctions in a safe and responsiblemanner. To the extent that this occurs,there is a potential benefit to theenvironment (in emergency responsesituations, this training should assure amore efficient and effective cleanup ofhazardous materials or a quicker responseto avert further hazardous materialreleases).

Informational programs [(i)]. Theseprovisions include requirements for a sitesafety and health plan, pre-entrybriefings, and site inspections. The siteplan provides information on keypersonnel, risk analyses for each site taskand operation, employee trainingassignments, personal protectiveequipment, medical surveillance,frequency and types of air monitoring,personal monitoring, and environmentalsampling techniques, site controlmeasures, decontamination procedures,standard operating procedures,emergency response contingency plans,and entry procedures for confined spaces.These requirements will not directlyaffect the existing environment; theirpurpose is to provide workers with theinformation necessary to carry out theiractivities safely. To the extent that thisoccurs, there is a potential benefit to theenvironment. For example, implementingcomprehensive site plans could reducethe incidence of accidental releases ofhazardous materials. Similarly, requiringpre-entry briefings will reduce thelikelihood of employees unknowinglyencountering contaminants or allowingtheir improper release or disposal.

Emergency response plan [(l)(1)]. Thedevelopment and implementation of aresponse plan for emergencies provide forgreater worker preparedness. Inemergencies, workers should be able torespond more quickly and effectively,thereby benefiting the environment.

Potentially negative impacts. Finally,it is necessary to consider the potentialfor adverse impacts to the environmentthat might occur as a result of theproposed standard. In some situations,there may be a potential for negativeeffects on the environment. Anypotential negative impacts, however, arenot expected to be significant. Toillustrate, negative impacts may occur ifthere is an increase in the time required toimplement specific cleanup and spillresponse activities, or to implement safework practices or procedures required bythe proposal. Any such effects are likelyto be negligible, however. For example,for CERCLA sites where site plans havenot been developed there could be apotential negative impact as result of thetime it might take to develop such a plan.In these cases, however, since sitecleanup activities are carried out on aspecific EPA timetable, it is notanticipated that OSHA requirements willalter these time frames. In fact, OSHA'sintent was expressed clearly in thepreamble to the interim final rule: “. . . Itis not OSHA's intention that emergencyactions necessary to protect the publicsafety and health be prevented because ina particular circumstance it is not feasibleto carry out particular requirements ofthis standard in the time needed torespond to the emergency." Inemergency response situations, therefore,OSHA work practices and proceduresshould not cause significant delays inresponse or slow the mitigation ofenvironmental effects because, in mostcases, response teams already haveestablished operating procedures similarto those in OSHA's proposed rule.

Another potential negative impact mayresult from the requirement that salvagedrums and absorbents be readilyavailable. This may increase the numberof repacked hazardous waste drums andthe amount of spent absorbent used,which could add to the amount ofmaterial that would require safe disposal.Similarly, the requirement forimplementation of properdecontamination procedures for allequipment, personal protective gear, andpersonnel at hazardous wasteemergencies, cleanup sites, and RCRAsites may result in an increase in thefrequency and use of decontaminationmaterials. This, in turn, could generate a


larger volume of spent decontaminationfluids which would then require properhandling and disposal. Again, any suchimpact should be negligible sincedecontamination is largely standardprocedure for most hazardous wasteoperations. A possible exception may beduring activities that take place in theearly stages of site evaluation beforecleanup, or at spill responses, wheredecontamination procedures are not yetstandardized.

Conclusion. To the extent that theproposed work practices and proceduresare implemented, increased workerawareness and preparedness will result ina safer and more healthful workenvironment, which may indirectlybenefit the environment. Any negativeimpacts that may occur as a result of theimplementation of these work practices orprocedures are expected to be negligible.Based upon this assessment and theinformation presented earlier in thepreamble, OSHA concludes that nosignificant environmental changes areanticipated as a result of the proposal.OSHA will review any comments orinformation received in response to thisNotice and reserves the right to performadditional environmental analysis, ifnecessary.

V1. International Trade

OSHA has evaluated the potentialimpact that this proposed standard wouldhave upon international trade. OSHA hasdetermined that the proposed standardwould have a minimal potential impactupon the prices of products, so that therewould be no effective change in the levelof exported or imported products.

VII. Recordkeeping

The proposed standard contains"collection of information"(recordkeeping) requirements pertainingto preparation of a written safety andhealth plan, site characterization andanalysis, site control, training, medicalsurveillance, emergency controls, workpractices, PPE, monitoring, informationalprograms, handling drums and containers,decontamination, emergency responseplanning, and emergency response drills.In accordance with 5 CFR Part 1320(Controlling Paperwork Burdens on thePublic), OSHA has submitted theproposed recordkeeping requirements tothe Office of Management and Budget(OMB) for review under section 3504(h)of the Paperwork Reduction Act.Comments regarding the proposedrecordkeeping requirements may bedirected to the Office of Information andRegulatory Affairs, OMB, Attention:

Desk Officer of the Occupational Safetyand Health Administration, Washington,DC 20503.

VIII. State Plan States

This Federal Register documentproposes to amend an interim final rule§ 1910.120, "Hazardous WasteOperations and Emergency Response") inSubpart H of 29 CFR Part 1910, OSHA'sgeneral industry standards on hazardousmaterials. The 25 States with their ownOSHA approved occupational safety andhealth plans must develop a comparablestandard applicable to both the privateand public (State and local governmentemployees) sectors within six months ofthe publication date of a permanent finalrule or show OSHA why there is no needfor action, e.g., because an existing statestandard covering this area is already "atleast as effective" as the new Federalstandard. These states are Alaska,Arizona, California, Connecticut (forstate and local government employeesonly), Hawaii, Indiana, Iowa, Kentucky,Maryland, Michigan, Minnesota, Nevada,New Mexico, New York (for state andlocal government employees only), NorthCarolina, Oregon, Puerto Rico, SouthCarolina, Tennessee, Utah, Vermont,Virginia, Virgin Islands, Washington, andWyoming. After the effective date of afinal Federal rule, until such time as astate standard is promulgated. FederalOSHA will provide interim enforcementassistance, as appropriate, in these states.

IX. Public Participation—PublicHearings

Interested persons are invited to submitwritten data, views, and arguments withrespect to OSHA's proposed rule. Thesecomments must be postmarked on orbefore October 5, 1987 and submitted inquadruplicate to the Docket Officer,Docket S-760A, Room N-3670, U.S.Department of Labor, Washington, DC20210. Written submissions must clearlyidentify the specific provisions of theproposal which are addressed and theposition taken with respect to each issue.

The data, views, and arguments thatare submitted will be available for publicinspection and copying at the aboveaddress. All timely submissions receivedwill be made a part of the record of thisproceeding. The preliminary regulatoryimpact assessment, regulatory flexibilityassessment, and the exhibits cited in thisdocument will be available for publicinspection and copying at the aboveaddress. OSHA invites commentconcerning the conclusions reached in theeconomic impact assessment.

OSHA recognizes that there may beinterested persons who, through theirknowledge of safety or their experiencein the operations involved, would wish toendorse or support certain provisions ofthe standard. OSHA welcomes suchsupportive comments, including anypertinent accident data or costinformation which may be available, inorder that the record of this rulemakingwill present a balanced picture of thepublic response on the issues involved.

Notice of Intention to Appear at theInformal Hearings

Pursuant to section 6(b)(3) of theOSHA Act, informal public hearings willbe held on this proposal as follows (seethe beginning of this notice for specificaddresses):

October 13-16 and 20-23, 1987;Washington, DC

October 27-30, 1987; San Francisco, CA

Persons desiring to participate at theinformal public hearing must file a noticeof intention to appear by September 21,1987. The notice of intention to appearmust contain the following information:

1. The name, address, and telephonenumber of each person to appear;

2. The capacity in which the personwill appear;

3. The city where the person intends toappear;

4. The approximate amount of timerequired for the presentation;

5. The specific issues that will beaddressed;

6. A detailed statement of the positionthat will be taken with respect to eachissue addressed; and

7. Whether the party intends to submitdocumentary evidence and, if so, adetailed summary of the evidence.

Filing of Testimony and Evidence Beforethe Hearing

Any party requesting more than ten(l0) minutes for presentation at theinformal public hearing, or who willsubmit documentary evidence, mustprovide in quadruplicate, the completetext of testimony including alldocumentary evidence to be presented atthe informal public hearing. Thesematerials must be provided toMr. Thomas Hall, OSHA Division ofConsumer Affairs at the address given inthe "ADDRESSES" section of this noticeby October 5, 1987.

Each submission will be reviewed inlight of the amount of time request in the


Notice of Intention to Appear. Ininstances where the informationcontained in the submission dues notjustify the amount of time requested, amore appropriate amount of time will beallocated and the participant will benotified of that fact prior to the informalpublic hearings.

Any party who has not substantiallycomplied with the above requirementmay be limited to a ten-minutepresentation and may be requested toreturn for questioning at a later time.

Any party who has not filed a notice ofintention to appear may be allowed totestify, as time permits, at the discretionof the Administrative Law judge, but willnot be allowed to question witnesses.

Notices of intention to appear,testimony and evidence will be availablefor inspection and copying at the DocketOffice, Docket S-760A, U.S. Departmentof Labor, Occupational Safety and HealthAdministration, Room N-3670,200 Constitution Avenue, NW.,Washington, DC 20210. (202) 523-7894.

Conduct of Hearings

The informal public hearings willcommence at 9:30 a.m. at the scheduledlocations with the resolution of anyprocedural matters relating to theproceeding. The informal public hearingwill be presided over by anAdministrative Law Judge who will havethe power necessary and appropriate toconduct a full and fair informal publichearing as provided in 29 CFR Part 1911,include the power to:

1. Regulate the course of theproceedings;

2. To dispose of procedural requests,objections and comparable matters;

3. To confine the presentation to thematters pertinent to the issues raised;

4. To regulate the conduct of thosepresent at the informal public hearing byappropriate means;

5. In the Judge's discretion, to questionand permit questioning of any witness;and

6. In the Judge's discretion to keep therecord open for a reasonable time toreceive written information andadditional data, views, and argumentsfrom any person who has participated inthe oral proceedings.

Following the close of the informalpublic hearing, the presidingAdministrative Law judge will certify therecord of the informal public hearing tothe Assistant Secretary of Labor forOccupational Safety and Health. The

notice of proposed rulemaking will bereviewed in light of all testimony andwritten submissions received as part ofthe record, and the proposed standard willbe modified or a determination will bemade not to modify the proposedstandard based on the entire record of theproceeding.

List of Subjects in 29 CFR Part 1910

Containers, Drums, Emergencyresponse, Flammable and combustibleliquids, Hazardous materials, Hazardoussubstances, Hazardous wastes,Incorporation by reference, Materialshandling and storage, Personal protectiveequipment, Storage areas, Training,Waste disposal.

Authority

This document has been preparedunder the direction of John A.Pendergrass, Assistant Secretary of Laborfor Occupational Safety and Health, U.S.Department of Labor, 200 ConstitutionAvenue NW., Washington, DC 20210.Pursuant to section 126 of the SuperfundAmendments and Reauthorization Act of1986 (Pub. L. 99-499), sections 6 and 8of the Occupational Safety and HealthAct of 1970 (29 U.S.C. 655, 657),section 4 of the AdministrativeProcedures Act (5 U.S.C. 553), 29 CFRPart 1911 and Secretary of Labor's Order9-83 (48 FR 35736), it is proposed toamend 29 CFR Part 1910 by revising§ 1910.120, Hazardous WasteOperations, as set forth below.

Signed at Washington, DC this 5th dayof August 1987.

John A. Pendergrass,Assistant Secretary of Labor.

For the reasons set out in the preamble,Title 29, Part 1910, of the Code ofFederal Regulations is amended asfollows:

PART 1910—OCCUPATIONALSAFETY AND HEALTHSTANDARDS

1. The authority citation for Subpart Hof Part 1910 is proposed to be amendedby adding the following citation:Authority:* * * * *

Section 1910.120 is issued under the authority ofSection 126 of the Superfund Amendments andReauthorization Act of 1986 (Pub. L. 99-499),Sections 6 and 8 of the Occupational Safety andHealth Act of 1970 (29 U.S.C. 655, 657), sections 3and 4 of the Administrative Procedure Act (5 U.S.C.552(a), 553), 29 CFR Part 1911 and Secretary ofLabor's Order 9-83 (48 FR 35736).

2. Section 1910.120 of Title 29 of theCode of Federal Regulations is proposedto be revised to read as follows:

§ 1910.120 Hazardous wasteoperations and emergency response.

(a) Scope, application, anddefinitions—(1) Scope for operationsother than emergency response. Thissection covers employers and employeesengaged in the following operations:

(i) Operations involving hazardoussubstances that are conducted under theComprehensive Environmental Response,Compensation, and Liability Act of 1980as amended (42 U.S.C. 9601 et seq.)(CERCLA), including initialinvestigations at CERCLA sites beforethe presence or absence of hazardoussubstances has been ascertained;

(ii) Clean-up operations involvingmajor corrective actions conducted underthe Resource Conservation and RecoveryAct of 1978 as amended (42 U.S.C. 6901et seq.) (RCRA);

(iii) Operations at hazardous wastesites that have been designated for clean-up by state or local governmentalauthorities: and

(iv) Storage, treatment, and disposalfacilities involving hazardous wastesregulated under 40 CFR Parts 264 and265 pursuant to RCRA; and

(2) Scope for emergency responseoperations. This section also coversemployers whose employees have areasonable possibility of engaging inemergency response operations forreleases of, or substantial threats ofreleases of, hazardous substances withoutregard to the location of the hazard.

(3) Application. (i) All requirementsof Part 1910 and Part 1926 of Title 29 ofthe Code of Federal Regulations applypursuant to their terms to hazardouswaste operations whether covered by thissection or not. In addition, the provisionsof this section apply to operationscovered by this section. If there is aconflict or overlap, the provision moreprotective of employee safety and healthshall apply without regard to 29 CFR1910.5(c)(1).

(ii) All paragraphs of this sectionexcept paragraph (o) apply to operationsinvolving hazardous substancesconducted under CERCLA, majorcorrective actions taken in clean-upoperations under RCRA, and hazardouswaste operations that have beendesignated for clean-up by state or localgovernmental authorities.

(iii) Only the requirements ofparagraphs (1) and (o) of this sectionapply to those operations involvinghazardous waste treatment, storage, and


disposal facilities regulated under 40 CFRParts 264 and 265.

Exceptions: For small quantity generators andgenerators with less than 90 days accumulation ofhazardous wastes who have emergency responseteams that respond to releases of, or substantialthreats of releases of, hazardous substances, onlyparagraph (l) is applicable. Small quantity generatorsand generators with less than 90 days accumulation ofhazardous wastes who do not have emergencyresponse teams that respond to releases of, orsubstantial threats of releases of, hazardoussubstances are exempt from the regulations of thissection.

(iv) Paragraph (l) of this sectionapplies to all emergency responseoperations for releases of, or substantialthreats of releases of, hazardoussubstances including those releases of orsubstantial threats of releases that occurat worksites other than those sitesidentified in paragraphs (a)(2)(i) through(a)(2)(iii) of this section.

(4) Definitions. "Buddy system" meansa system of organizing employees intowork groups in such a manner that eachemployee of the work group is designatedto observe the activities of at least oneother employee in the work group. Thepurpose of the buddy system is to providerapid assistance to those other employeesin the event of an emergency.

"Decontamination" means the removalof hazardous substances from employeesand their equipment to the extentnecessary to preclude the occurrence offoreseeable adverse health affects.

"Emergency response" means acoordinated response effort by employeesfrom outside the immediate release areaor by outside responders (i.e., mutual-aidgroups, local fire departments, etc.) to anoccurrence which results, or is likely toresult, in an uncontrolled release of ahazardous substance. Responses toincidental releases of hazardoussubstances where the substance can beabsorbed, neutralized, or otherwisecontrolled at the time of release byemployees in the immediate release areaare not considered to be emergencyresponses within the scope of thisstandard. Responses to releases ofhazardous substances where theconcentration of a hazardous substance isbelow the established permissibleexposure limits established in thisstandard are not considered to beemergency responses.

"Established exposure levels" meansthe inhalation or dermal permissibleexposure limit specified in 29 CFRPart 1910, Subpart Z; or if none isspecified, the exposure limits in "NIOSHRecommendations for OccupationalHealth Standards" dated 1986incorporated by reference, or if neither ofthe above is specified, the standards

specified by the American Conference ofGovernmental Industrial Hygienists intheir publication "Threshold Limit Valuesand Biological Exposure Indices for1986-87" dated 1986 incorporated byreference. The two documentsincorporated by reference are availablefor purchase from the following:

NIOSH, Publications Dissemination,Division of Standards Developmentand Technology Transfer, NationalInstitute for Occupational Safety andHealth, 4676 Columbia Parkway,Cincinnati, OH 45226, (513)841-4287.

American Conference of GovernmentalIndustrial Hygienists, 6500 GlenwayAve., Building D-7, Cincinnati, OH45211-4438, (513) 661-7881

and are available for inspection andcopying at the OSHA Docket Office,Docket No. S-760, Room N-3671,200 Constitution Ave., NW., Washington,DC 20210.

"Facility" means (A) any building,structure, installation, equipment, pipe orpipeline (including any pipe into a seweror publicly owned treatment works), well,pit, pond, lagoon, impoundment, ditch,storage container, motor vehicle, rollingstock, or aircraft, or (B) any site or areawhere a hazardous substance has beendeposited, stored, disposed of, or placed,or otherwise come to be located; but doesnot include any consumer product inconsumer use or any vessel.

"Hazardous materials (HAZMAT)team" means an organized group ofemployees, designated by the employer,who are knowledgeable and specificallytrained and skilled to handle and controlleaking containers or vessels, use andselect special chemical protectiveclothing and perform other dutiesassociated with accidental releases ofhazardous substances. The teammembers perform responses to releases ofhazardous substances for the purpose ofcontrol or stabilization of the release. AHAZMAT team is not a fire brigade noris a typical fire brigade a HAZMATteam. A HAZMAT team, however, maybe a separate component of a fire brigade.

"Hazardous substance" means anysubstance designated or listed under (A)through (D) below, exposure to whichresults or may result in adverse affects onthe health or safety of employees:

(A) Any substance defined undersection 101(14) of CERCLA;

(B) Any biological agent and otherdisease-causing agent as defined insection 104 (33) of CERCLA;

(C) Any substance listed by the U.S.Department of Transportation ashazardous materials under 49 CFR172.101 and appendices; and

(D) Hazardous waste.

"Hazardous waste" means (A) a wasteor combination of wastes as defined in40 CFR 261.3, or (B) those substancesdefined in 49 CFR 171.8.

"Hazardous-waste operation" meansany operation conducted within the scopeof this standard involving employeeexposure to hazardous wastes, hazardoussubstances, or any combination ofhazardous wastes and hazardoussubstances.

"Hazardous waste site" or "site" meansany facility or location within the scopeof this standard at which hazardous wasteoperations take place.

''Health hazard" means a chemical,mixture of chemicals or a pathogen forwhich there is statistically significantevidence based on at least one studyconducted in accordance with establishedscientific principles that acute or chronichealth effects may occur in exposedemployees. The term "health hazard"includes chemicals which arecarcinogens, toxic or highly toxic agents,reproductive toxins, irritants, corrosives,sensitizers, hepatotoxins, nephrotoxins,neurotoxins, agents which act on thehematopoietic system, and agents whichdamage the lungs, skin, eyes, or mucousmembranes. Further definition of theterms used above can be found inAppendix A to 29 CFR 1910.1200.

"IDLH" or "Immediately dangerous tolife or health" means an atmosphericconcentration of any toxic, corrosive orasphyxiant substance that poses animmediate threat to life or would causeirreversible or delayed adverse healtheffects or would interfere with anindividual's ability to escape from adangerous atmosphere.

"Oxygen deficiency" means thatconcentration of oxygen by volumebelow which air supplying respiratoryprotection must be provided. It exists inatmospheres where the percentage ofoxygen by volume is less than19.5 percent oxygen.

"Permissible exposure limit" means theinhalation or dermal permissible exposurelimit specified in 29 CFR Part 1910,Subpart Z.

"Post emergency response" means thatportion of an emergency responseperformed after the immediate threat of arelease has been stabilized or eliminatedand clean-up of the site has begun. Ifpost emergency response is performed by


an employer's own employees as acontinuation of initial emergencyresponse, it is considered to be part of theinitial response and not post emergencyresponse.

"Qualified person" means a personwith specific training, knowledge andexperience in the area for which theperson has responsibility.

"Site safety and health supervisor (orofficial)" means the individual located ona hazardous waste site who is responsibleto the employer and has the authority andknowledge necessary to implement thesite safety and health plan and verifycompliance with applicable safety andhealth requirements.

"Small quantity generator" means agenerator of hazardous wastes who in anycalendar month generates no more than1000 kilograms (2210 pounds) ofhazardous waste in that month.

(b) General requirements—(1) Safetyand health program—(i) General.Employers shall develop and implement awritten safety and health program fortheir employees involved in hazardouswaste operations. The program shall bedesigned to identify, evaluate, and controlsafety and health hazards and provide foremergency response for hazardous wasteoperations. The program shall incorporateas separate chapter the following:

(A) Organizational structure chapter;

(B) A comprehensive workplanchapter; and

(C) A site-specific safety and healthplan chapter.

(ii) Organizational structure chapter.

(A) The organizational structure chaptershall establish the specific chain ofcommand and specify the overallresponsibilities of supervisors andemployees. It shall include at aminimum, the following elements:

(1) A general supervisor who has theresponsibility and authority to direct allhazardous waste operations.

(2) A site safety and health supervisorwho has the responsibility and authorityto develop and implement the site safetyand health plan and verify compliance.

(3) All other personnel needed forhazardous waste site operations andemergency response and their generalfunctions and responsibilities.

(4) The lines of authority,responsibility, and communication.

(B) The organizational structure shallbe reviewed and updated as necessary toreflect the current status of waste siteoperations.

(C) The original organizationalstructure plan and any changes to theoverall organizational structure shall bemade available to all affected employees.

(iii) Comprehensive workplan chapter.The comprehensive workplan chaptershall address the tasks and objectives ofsite operations and the logistics andresources required to reach those tasksand objectives.

(A) The comprehensive workplan shalladdress anticipated clean-up activities aswell as normal operating procedures.

(B) The comprehensive workplan shalldefine work tasks and objectives andidentify the methods for accomplishingthose tasks and objectives.

(C) The comprehensive workplan shallestablish personnel requirements forimplementing the plan.

(D) The comprehensive workplan shallprovide for the implementation of thetraining required in paragraph (e) of thissection.

(E) The comprehensive workplan shallprovide for the implementation of therequired informational programs requiredin paragraph (i) of this section.

(F) The comprehensive workplan shallprovide for the implementation of themedical surveillance program describedin paragraph (f) of this section.

(iv) Site-specific safety and health planchapter. The site safety and health plan,which is part of the overall safety andhealth program shall be available on thesite for inspection by employees, theirdesignated representatives, and OSHApersonnel, shall address the safety andhealth hazards of each phase of siteoperation; and include the requirementsand procedures for employee protection.

(A) The site safety and health plan, asa minimum, shall address the following:

(1) Names of key personnel andalternates responsible for site safety andhealth, including a site safety and healthsupervisor.

(2) A safety and health risk or hazardanalysis for each site task and operationfound in the workplan.

(3) Employee training assignments toassure compliance with paragraph (e) ofthis section.

(4) Personal protective equipment to beused by employees for each of the sitetasks and operations being conducted asrequired by the personal protectiveequipment program in paragraph (g)(5) ofthis section.

(5) Medical surveillance requirementsin accordance with the program inparagraph (f) of this section.

(6) Frequency and types of airmonitoring, personnel monitoring, andenvironmental sampling techniques andinstrumentation to be used includingmethods of maintenance and calibrationof monitoring and sampling equipment tobe used.

(7) Site control measures in accordancewith the site control program required inparagraph (d) of this section.

(8) Decontamination procedures inaccordance with paragraph (k) of thissection.

(9) An emergency response planmeeting the requirements ofparagraphs (l)(1)(i) and (l)(1)(ii) of thissection for safe and effective responses toemergencies, including the necessary PPEand other equipment.

(10) Confined space entry procedures.

(B) Pre-entry briefings shall be heldprior to initiating any site activity and atsuch other times as necessary to ensurethat employees are apprised of the sitesafety and health plan and that this plan isbeing followed.

(C) Inspections shall be conducted bythe site safety and health supervisor or, inthe absence of that individual, anotherindividual acting on behalf of theemployer as necessary to determine theeffectiveness of the site safety and healthplan. Any deficiencies in theeffectiveness of the site safety and healthplan shall be corrected by the employer.

(11) When major spills may beanticipated due to the type of workinvolved, a spill containment programmeeting the requirements ofparagraph (j)(1) of this section shall beincluded.

(2) Site excavation. Site excavationscreated during initial site preparation orduring hazardous waste operations shallbe shored or sloped as appropriate toprevent accidental collapse in accordancewith Subpart P of 29 CFR Part 1926.

(3) Contractors and sub-contractors.(i) An employer who retains contractor orsub-contractor services for work inhazardous waste operations shall informthose contractors, sub-contractors, ortheir representatives of any potential fire,explosion, health, safety or other hazardsof the hazardous waste operation thathave been identified by the employerincluding the employer's informationprogram.

(ii) The safety and health programrequired in paragraph (b)(1) of this


section shall be made available to anysubcontractor or its representative whowill be involved with the hazardous wasteoperation and employees, their designatedrepresentatives, and OSHA personnel.

(c) Site characterization and analysis.Hazardous waste sites shall be evaluatedin accordance with this paragraph toidentify specific site hazards and todetermine the appropriate safety andhealth control procedures needed toprotect employees from the identifiedhazards.

(1) A preliminary evaluation of a site'scharacteristics shall be performed prior tosite entry by a qualified person in order toaid in the selection of appropriateemployee protection methods prior to siteentry. Immediately after initial site entry,a more detailed evaluation of the site'sspecific characteristics shall be performedby a qualified person in order to furtheridentify existing site hazards and tofurther aid in the selection of theappropriate engineering controls andpersonal protective equipment for thetasks to be performed.

(2) All suspected conditions that maypose inhalation or skin absorption hazardsthat are immediately dangerous to life orhealth (IDLH) or other conditions thatmay cause death or serious harm, shall beidentified during the preliminary surveyand evaluated during the detailed survey.Examples of such hazards include, but arenot limited to, confined space entry,potentially explosive or flammablesituations, visible vapor clouds, or areaswhere biological indicators such as deadanimals or vegetation are located.

(3) The following information to theextent available shall be obtained by theemployer prior to allowing employees toenter a site:

(i) Location and approximate size ofthe site.

(ii) Description of the response activityand/or the job task to be performed.

(iii) Duration of the planned employeeactivity.

(iv) Site topography.

(v) Site accessibility by air and roads.

(vi) Pathways for hazardous substancedispersion.

(vii) Present status and capabilities ofemergency response teams that wouldprovide assistance to hazardous wasteclean-up site employees at the time of anemergency.

(viii) Hazardous substances and healthhazards involved or expected at the siteand their chemical and physicalproperties.

(4) Personal protective equipment(PPE) shall be provided and used duringinitial site entry in accordance with thefollowing requirements:

(i) Based upon the results of thepreliminary site evaluation, an ensembleof PPE shall be selected and used duringinitial site entry which will provideprotection to a level of exposure belowestablished permissible exposure limitsfor known or suspected hazardoussubstances and health hazards, and whichwill provide protection against otherknown and suspected hazards identifiedduring the preliminary site evaluation.

(ii) During initial site entry an escapeself-contained breathing apparatus of atleast five minutes' duration shall becarried by employees or kept available attheir immediate work station if positive-pressure self-contained breathingapparatus is not used as part of the entryensemble.

(iii) If the preliminary site evaluationdoes not produce sufficient information toidentify the hazards or suspected hazardsof the site, an ensemble providingprotection equivalent to Level B PPEshall be provided as minimum protection,and direct reading instruments shall beused as appropriate for identifying IDLHconditions. (See Appendix B for adescription of Level B hazards and therequirements for Level B protectiveequipment.)

(iv) Once the hazards of the site havebeen identified, the appropriate PPE shallbe selected and used in accordance withparagraph (g) of this section.

(5) The following monitoring shall beconducted during initial site entry whenthe site evaluation produces informationthat shows the potential for ionizingradiation or IDLH conditions, or whenthe site information is not sufficient toreasonably eliminate these possibleconditions:

(i) Monitoring for hazardous levels ofionizing radiation.

(ii) Monitoring the air with appropriatetest equipment for IDLH and otherconditions that may cause death orserious harm (combustible or explosiveatmospheres, oxygen deficiency, toxicsubstances).

(iii) Visually observing for signs ofactual or potential IDLH or otherdangerous conditions.

(6) Once the presence andconcentrations of specific hazardoussubstances and health hazards have beenestablished, the risks associated withthese substances shall be identified.Employees who will be working on the

site shall be informed of any risks thathave been identified. In situationscovered by the Hazard CommunicationStandard, 29 CFR 1910.1200, trainingrequired by that standard need not beduplicated.Note.—Risks to consider include, but are not limitedto:

a. Exposures exceeding the appropriateestablished Permissible Exposure Limits (PELs),Threshold Limit Values (TLVs), or RecommendedExposure Limits (RELs), etc.

b. IDLH Concentrations.

c. Potential Skin Absorption and IrritationSources.

d. Potential Eye Irritation Sources.

e. Explosion Sensitivity and Flammability Ranges.

(7) Any information concerning thechemical, physical, and toxicologicproperties of each substance known orexpected to be present on site that isavailable to the employer and relevant tothe duties an employee is expected toperform shall be made available to theaffected employees prior to thecommencement of their work activities.

(8) An ongoing air monitoring programin accordance with paragraph (h) of thissection shall be implemented after sitecharacterization has determined the site issafe for the start-up of operations.

(d) Site control. Appropriate sitecontrol procedures shall be implementedbefore clean-up work begins to controlemployee exposure to hazardoussubstances.

(1) A site control program forprotecting employees which is part of theemployer's safety and health programrequired in paragraph (b) of this sectionshall be developed during the planningstages of a hazardous waste operationclean-up and modified as necessary asnew information becomes available.

(2) The site control program shall, as aminimum, include: A site map; site workzones: the use of a "buddy system"; sitecommunications; the standard operatingprocedures or safe work practices; andidentification of the nearest medicalassistance.

(e) Training. Initial or review trainingmeeting the requirements of thisparagraph shall be provided to employeesbefore they are permitted to engage inhazardous waste operations that couldexpose them to hazardous substances,safety, or health hazards.

(1) All employees (such as but notlimited to equipment operators andgeneral laborers) exposed to hazardoussubstances, health hazards, or safetyhazards shall be thoroughly trained in thefollowing:


(i) Names of personnel and alternatesresponsible for site safety and health;

(ii) Safety, health and other hazardspresent on the site;

(iii) Use of personal protectiveequipment:

(iv) Work practices by which theemployee can minimize risks fromhazards;

(v) Safe use of engineering controlsand equipment on the site;

(vi) Medical surveillance requirementsincluding recognition of symptoms andsigns which might indicate overexposureto hazards; and

(vii) The contents of paragraphs (7)through (10) of the site safety and healthplan set forth in paragraph (b)(1)(iv)(A)of this section.

(2) All employees shall at the time ofjob assignment receive a minimum of40 hours of initial instruction off the site,and a minimum of three days of actualfield experience under the directsupervision of a trained, experiencedsupervisor. Workers who may be exposedto unique or special hazards shall beprovided additional training. The level oftraining provided shall be consistent withthe employee's job function andresponsibilities.

(3) On-site management andsupervisors directly responsible for, orwho supervise employees engaged in,hazardous waste operations shall receivetraining as provided in paragraph (e)(1)and (e)(2) of this section, and at leasteight additional hours of specializedtraining at the time of job assignment onsuch topics as, but not limited to, theemployer's safety and health program andthe associated employee trainingprogram, personal protective equipmentprogram, spill containment program, andhealth hazard monitoring techniques.

(4) Trainers shall be qualified toinstruct employees about the subjectmatter that is being presented in training.

Note.—Trainers can show their qualifications byhaving the knowledge or training equivalent to a levelof training higher than the level they are presenting.This may be shown by academic degrees, trainingcourses completed and/or work experience.

(5) Employees shall not be permitted toparticipate in field activities until theyhave been trained to a level required bytheir job function and responsibility.

(6) Employees and supervisors thathave received and successfully completedthe training and field experience specifiedin paragraphs (e)(1), (e)(2) and (e)(3) ofthis section shall be certified by theirinstructor as having completed thenecessary training. A written certificate

shall be given to each person so certified.Any person who has not been so certifiednor meets the requirements of paragraph(e)(9) of this section shall be prohibitedfrom engaging in hazardous wasteoperations.

(7) Employees who are engaged inresponding to hazardous emergencysituations at hazardous waste clean-upsites that may expose them to hazardoussubstances shall be trained in how torespond to expected emergencies.

(8) Employees specified inparagraph (e)(1), and managers andsupervisors specified in paragraph (e)(3)of this section, shall receive eight hoursof refresher training annually on the itemsspecified in paragraph (e)(1) and/or (e)(3)of this section and other relevant topics.

(9) Employers who can show that anemployee's work experience and/ortraining has resulted in initial trainingequivalent to that training required inparagraphs (e)(1), (e)(2), and (e)(3) ofthis section shall not be required toprovide the initial training requirementsof those paragraphs. Equivalent trainingincludes the training that existingemployees might have already receivedfrom actual site work experience.

(f) Medical surveillance. Medicalsurveillance shall be provided inaccordance with this paragraph foremployees exposed or potentiallyexposed to hazardous substances orhealth hazards or who wear respirators.

(1) Employees covered. A medicalsurveillance program which is part of theemployer's safety and health programrequired in paragraph (b) of this sectionor required in paragraphs (l)(4) or (o)(3)of this section, shall be instituted by theemployer for:

(i) All employees who are or may beexposed to hazardous substances orhealth hazards at or above the establishedexposure levels for these substances,without regard to the use of respirators,for 30 days or more a year.

(ii) All employees who wear arespirator for 30 days or more a year or asrequired by § 1910.134.

(iii) All employees who are injured dueto overexposure from an emergencyincident involving hazardous substancesor health hazards.

(2) Frequency of medical examinationsand consultations. Medical examinationsand consultations shall be made availableby the employer to each employeecovered under paragraph (f)(1) of thissection on the following schedules:

(i) For employees covered underparagraphs (f)(1)(i) and (f)(1)(ii):

(A) Prior to assignment;(B) At least once every twelve months

for each employee covered;

(C) At termination of employment orreassignment to an area where theemployee would not be covered if theemployee has not had an examinationwithin the last six months;

(D) As soon as possible uponnotification by an employee that theemployee has developed signs orsymptoms indicating possibleoverexposure to hazardous substances orhealth hazards or that the employee hasbeen exposed above the establishedexposure levels in an emergencysituation;

(E) At more frequent times, if theexamining physician determines that anincreased frequency of examination ismedically necessary.

(ii) For employees covered underparagraph (f)(1)(iii) and for all employeeswho may have been exposed during anemergency incident to hazardoussubstances at concentrations above theestablished exposure levels without thenecessary personal protective equipmentbeing used:

(A) As soon as possible following theemergency incident;

(B) Additional times, if the examiningphysician determines that follow-upexaminations or consultations aremedically necessary.

(3) Content of medical examinationsand consultations. (i) Medicalexaminations required by paragraph (f)(2)of this section shall include a medical andwork history (or updated history if one isin the employee's file with specialemphasis on symptoms related to thehandling of hazardous substances andhealth hazards, and to fitness for dutyincluding the ability to wear any requiredPPE under conditions (i.e., temperatureextremes) that may be expected at thework site.

(ii) The content of medicalexaminations or consultations madeavailable to employees pursuant toparagraph (f) shall be determined by theexamining physician.

(4) Examination by a physician andcosts. All medical examinations andprocedures shall be performed by orunder the supervision of a licensedphysician, and shall be provided withoutcost to the employee, without loss of pay,and at a reasonable time and place.

(5) Information provided to thephysician. The employer shall provideone copy of this standard and itsappendices to the examining physician,and in addition the following for eachemployee:

(i) A description of the employee'sduties as they relate to the employee'sexposures.


(ii) The employee's exposure levels oranticipated exposure levels.

(iii) A description of any personalprotective equipment used or to be used.

(iv) Information from previous medicalexaminations of the employee which isnot readily available to the examiningphysician.

(v) Information required by§ 1910.134.

(6) Physician’s written opinion. (i) Theemployer shall obtain and furnish theemployee with a copy of a writtenopinion from the examining physiciancontaining the following:

(A) The results of the medicalexamination and tests if requested by theemployee.

(B) The physician's opinion as towhether the employee has any detectedmedical conditions which would place theemployee at increased risk of materialimpairment of the employee's health fromwork in hazardous waste operations oremergency response, or from respiratorsused as required by § 1910.134.

(C) The physician's recommendedlimitations upon the employee's assignedwork.

(D) A statement that the employee hasbeen informed by the physician of theresults of the medical examination andany medical conditions which requirefurther examination or treatment.

(ii) The written opinion obtained bythe employer shall not reveal specificfindings or diagnoses unrelated tooccupational exposure.

(7) Recordkeeping. (i) An accuraterecord of the medical surveillancerequired by paragraph (f) of this sectionshall be retained. This record shall beretained for the period specified and meetthe criteria of 29 CFR 1910.20.

(ii) The record required inparagraph (f)(7)(i) of this section shallinclude at least the following information:

(A) The name and social securitynumber of the employee;

(B) Physicians' written opinions,recommended limitations, and results ofexaminations and tests;

(C) Any employee medical complaintsrelated to exposure to hazardoussubstances;

(D) A copy of the informationprovided to the examining physician bythe employer, with the exception of thestandard and its appendices.

(g) Engineering controls, workpractices, and personal protectiveequipment for employee protection.Engineering controls, work practices,personal protective equipment, or acombination of these shall beimplemented in accordance with thisparagraph to protect employees from

exposure to hazardous substances andhealth hazards.

(1) Engineering controls, workpractices and PPE for substanceregulated in Subpart Z. (i) Engineeringcontrols and work practices shall beinstituted to reduce and maintainemployee exposure to or below thepermissible exposure limits forsubstances regulated by 29 CFRPart 1910, Subpart Z, except to the extentthat such controls and practices are notfeasible.

Note.—Engineering controls which may befeasible include the use of pressurized cabs or controlbooths on equipment, and/or the use of remotelyoperated material handling equipment. Workpractices which may be feasible are removing allnon-essential employees from potential exposureduring opening of drums, wetting down dustyoperations and locating employees upwind ofpossible hazards.

(ii) Whenever engineering controls andwork practices are not feasible, PPE shallbe used to reduce and maintain employeeexposures to or below the permissibleexposure limits or dose limits forsubstances regulated by 29 CFR Part1910, Subparts G and Z.

(iii) The employer shall not implementa schedule of employee rotation as ameans of compliance with permissibledose limits except when there is no otherfeasible way of complying with theairborne or dermal dose limits forionizing radiation.

(2) Engineering controls, workpractices, and personal protectiveequipment for substances not regulated inSubpart Z. An appropriate combination ofengineering controls, work practices, andpersonal protective equipment shall beestablished to reduce and maintainemployee exposure to or belowappropriate exposure levels for hazardoussubstances and health hazards notregulated by 29 CFR Part 1910,Subparts G and Z taking into account theestablished exposure levels.

(3) Personal protective equipmentselection. (i) Personal protectiveequipment (PPE) shall be selected andused which will protect employees fromthe hazards and potential hazards they arelikely to encounter as identified duringthe site characterization and analysis.

(ii) Personal protective equipmentselection shall be based on an evaluationof the performance characteristics of thePPE relative to the requirements andlimitations of the site, the task-specificconditions and duration, and the hazardsand potential hazards identified at thesite.

(iii) Positive pressure self-containedbreathing apparatus or positive pressureair-line respirators equipped with an

escape air supply, shall be used in IDLHconditions.

(iv) Totally-encapsulating chemicalprotective suits (Protection equivalent toLevel A protection as specified inAppendix B) shall be used in conditionswhere skin absorption of a hazardoussubstance may result in an IDLHsituation.

(v) The level of protection provided byPPE selection shall be increased whenadditional information on site conditionsshow that increased protection isnecessary to reduce employee exposuresbelow established permissible exposurelimits for hazardous substances andhealth hazards. (See Appendix B forguidance on selecting PPE ensembles.)

Note.—The level of employee protectionprovided may be decreased when additionalinformation or site conditions show that decreasedprotection will not result in increased hazardousexposures to employees.

(vi) Personal protective equipmentshall be selected and used to meet therequirements of 29 CFR Part 1910,Subpart I, and additional requirementsspecified in this section.

(4) Totally-encapsulating chemicalprotective suits. (i) Totally-encapsulatingsuit materials used for Level A protectionshall protect employees from theparticular hazards which are identifiedduring site characterization and analysis.

(ii) Totally-encapsulating suits shall becapable of maintaining positive airpressure. (See Appendix A.)

(iii) Totally-encapsulating suits shall becapable of preventing inward test gasleakage of more than 0.5 percent. (SeeAppendix A.)

(5) Personal protective equipment(PPE) program. A written personalprotective equipment program, which ispart of the employer's safety and healthprogram required in paragraph (b) of thissection or required in paragraph (1)(4) ofthis section, shall be established forhazardous waste operations which shallbe part of the site-specific safety andhealth plan. The PPE program shalladdress the following elements:

(i) Site hazards,(ii) PPE selection,(iii) PPE use,(iv) Work mission duration,(v) PPE maintenance and storage,(vi) PPE decontamination,(vii) PPE training and proper fitting,(viii) PPE donning and doffing

procedures,(ix) PPE inspection,(x) PPE in-use monitoring,(xi) Evaluation of the effectiveness of

the PPE program, and


(xii) Limitations during temperatureextremes, and other appropriate medicalconsiderations.

(h) Monitoring. Monitoring shall beperformed in accordance with thisparagraph to assure proper selection ofengineering controls, work practices andpersonal protective equipment so thatemployees are not exposed to levelswhich exceed established permissibleexposure limits for hazardous substances.

(1) Air monitoring shall be used toidentify and quantify airborne levels ofhazardous substances and health hazardsin order to determine the appropriatelevel of employee protection needed onsite.

(2) Upon initial entry, representative airmonitoring shall be conducted to identifyany IDLH condition, exposure overestablished exposure levels, exposureover a radioactive material's dose limitsor other dangerous condition such as thepresence of flammable atmospheres oroxygen-deficient environments.

(3) Periodic monitoring shall beconducted when the possibility of anIDLH condition or flammableatmosphere has developed or when thereis indication that exposures may haverisen since prior monitoring. Situationswhere it shall be considered whether thepossibility that exposures have risen arewhen:

(i) Work begins on a different portionof the site.

(ii) Contaminants other than thosepreviously identified are being handled.

(iii) A different type of operation isinitiated (e.g., drum opening as opposedto exploratory well drilling).

(iv) Employees are handling leakingdrums or containers or working in areaswith obvious liquid contamination (e.g., aspill or lagoon).

(v) A sufficient reasonable interval haspassed so that exposures may havesignificantly increased.

(4) After hazardous waste clean-upoperations commence, the employer shallmonitor those employees likely to havethe highest exposures to hazardoussubstances and health hazards likely to bepresent above established permissibleexposure limits by using personalsampling frequently enough tocharacterize employee exposures. Theemployer may utilize a representativesampling approach by documenting thatthe employees and chemicals chosen formonitoring are based on the criteria statedabove.

Note.— it is not required to monitor employeesengaged in site characterization operations coveredby paragraph (c) of this section.

(i) Informational programs.Employers shall develop and implement aprogram, which is part of the employer'ssafety and health program required inparagraph (b) of this section, to informemployees, contractors, andsubcontractors (or their representative)actually engaged in hazardous wasteoperations of the nature, level and degreeof exposure likely as a result ofparticipation in such hazardous wasteoperations. Employees, contractors andsubcontractors working outside of theoperations part of a site are not coveredby this standard.

(j) Handling drums and containers.Hazardous substances and contaminatedsoils, liquids, and other residues shall behandled, transported, labeled, anddisposed of in accordance with thisparagraph.

(1) General. (i) Drums and containersused during the clean-up shall meet theappropriate DOT, OSHA, and EPAregulations for the wastes that theycontain.

(ii) When practical, drums andcontainers shall be inspected and theirintegrity shall be assured prior to beingmoved. Drums or containers that cannotbe inspected before being moved becauseof storage conditions (i.e., buried beneaththe earth, stacked behind other drums,stacked several tiers high in a pile, etc.)shall be moved to an accessible locationand inspected prior to further handling.

(iii) Unlabelled drums and containersshall be considered to contain hazardoussubstances and handled accordingly untilthe contents are positively identified andlabeled.

(iv) Site operations shall be organizedto minimize the amount of drum orcontainer movement.

(v) Prior to movement of drums orcontainers, all employees exposed to thetransfer operation shall be warned of thepotential hazards associated with thecontents of the drums or containers.

(vi) U.S. Department of Transportationspecified salvage drums or containers andsuitable quantities of proper absorbentshall be kept available and used in areaswhere spills, leaks, or ruptures mayoccur.

(vii) Where major spills may occur, aspill containment program, which is partof the employer's safety and healthprogram required in paragraph (b) of thissection, shall be implemented to containand isolate the entire volume of thehazardous substance being transferred.

(viii) Drums and containers that cannotbe moved without rupture, leakage, or

spillage shall be emptied into a soundcontainer using a device classified for thematerial being transferred.

(ix) A ground-penetrating system orother type of detection system or deviceshall be used to estimate the location anddepth of buried drums or containers.

(x) Soil or covering material shall beremoved with caution to prevent drum orcontainer rupture.

(xi) Fire extinguishing equipmentmeeting the requirements of 29 CFRPart 1910, Subpart L, shall be on handand ready for use to control incipientfires.

(2) Opening drums and containers.The following procedures shall befollowed in areas where drums orcontainers are being opened:

(i) Where an airline respirator systemis used, connections to the bank of aircylinders shall be protected fromcontamination and the entire system shallbe protected from physical damage.

(ii) Employees not actually involved inopening drums or containers shall be kepta safe distance from the drums orcontainers being opened.

(iii) If employees must work near oradjacent to drums or containers beingopened, a suitable shield that does notinterfere with the work operation shall beplaced between the employee and thedrums or containers being opened toprotect the employee in case of accidentalexplosion.

(iv) Controls for drum or containeropening equipment, monitoringequipment, and fire suppressionequipment shall be located behind theexplosion-resistant barrier.

(v) When there is a reasonablepossibility of flammable atmospheresbeing present, material handlingequipment and hand tools shall be on thetype to prevent sources of ignition.

(vi) Drums and containers shall beopened in such a manner that excessinterior pressure cannot be relieved froma remote location, appropriate shieldingshall be placed between the employee andthe drums or containers to reduce the riskof employee injury.

(vii) Employees shall not stand upon orwork from drums or containers.

(3) Material handling equipment.Material handling equipment used totransfer drums and containers shall beselected, positioned and operated tominimize sources of ignition related tothe equipment from igniting vaporsreleased from ruptured drums orcontainers.


(4) Radioactive wastes. Drums andcontainers containing radioactivewastes shall not be handled until suchtime as their hazard to employees isproperly assessed.

(5) Shock sensitive wastes.Caution.—Shipping of shock sensitive wastes

may be prohibited under U.S. Department ofTransportation regulations. Employers and theirshippers should refer to 49 CFR 173.21 and 173.50.

As a minimum, the following specialprecautions shall be taken when drumsand containers containing or suspected ofcontaining shock-sensitive wastes arehandled:

(i) All non-essential employees shallbe evacuated from the area of transfer.

(ii) Material handling equipment shallbe provided with explosive containmentdevices or protective shields to protectequipment operators from explodingcontainers.

(iii) An employee alarm systemcapable of being perceived abovesurrounding light and noise conditionsshall be used to signal thecommencement and completion ofexplosive waste handling activities.

(iv) Continuous communications (i.e.,portable radios, hand signals, telephones,as appropriate) shall be maintainedbetween the employee-in-charge of theimmediate handling area and the sitesafety and health supervisor or commandpost until such time as the handlingoperation is completed. Communicationequipment or methods that could causeshock sensitive materials to explode shallnot be used.

(v) Drums and containers underpressure, as evidenced by bulging orswelling, shall not be moved until suchtime as the cause for excess pressure isdetermined and appropriate containmentprocedures have been implemented toprotect employees from explosive reliefof the drum.

(vii) Drums and containers containingpackaged laboratory wastes shall beconsidered to contain shock-sensitive orexplosive materials until they have beencharacterized.

(6) Laboratory waste packs. Inaddition to the requirements ofparagraph (j)(5) of this section, thefollowing precautions shall be taken, as aminimum, in handling laboratory wastepacks (lab packs):

(i) Lab packs shall be opened onlywhen necessary and then only by anindividual knowledgeable in theinspection, classification, and segregationof the containers within the packaccording to the hazards of the wastes.

(ii) If crystalline material is noted onany container, the contents shall behandled as a shock-sensitive waste untilthe contents are identified.

(7) Sampling drums and containers.Sampling of containers and drums shallbe done in accordance with a samplingprocedure which is part of the site safetyand health plan developed for andavailable to employees and others at thespecific worksite.

(8) Shipping and transport. (i) Drumsand containers shall be identified andclassified prior to packaging forshipment.

(ii) Drum or container staging areasshall be kept to the minimum numbernecessary to identify and classifymaterials safely and prepare them fortransport.

(iii) Staging areas shall be providedwith adequate access and egress routes.

(iv) Bulking of hazardous wastes shallbe permitted only after a thoroughcharacterization of the materials has beencompleted.

(9) Tank and vault procedures.(i) Tanks and vaults containing hazardoussubstances shall be handled in a mannersimilar to that for drums and containers,taking into consideration the size of thetank or vault.

(ii) Appropriate tank or vault entryprocedures meeting paragraph(b)(1)(iv)(A)(10) of this section shall befollowed whenever employees must entera tank or vault.

(k) Decontamination. Procedures forall phases of decontamination shall bedeveloped and implemented inaccordance with this paragraph.

(1) A decontamination procedure shallbe developed, communicated toemployees and implemented before anyemployees or equipment may enter areason site where potential for exposure tohazardous substances exists.

(2) Standard operating procedures shallbe developed to minimize employeecontact with hazardous substances or withequipment that has contacted hazardoussubstances.

(3) Decontamination shall beperformed in geographical areas that willminimize the exposure of uncontaminatedemployees or equipment to contaminatedemployees or equipment.

(4) All employees leaving acontaminated area shall be appropriatelydecontaminated; all clothing andequipment leaving a contaminated areashall be appropriately disposed of ordecontaminated.

(5) Decontamination procedures shallbe monitored by the site safety and healthsupervisor to determine theireffectiveness. When such procedures arefound to be ineffective, appropriate stepsshall be taken to correct any deficiencies.

(6) All equipment and solvents usedfor decontamination shall bedecontaminated or disposed of properly.

(7) Protective clothing and equipmentshall be decontaminated, cleaned,laundered, maintained or replaced asneeded to maintain their effectiveness.

(8) Employees whose non-impermeable clothing becomes wettedwith hazardous substances shallimmediately remove that clothing andproceed to shower. The clothing shall bedisposed of or decontaminated before it isremoved from the work zone.

(9) Unauthorized employees shall notremove protective clothing or equipmentfrom change rooms.

(10) Commercial laundries or cleaningestablishments that decontaminateprotective clothing or equipment shall beinformed of the potentially harmfuleffects of exposures to hazardoussubstances.

(11) Where the decontaminationprocedure indicates a need for regularshowers and change rooms outside of acontaminated area, they shall be providedand meet the requirements of29 CFR 1910.141. If temperatureconditions prevent the effective use ofwater then other effective means forcleansing shall be provided and used.

(l) Emergency response. Emergencyresponse at hazardous waste operationincidents shall be conducted inaccordance with this paragraph.

(1) General—(i) Emergency responseplan. An emergency response plan shallbe developed and implemented by allemployers within the scope of this sectionto handle anticipated emergencies prior tothe commencement of hazardous wasteoperations. The plan shall be in writingand available for inspection and copyingby employees, their representatives andOSHA personnel. Employers who willevacuate their employees from theworkplace when an emergency occursand who do not permit any of theiremployees to respond to assist inhandling the emergency are exempt fromthe requirements of this paragraph if theyprovide an emergency action plancomplying with section 1910.38(a) of thispart.

(ii) Elements of an emergency responseplan. The employer shall develop anemergency response plan for emergencies


which shall address, as a minimum, thefollowing:

(A) Pre-emergency planning.

(B) Personnel roles, lines of authority,training, and communication.

(C) Emergency recognition andprevention.

(D) Safe distances and places ofrefuge.

(E) Site security and control.

(F) Evacuation routes and procedures.

(G) Decontamination.

(H) Emergency medical treatment andfirst aid.

(I) Emergency alerting and responseprocedures.

(J) Critique of response and follow-up.

(K) PPE and emergency equipment.

(2) Emergency response at hazardouswaste clean-up sites-(i) Training.(A) Training for emergency responseemployees at clean-up operations shall beconducted in accordance withparagraph (e) of this section foremployers covered by paragraph (a)(1)(i)through (iii) of this section and inaccordance with paragraph (o)(5) of thissection for those employers covered byparagraph (a)(1)(iv) of this section.

(B) Employers who can show that anemployee's work experience and/ortraining has resulted in trainingequivalent to that training required inparagraph (l)(2)(i)(A) of this section shallnot be required to provide the initialtraining requirements of thoseparagraphs. Equivalent training includesthe training that existing employees mighthave already received from actual sitework experience.

(ii) Procedures for handlingemergency incidents. (A) In addition tothe elements for the emergency responseplan required in paragraph (l)(1)(ii) ofthis section, the following elements shallbe included for emergency responseplans:

(1) Site topography, layout, andprevailing weather conditions.

(2) Procedures for reporting incidentsto local, state, and federal governmentalagencies.

(B) The emergency response plan shallbe a separate section of the Site Safetyand Health Plan.

(C) The emergency response plan shallbe compatible and integrated with thedisaster, fire and/or emergency responseplans of local, state, and federal agencies.

(D) The emergency response plan shallbe rehearsed regularly as part of theoverall training program for siteoperations.

(E) The site emergency response planshall be reviewed periodically and, asnecessary, be amended to keep it currentwith new or changing site conditions orinformation.

(F) An employee alarm system shall beinstalled in accordance with29 CFR 1910.165 to notify employees ofan emergency situation; to stop workactivities if necessary; to lowerbackground noise in order to speedcommunication; and to begin emergencyprocedures.

(G) Based upon the informationavailable at time of the emergency, theemployer shall evaluate the incident andthe site response capabilities and proceedwith the appropriate steps to implementthe site emergency response plan.

(3) Emergency response at sites otherthan hazardous waste clean-up sites—(i)Training. Employers shall provide thetraining specified by this paragraph forthose employees for whom there existsthe reasonable possibility of respondingto emergencies at sites other thanhazardous waste clean-up sites.

(A) Emergency response organizationsor teams. Employees on emergencyresponse organizations or teams such asfire brigades, fire departments, plantemergency organizations, hazardousmaterials teams, spill response teams, andsimilar groups with responsibility foremergency response shall be trained to alevel of competence to protect themselvesand other employees in the recognition ofhealth and safety hazards, methods tominimize the risk from safety and healthhazards, safe use of control equipment,selection and use of appropriate personalprotective equipment, safe operatingprocedures to be used at the incidentscene, techniques of coordination withother employees to minimize risks,appropriate response to over exposurefrom health hazards or injury tothemselves and other employees andrecognition of subsequent symptomswhich may result from over exposures.

(1) Competency may be demonstratedby 24 hours of training annually in thoseareas with training sessions at leastmonthly or by demonstrations by theemployee of competency in those areas atleast quarterly.

(2) A certification shall be made of thetraining or competency and ifcertification of competency is made, theemployer shall keep a record of the

methodology used to demonstratecompetency.

(3) An employer of employees forwhom the reasonable possibility ofresponding to emergencies at other thanhazardous waste clean-up sites existsneed not train all such employees to thedegree specified in paragraph(l)(3)(i)(A)(1) of this section if theemployer divides the work force such thatsufficient employees who haveresponsibility to control the emergencyhave the training specified in thisparagraph and other employees who mayfirst respond to the incident havesufficient awareness training to recognizethat an emergency response situationexists and are instructed in that case tosummon the employees who are fullytrained and not attempt control activitiesfor which they are not trained.

(4) An employer of employees forwhom the reasonable possibility exists ofresponding to emergencies at other thanhazardous waste clean-up sites need nottrain such employees to the degreespecified in paragraph (l)(3)(i)(A)(1) ofthis section if:

(i) arrangements have been made inadvance for a fully-trained emergencyresponse team to respond in a reasonableperiod; and

(ii) employees who may come to theincident first have sufficient awarenesstraining to recognize that an emergencyresponse situation exists and areinstructed to call the designated fully-trained emergency response team forassistance.

(B) Specialist employees. Employeeswho, in the course of their regular jobduties, work with and are trained in thehazards of specific materials covered bythis standard, and who will be calledupon to provide technical advice orassistance at a hazardous substancerelease incident, are exempt from themonthly training sessions required inparagraph (l)(3)(i)(A) of this section.They must, pursuant to paragraph(l)(3)(i)(A) however, receive at least24 hours of training annually ordemonstrate competency in the area oftheir specialization.

(C) Skilled support personnel.Personnel, not necessarily an employer'sown employees, who are needed toperform immediate emergency supportwork that cannot reasonably beperformed in a timely fashion by anemployer's own employees, and who willbe or may potentially be exposed to thehazards at an emergency response scene,are not required to have the 24 hours ofannual training or demonstrate the


competency required for the employer'sregular employees. However, the seniorofficial cited in paragraph (l)(3)(ii) of thissection shall ensure that these personnelare given an initial briefing at the site ofemergency response prior to theirparticipation in that response that shallinclude instruction in the wearing ofappropriate personal protectiveequipment, what chemical hazards areinvolved, and what duties are to beperformed. All appropriate safety andhealth precautions provided to theemployer's own employees shall be usedto assure the safety and health of thesepersonnel.

(ii) Procedures for handlingemergency response. (A) The seniorofficial responding to an emergency atother than hazardous waste clean-up sitesinvolving a hazardous substance or healthhazard shall establish and become theindividual in charge of a site-specificIncident Command System (ICS). Allemergency responders and theircommunications shall be coordinated andcontrolled through the individual incharge of the ICS assisted by the seniorofficial present for each employer.

Note: The "senior official" at an off-siteemergency response is the most senior official on thesite who has the responsibility for controlling theoperations at the site. Initially it is the senior officeron the first-due piece of responding emergencyapparatus to arrive on the incident scene. As moresenior officers arrive (i.e., fire chief, battalion chief,site coordinator, etc.) the position is passed up theline of authority.

(B) The individual in charge of the ICSshall identify, to the extent possible, allhazardous substances or conditionspresent and shall address as appropriatesite analysis, use of engineering controls,maximum exposure limits, hazardoussubstance handling procedures, and useof any new technologies.

(C) Based on the hazardous substancesand/or conditions present, the individualin charge of the ICS shall implementappropriate emergency operations, andassure that the personal protectiveequipment worn is appropriate for thehazards to be encountered. However,personal protective equipment shall meet,at a minimum, the criteria contained in29 CFR 1910.156(e) when worn whileperforming fire fighting operationsbeyond the incipient stage.

(D) Employees engaged in emergencyresponse and exposed to hazardoussubstances shall wear positive pressureself-contained breathing apparatus whileengaged in emergency response untilsuch time that the individual in charge ofthe ICS determines through the use of airmonitoring that a decreased level of

respiratory protection will not result inhazardous exposures to employees.

(E) The individual in charge of the ICSshall limit the number of emergencyresponse personnel at the emergency siteto those who are actively performingemergency operations. However,operations in hazardous areas shall beperformed using the buddy system ingroups of two or more.

(F) Back-up personnel shall stand bywith equipment ready to provideassistance or rescue. Qualified basic lifesupport personnel, as a minimum, shallalso stand by with medical equipment andtransportation capability.

(G) The individual in charge of the ICSshall designate a safety official, who isknowledgeable in the operations beingimplemented at the emergency responsesite, with specific responsibility toidentify and evaluate hazards and toprovide direction with respect to thesafety of operations for the emergency athand.

(H) When activities are judged by thesafety official to be an IDLH conditionand/or to involve an imminent dangercondition, the safety official shall havethe authority to alter, suspend, orterminate those activities. The safetyofficial shall immediately inform theindividual in charge of the ICS of anyactions taken to correct these hazards atan emergency scene.

(I) After emergency operations haveterminated, the individual in charge of theICS shall implement appropriatedecontamination procedures.

(J) When deemed necessary formeeting the tasks at hand, approved self-contained compressed air breathingapparatus may be used with approvedcylinders from other approved self-contained compressed air breathingapparatus provided that such cylinders areof the same capacity and pressure rating.All compressed air cylinders used withself-contained breathing apparatus shallmeet U.S. Department of Transportationand National Institute for OccupationalSafety and Health criteria.

(4) Hazardous materials teams(HAZMAT). (i) Employees who aremembers of a HAZMAT team shall begiven training in accordance withparagraph (l)(3) of this section thatincludes the care end use of chemicalprotective clothing, and procedures to befollowed when working on leakingdrums, containers, tanks, or bulktransport vehicles.

(ii) Members of HAZMAT teams shallreceive a base line physical exam and

have medical surveillance as required inparagraph (f) of this section.

(iii) Chemical personal protectiveclothing and equipment to be used byHAZMAT team members shall meet therequirements of paragraph (g) of thissection.

(5) Post-emergency responseoperations. Upon completion of theemergency response, if it is determinedthat it is necessary to remove hazardoussubstances, health hazards, and materialscontaminated with them (such ascontaminated soil or other elements of thenatural environment) from the site of theincident the employer conducting theclean-up shall comply with one of thefollowing:

(i) Meet all of the requirements ofparagraphs (b) through (n) of this section;or

(ii) Where the clean-up is done onplant property using plant or workplaceemployees, such employees shall havecompleted the training requirements ofthe following: 29 CFR 1910.38(a);1910.134; 1910.1200; and otherappropriate safety and health trainingmade necessary by the tasks that they areexpected to be performed. All equipmentto be used in the performance of theclean-up work shall be in serviceablecondition and shall have been inspectedprior to use.

(m) Illumination. Areas accessible toemployees shall be lighted in accordancewith the requirements of this paragraph.

(1)Work areas shall be lighted to notless than the minimum illuminationintensities listed in the followingTable H-102.1 while any work is inprogress:

Table H-102.1 — Minimum IlluminationIntensities in Foot-Candles

FootCandles Area of operations

5 ........... General site areas.

3 ........... Excavation and waste areas,accessways, active storage areas,loading platforms, refueling, andfield maintenance areas.

5 ........... Tunnels, shafts, and generalunderground work areas.(Exception: Minimum of10 foot-candles is required attunnel and shaft heading duringdrilling, mucking, and scaling.Mine Safety and HealthAdministration approved caplights shall be acceptable for usein the tunnel heading.)


10......... General shops (e.g., mechanicaland electrical equipment rooms,active storerooms, barracks orliving quarters, locker ordressing rooms, dining areas,and indoor toilets andworkrooms.)

30......... First aid stations, infirmaries, andoffices

(n) Sanitation at temporaryworkplaces. Facilities for employeesanitation shall be provided in accordancewith this paragraph.

(1) Potable water. (i) An adequatesupply of potable water shall be providedon the site.

(ii) Portable containers used todispense drinking water shall be capableof being tightly closed and equipped witha tap. Water shall not be dipped fromcontainers.

(iii) Any container used to distributedrinking water shall be clearly marked asto the nature of its contents and not usedfor any other purpose.

(iv) Where single service cups (to beused but once) are supplied, both asanitary container for the unused cupsand a receptacle for disposing of the usedcups shall be provided.

(2) Nonpotable water. (i) Outlets fornonpotable water, such as water forfirefighting purposes shall be identified toindicate clearly that the water is unsafeand is not to be used for drinking,washing, or cooking purposes.

(ii) There shall be no cross-connection,open, or potential between a systemfurnishing potable water and systemfurnishing nonpotable water.

(3) Toilets facilities. (i) Toilets shall beprovided for employees according to thefollowing Table H-102.2.

Table H-102.2 — Toilet Facilities

Number of employeesMinimum number

of facilities

20 or fewer ................. One.

More than 20, fewerthan 200.

One toilet seat and1 urinal per40 employees.

More than 200............ One toilet seat and1 urinal per50 employees.

(ii) Under temporary field conditions,provisions shall be made to assure that atleast one toilet facility is available.

(iii) Hazardous-waste sites notprovided with a sanitary sewer shall be

provided with the following toiletfacilities unless prohibited by local codes:

(A) Chemical toilets;

(B) Recirculating toilets;

(C) Combustion toilets; or

(D) Flush toilets.

(iv) The requirements of this paragraphfor sanitation facilities, shall not apply tomobile crews having transportationreadily available to nearby toiletfacilities.

(v) Doors entering toilet facilities shallbe provided with entrance lockscontrolled from inside the facility.

(4) Food handling. All food servicefacilities and operations for employeesshall meet the applicable laws,ordinances, and regulations of thejurisdictions in which they are located.

(5) Temporary sleeping quarters.When temporary sleeping quarters areprovided, they shall be heated, ventilated,and lighted.

(6) Washing facilities. The employershall provide adequate washing facilitiesfor employees engaged in operationswhere hazardous substances may beharmful to employees. Such facilitiesshall be in near proximity to the worksite;in areas where exposures are belowestablished permissible exposure limitsand which are under the controls of theemployer; and shall be so equipped as toenable employees to remove hazardoussubstances for themselves.

(7) Showers and change rooms. Whenhazardous waste clean-up or removaloperations commence on a site and theduration of the work will requiresix months or greater time to complete,the employer shall provide showers andchange rooms for all employees exposedto hazardous substances and healthhazards involved in hazardous wasteclean-up or removal operations.

(i) Showers shall be provided and shallmeet the requirements of 29 CFR1910.141(d)(3).

(ii) Change rooms shall be providedand shall meet the requirements of29 CFR 1910.141(1). Change rooms shallconsist of two separate change areasseparated by the shower area required inparagraph (n)(7)(i). One change area,with an exit leading off the worksite,shall provide employees with a clean areawhere they can remove, store, and put onstreet clothing. The second area, with anexit to the worksite, shall provideemployees with an area where they canput on, remove, and store work clothingand personal protective equipment.

(iii) Showers and change rooms, shallbe located in areas where exposures arebelow the established permissibleexposure limits. If this cannot beaccomplished, then a ventilation systemshall be provided that will supply air thatis below the established permissibleexposure limits.

(iv) Employers shall assure thatemployees shower at the end of theirwork shift and when leaving thehazardous waste site.

(o) Certain Operations ConductedUnder the Resource Conservation andRecovery Act of 1976 (RCRA). Employersconducting operations specified inparagraph (a)(2)(iii) of this section shall:

(1) Develop and implement a writtensafety and health program for employeesinvolved in hazardous waste operationswhich shall be available for inspection byemployees, their representatives, andOSHA personnel. The program shall bedesigned to identify, evaluate, and controlsafety and health hazards in theirfacilities for the purpose of employeeprotection, and provide for emergencyresponse meeting the requirements ofparagraph (l) of this section and it shalladdress as appropriate site analysis,engineering controls, maximum exposurelimits, hazardous waste handlingprocedures, and uses of new technologies.

(2) Implement a hazard communicationprogram as part of the employer's safetyand program meeting the requirements of29 CFR 1910.1200.

Note.—The exemptions provided in § 1910.1200are applicable to this section.

(3) Implement a medical surveillanceprogram meeting the requirements ofparagraph (f) of this section.

(4) Develop and implement adecontamination procedure in accordancewith paragraph (k) of this section, and

(5)(i) Develop and implement atraining program, which is part of theemployer's safety and health program, foremployees involved with hazardouswaste operations to enable each employeeto perform their assigned duties andfunctions in a safe and healthful mannerso as not to endanger themselves or otheremployees. The initial training shall befor 24 hours and refresher training shallbe for eight hours annually.

(ii) Employers who can show by anemployee's previous work experienceand/or training that the employee has hadtraining equivalent to the initial trainingrequired by this paragraph, shall beconsidered as meeting the initial trainingrequirements of this paragraph as to thatemployee. Equivalent training includes


the training that existing employees mighthave already received from actual sitework experience. Employees who havereceived the initial training required bythis paragraph shall be given a writtencertificate attesting that they havesuccessfully completed the necessarytraining.

(p) New technology programs. (1) Theemployer shall develop and implementprocedures for the introduction ofeffective new technologies andequipment developed for the improvedprotection of employees working withhazardous waste clean-up operations, andthe same shall be implemented as part ofthe site safety and health program toassure that employee protection is beingmaintained.

(2) New technologies, equipment, orcontrol measures available to theindustry, such as the use of foams orother means to suppress the level of aircontaminates while excavating the site orfor spill control, shall be evaluated byemployers or their representatives todetermine their effectiveness beforeimplementing their use on a large scalefor employee protection. Suchevaluations shall be made available toOSHA upon request.

Appendices to §1910.120–HazardousWaste Operations and EmergencyResponse

Note.—The following appendices serve asnon-mandatory guidelines to assist employees andemployers in complying with the appropriaterequirements of this section. However paragraph1910.120(g) makes mandatory in certaincircumstances the use of Level A and Level B PPEprotection.

Appendix A—Personal ProtectiveEquipment Test Methods

This appendix sets forth the non-mandatory examples of tests which maybe used to evaluate compliance withparagraphs 1910.120(g)(4)(ii) and (iii).Other tests and other challenge agentsmay be used to evaluate compliance.

A. Totally-encapsulating chemicalprotective suit pressure test.

1.0— Scope.

1.1 This practice measures theability of a gas tight totally-encapsulatingchemical protective suit material, seams,and closures to maintain a fixed positivepressure. The results of this practiceallow the gas tight integrity of atotally-encapsulating chemical protectivesuit to be evaluated.

1.2 Resistance of the suit materialsto permeation, penetration, anddegradation by specific hazardoussubstances is not determined by this testmethod.

2.0— Definition of terms.

2.1 “Totally-encapsulated chemicalprotective suit (TECP suit)” means a fullbody garment which is constructed ofprotective clothing materials; covers thewearer's torso, head, arms, and legs; maycover the wearer's hands and feet withtightly attached gloves and boots;completely encloses the wearer by itselfor in combination with the wearer'srespiratory equipment, gloves, and boots.

2.2 "Protective clothing material"means any material or combination ofmaterials used in an item of clothing forthe purpose of isolating parts of the bodyfrom direct contact with a potentiallyhazardous liquid or gaseous chemicals.

2.3 "Gas tight" means, for thepurpose of this test method, the limitedflow of a gas under pressure from theinside of a TECP suit to atmosphere at aprescribed pressure and time interval.

3.0— Summary of test method.

3.1 The TECP suit is visuallyinspected and modified for the test. Thetest apparatus is attached to the suit topermit inflation to the pre-test suitexpansion pressure for removal of suitwrinkles and creases. The pressure islowered to the test pressure andmonitored for three minutes. If thepressure drop is excessive, the TECP suitfails the test and is removed from service.The test is repeated after leak locationand repair.

4.0— Required Supplies.

4.1 Source of compressed air.

4.2 Test apparatus for suit testing,including a pressure measurement devicewith a sensitivity of at least 1/4-inchwater gauge.

4.3 Vent valve closure plugs orsealing tape.

4.4 Soapy water solution and softbrush.

4.5 Stop watch or appropriatetiming device.

5.0— Safety Precautions.

5.1 Care shall be taken to providethe correct pressure safety devicesrequired for the source of compressed airused.

6.0— Test Procedure.

6.1 Prior to each test, the testershall perform a visual inspection of thesuit. Check the suit for seam integrity byvisually examining the seams and gentlypulling on the seams. Ensure that all airsupply lines, fittings, visor, zippers, andvalves are secure and show no signs ofdeterioration.

6.1.1 Seal off the vent valves alongwith any other normal inlet or exhaustpoints (such as umbilical air line fittingsor face piece opening) with tape or otherappropriate means (caps, plugs, fixture,etc.). Care should be exercised in thesealing process not to damage any of thesuit components.

6.1.2 Close all closure assemblies.

6.1.3 Prepare the suit for inflation byproviding an improvised connection pointon the suit for connecting an airline.Attach the pressure test apparatus to thesuit to permit suit inflation from acompressed air source equipped with apressure indicating regulator. The leaktightness of the pressure test apparatusshould be tested before and after each testby closing off the end of the tubingattached to the suit and assuring apressure of three inches water gauge forthree minutes can be maintained. If acomponent is removed for the test, thatcomponent shall be replaced and a secondtest conducted with another componentremoved to permit a complete test of theensemble.

6.1.4 The pre-test expansion pressure(A) and the suit test pressure (B) shall besupplied by the suit manufacturer, but inno case shall they be less than: A= threeinches water gauge and B=two incheswater gauge. The ending suit pressure(C) shall be no less than 80 percent of thetest pressure (B); i.e., the pressure dropshall not exceed 20 percent of the testpressure (B).

6.1.5 Inflate the suit until thepressure inside is equal to pressure "A"the pre-test expansion suit pressure.Allow at least one minute to fill out thewrinkles in the suit. Release sufficient airto reduce the suit pressure to pressure "B"the suit test pressure. Begin timing. Atthe end of three minutes, record the suitpressure as pressure "C" the ending suitpressure. The difference between the suittest pressure and the ending suit testpressure (B-C) shall be defined as the suitpressure drop.

6.1.6 If the suit pressure drop is morethan 20 percent of the suit test pressure Bduring the three-minute test period, thesuit fails the test and shall be removedfrom service.

7.0— Retest Procedure.

7.1 If the suit fails the test checkfor leaks by inflating the suit to pressureA and brushing or wiping the entire suit(including seams, closures, lens gaskets,glove-to-sleeve joints, etc.) with a mildsoap and water solution. Observe the suitfor the formation of soap bubbles, which


is an indication of a leak. Repair allidentified leaks.

7.2 Retest the TECP suit asoutlined in Test procedure 6.0.

8.0— Report.

8.1 Each TECP suit tested by thispractice shall have the followinginformation recorded:

8.1.1 Unique identification number,identifying brand name, date of purchase,material of construction, and unique fitfeatures, e.g., special breathing apparatus.

8.1.2 The actual values for testpressures A, B, and C shall be recordedalong with the specific observation times.If the ending pressure (C) is less than80 percent of the test pressure (B), thesuit shall be identified as failing the test.When possible, the specific leak locationshall be identified in the teat records.Retest pressure data shall be recorded asan additional test.

8.1.3 The source of the test apparatusused shall be identified and the sensitivityof the pressure gauge shall be recorded.

8.1.4 Records shall be kept for eachpressure test even if repairs are beingmade at the test location.

Caution

Visually inspect all parts of the suit tobe sure they are positioned correctly andsecured tightly before putting the suitback into service. Special care should betaken to examine each exhaust valve tomake sure it is not blocked.

Care should also be exercised to assurethat the inside and outside of the suit iscompletely dry before it is put intostorage.

B. Totally-encapsulating chemicalprotective suit qualitative leak test.

1.0— Scope.

1.1 This practice semi-qualitativelytests gas tight total-encapsulatingchemical protective suit integrity bydetecting inward leakage of ammoniavapor. Since no modifications are madeto the suit to carry out this test, the resultsfrom this practice provide a realistic testfor the integrity of the entire suit.

1.2 Resistance of the suit materialsto permeation, penetration, anddegradation is not determined by this testmethod.

2.0— Definition of terms.

2.1 “Totally-encapsulated chemicalprotective suit (TECP suit)” means a fullbody garment which is constructed ofprotective clothing materials; covers thewearer's torso, head, arms, and legs; maycover the wearer's hands and feet with

rightly attached gloves and boots;completely encloses the wearer by itselfor in combination with the wearer'srespiratory equipment, gloves, and boots.

2.2 “Protective clothing material”means any material or combination ofmaterials used in an item of clothing for,the purpose of isolating parts of the bodyfrom direct contact with a potentiallyhazardous liquid or gaseous chemicals.

2.3 “Gas tight” means, for thepurpose of this test method, the limitedflow of a gas under pressure from theinside of a TECP suit to atmosphere at aprescribed pressure and time interval.

2.4 "Intrusion Coefficient" means anumber expressing the level of protectionprovided by a gas tight totally-encapsulating chemical protective suit.The intrusion coefficient is calculated bydividing the test room challenge agentconcentration by the concentration ofchallenge agent found inside the suit. Theaccuracy of the intrusion coefficient isdependent on the challenge agentmonitoring methods. The larger theintrusion coefficient the greater theprotection provided by the TECP suit.

3.0— Summary of recommendedpractice.

3.1 The volume of concentratedaqueous ammonia solution (ammoniahydroxide NH4OH) required to generatethe test atmosphere is determined usingthe directions outlined in 6.1. The suit isdonned by a person wearing theappropriate respiratory equipment (eithera self-contained breathing apparatus or asupplied air respirator) and worn insidethe enclosed test room. The concentratedaqueous ammonia solution is taken by thesuited individual into the test room andpoured into an open plastic pan. Atwo-minute evaporation period isobserved before the test roomconcentration is measured, using a highrange ammonia length of stain detectortube. When the ammonia vapor reaches aconcentration of between 1000 and1200 ppm, the suited individual starts astandardized exercise protocol to stressand flex the suit. After this protocol iscompleted, the test room concentration ismeasured again. The suited individualexits the test room and his standby personmeasurers the ammonia concentrationinside the suit using a low range ammonialength of stain detector tube or other moresensitive ammonia detector. A stand-byperson is required to observe the testindividual during the test procedure; aidthe person in donning and doffing theTECP suit; and monitor the suit interior.The intrusion coefficient of the suit canbe calculated by dividing the average test

area concentration by the interior suitconcentration. A colorimetric indicatorstrip of bromophenol blue is placed onthe inside of the suit face piece lens sothat the suited individual is able to detecta color change and know if the suit has asignificant leak. If a color change isobserved the individual shall leave thetest room immediately.

4.0— Required supplies.

4.1 A supply of concentratedaqueous ammonia (58 percent ammoniumhydroxide by weight).

4.2 A supply of bromophenol/blueindicating paper, sensitive to 5-10 ppmammonia or greater over a two-minuteperiod of exposure. [(pH 3.0 (yellow) topH 4.6 (blue)]

4.3 A supply of high range (0.5-10volume percent) and low range(5-700 ppm) detector tubes for ammoniaand the corresponding sampling pump.More sensitive ammonia detectors can besubstituted for the low range detectortubes to improve the sensitivity of thispractice.

4.4 A shallow plastic pan (PVC) atleast 12":14”:1" and a half pint plasticcontainer (PVC) with tightly closing lid.

4.5 A graduated cylinder or othervolumetric measuring device of al least50 milliliters in volume with an accuracyof at least ±1 milliliters.

5.0— Safety precautions.

5.1 Concentrated aqueousammonium hydroxide, NH4OH, is acorrosive volatile liquid requiring eye,skin, and respiratory protection. Theperson conducting the test shall reviewthe MSDS for aqueous ammonia.

5.2 Since the establishedpermissible exposure limit for ammoniais 50 ppm, only persons wearing a self-contained breathing apparatus or asupplied air respirator shall be in thechamber. Normally only the personwearing the total-encapsulating suit willbe inside the chamber. A stand-by personshall have a self-contained breathingapparatus or a supplied air respiratoravailable to enter the test area should thesuited individual need assistance.

5.3 A method to monitor the suitedindividual must be used during this test.Visual contact is the simplest but othermethods using communication devicesare acceptable.

5.4 The test room shall be largeenough to allow the exercise protocol tobe carried out and then to be ventilated toallow for easy exhaust of the ammoniatest atmosphere after the test(s) arecompleted.


5.5 Individuals shall be medicallyscreened for the use of respiratoryprotection and checked for allergies toammonia before participating in this testprocedure.

6.0— Test procedure.

6.1.1 Measure the test area to thenearest foot and calculate its volume incubic feet. Multiply the test area volumeby 0.2 milliliters of concentrated aqueousammonia solution per cubic foot of testarea volume to determine theapproximate volume of concentratedaqueous ammonia required to generate1000 ppm in the test area.

6.12 Measure this volume from thesupply of concentrated aqueous ammoniaand place it into a closed plasticcontainer.

6.1.3 Place the container, severalhigh range ammonia detector tubes, andthe pump in the clean test pan and locateit near the test area entry door so that thesuited individual has easy access to thesesupplies.

6.2.1 In a non-contaminatedatmosphere, open a pre-sealed ammoniaindicator strip and fasten one end of thestrip to the inside of the suit face shieldlens where it can be seen by the wearer.Moisten the indicator strip with distilledwater. Care shall be taken not tocontaminate the detector part of theindicator paper by touching it. A smallpiece of masking tape or equivalentshould be used to attach the indicatorstrip to the interior of the suit face shield.

6.2.2 1f problems are encounteredwith this method of attachment, theindicator strip can be attached to theoutside of the respirator face piece beingused during the test.

6.3 Don the respiratory protectivedevice normally used with the suit, andthen don the TECP suit to be tested.Check to be sure all openings which areintended to be sealed (zippers, gloves,etc.) are completely sealed. DO NOT,however, plug off any venting valves.

6.4 Step into the enclosed test roomsuch as a closet, bathroom, or test booth,equipped with an exhaust fan. No airshould be exhausted from the chamberduring the test because this will dilute theammonia challenge concentrations.

6.5 Open the container with thepre-measured volume of concentratedaqueous ammonia within the enclosedtest room, and pour the liquid into theempty plastic test pan. Wait two minutesto allow for adequate volatilization of theconcentrated aqueous ammonia. A smallmixing fan can be used near the

evaporation pan to increase theevaporation rate of the ammonia solution.

6.6 After two minutes adetermination of the ammoniaconcentration within the chamber shouldbe made using the high range calorimetricdetector tube. A concentration of1100 ppm ammonia or greater shall begenerated before the exercises are started.

6.7 To test the integrity of the suitthe following four minute exerciseprotocol should be followed:

6.7.1 Raising the arms above thehead with at least 15 raising motionscompleted in one minute.

6.7.2 Walking in place forone minute with at least 15 raisingmotions of each leg in a one–minuteperiod.

6.7.3 Touching the toes with a least 10complete motions of the arms from abovethe head to touching of the toes in aone-minute period.

6.7.4 Knee bends with at least10 complete standing and squattingmotions in a one-minute period.

6.8 If at any time during the test thecolorimetric indicating paper shouldchange colors, the test should be stoppedand sections 6.10 and 6.12 initialed (See§ 4.2).

6.9 After completion of the testexercise, the test area concentrationshould be measured again using the highrange colorimetric detector tube.

6.10 Exit the test area.

6.11 The opening created by the suitzipper or other appropriate suitpenetration should be used to determinethe ammonia concentration in the suitwith the low range length of staindetector tube or other ammonia monitor.The internal TECP suit air should besampled far enough from the enclosedtest area to prevent a false ammoniareading.

6.12 After completion of themeasurement of the suit interior ammoniaconcentration the test is concluded andthe suit is doffed and the respiratorremoved.

6.13 The ventilating fan for the testroom should be turned on and allowed torun for enough time to remove theammonia gas. The fan shall be vented tothe outside of the building.

6.14 Any detectable ammonia in thesuit interior (five ppm ammonia (NH3) ormore for the length of stain detector tube)indicates that the suit has failed the test.When other ammonia detectors are used alower level of detection is possible, and it

should be specified as the pass/failcriteria.

6.15 By following this test method,an intrusion coefficient of approximately200 or more can be measured with thesuit in a completely operationalcondition.

7.0— Retest procedures

7.1 If the suit fails this test, checkfor leaks by following the pressure test intest A above.

7.2 Retest the TECP suit asoutlined in the test procedure 6.0.

8.0— Report.

8.1 Each gas tighttotally-encapsulating chemical protectivesuit tested by this practice shall have thefollowing information recorded.

8.1.1 Unique Identification number,identifying brand name, date of purchase,material of construction, and unique suitfeatures; e.g., special breathing apparatus.

8.1.2 General description of testroom used for test.

8.1.3 Brand name and purchase dateof ammonia detector strips and colorchange data.

8.1.4 Brand name, sampling range,and expiration date of the length of stainammonia detector tubes. The brand nameand model of the sampling pump shouldalso be recorded. If another type ofammonia detector is used, it should beidentified along with its minimumdetection limit for ammonia.

8.1.5 Actual test results shall list thetwo test area concentrations, theiraverage, the interior suit concentration,and the calculated intrusion coefficient.Retest data shall lie recorded as anadditional test.

8.2 The evaluation of the data shallbe specified as "suit passed" or "suitfailed" and the date of the test. Anydelectable ammonia (five ppm or greaterfor the length of stain detector tube) inthe suit interior indicates the suit hasfailed this test. When other ammoniadetectors are used, a lower level ofdetection is possible and it should bespecified as the pass fail criteria.

Caution

Visually inspect all parts of the suit tobe sure they are positioned correctly andsecured tightly before putting the suitback into service. Special care should betaken to examine each exhaust valve tomake sure it is not blocked.

Care should also be exercised to assurethat the inside and outside of the suit is


completely dry before it is put intostorage.

Appendix B—General Description andDiscussion of the Levels of Protectionand Protective Gear

This appendix sets forth informationabout personal protective equipment(PPE) protection levels which may beused to assist employers in complyingwith the PPE requirements of this section.

As required by the standard, PPE mustbe selected which will protect employeesfrom the specific hazards which they arelikely to encounter during their workon-site.

Selection of the appropriate PPE is acomplex process which must take intoconsideration a variety of factors. Keyfactors involved in this process areidentification of the hazards, or suspectedhazards; their routes of potential hazardto employees (inhalation, skin absorption,ingestion, and eye or skin contact); andthe performance of the PPE materials(and seams) in providing a barrier tothese hazards. The amount of protectionprovided by PPE is material-hazardspecific. That is, protective equipmentmaterials will protect well against somehazardous substances and poorly, or notat all, against others. In many instances,protective equipment materials cannot befound which will provide continuousprotection from the particular hazardoussubstance. In these cases thebreakthrough time of the protectivematerial should exceed the workdurations, or the exposure afterbreakthrough must not pose a hazardouslevel.

Other factors in this selection processto be considered are matching the PPE tothe employee's work requirements andtask-specific conditions. The durability ofPPE materials, such as tear strength andseam strength, must be considered inrelation to the employee's tasks. Theeffects of PPE in relation to heat stressand task duration are a factor in selectingand using PPE. In some cases layers ofPPE may be necessary to providesufficient protection, or to protectexpensive PPE inner garments suits orequipment.

The more that is known about thehazards at the site, the easier the job ofPPE selection becomes. As moreinformation about the hazards andconditions at the site becomes available,the site supervisor can make decisions toup-grade or down-grade the level of PPEprotection to match the tasks at hand.

The following are guidelines whichan employer can use to begin the

selection of the appropriate PPE. Asnoted above, the site information maysuggest the use of combinations of PPEselected from the different protectionlevels (i.e., A, B, C, or D) as beingmore suitable to the hazards of thework. It should be cautioned that thelisting below does not fully address theperformance of the specific PPEmaterial in relation to the specifichazards at the job site, and that PPEselection, evaluation and re-selection isan ongoing process until sufficientinformation about the hazards and PPEperformance is obtained.

Part A. Personal protective equipmentis divided into four categories based onthe degree of protection afforded. (SeePart B of this appendix for furtherexplanation of Levels A, B, C, and Dhazards.).

I. Level A—To be selected when thegreatest level of skin, respiratory, and eyeprotection is required.

The following constitute Level Aequipment; it may be used as appropriate:

1. Pressure-demand, full face-pieceself-contained breathing apparatus(SCBA), or pressure-demand supplied airrespirator with escape SCBA, approvedby the National Institute for OccupationalSafety and Health (NIOSH).

2.Totally-encapsulating chemical-protective suit.

3. Coveralls.∗

4. Long underwear.

5. Gloves, outer, chemical-resistant.

6. Gloves, inner, chemical-resistant.

7. Boots, chemical-resistant, steel toeand shank.

8. Hard hat (under suit).*

9. Disposable protective suit, glovesand boots (depending on suitconstruction, may be worn over totally-encapsulating suit).

10. Two-way radios (worn insideencapsulating suit).

II. Level B—The highest level ofrespiratory protection is necessary but alesser level of skin protection is needed.

The following constitute Level Bequipment; it may be used as appropriate.

1. Pressure-demand, full face-pieceself-contained breathing apparatus(SCBA), or pressure-demand supplied airrespirator with escape SCBA (NIOSHapproved).

∗Optional as applicable.

2. Hooded chemical-resistant clothing(overalls and long-sleeved jacket;coveralls; one or two-piece chemical-splash suit; disposable chemical-resistantoveralls).

3. Coveralls.∗



6. Boots, outer, chemical-resistant steeltoe and shank.

7. Boot-covers, outer, chemical-resistant (disposable).*

8. Hard hat.

9. Two-way radios (worn insideencapsulating suit).

10. Face shield.*

III. Level C—The concentration(s) andtype(s) of airborne substance(S) is knownand the criteria for using air purifyingrespirators are met.

The following constitute Level Cequipment: it may be used as appropriate

1. Full-face or half-mask, air purifyingrespirators (NIOSH approved).

2. Hooded chemical-resistant clothing(overalls; two-piece chemical-splash suit;disposable chemical-resistant overalls).

3. Coveralls.*



6. Boots (outer), chemical-resistantsteel toe and shank.*

7. Boot-covers, outer, chemical-resistant (disposable).*

8. Hard hat.

9. Escape mask.*

10. Two-way radios (worn underoutside protective clothing).

11. Face shield.*

IV. Level D—A work uniformaffording minimal protection, used fornuisance contamination only.

The following constitute Level Dequipment; it may be used as appropriate:

1. Coveralls.

2. Gloves.*

3. Boots/shoes, chemical-resistant steeltoe and shank.

4. Boots, outer, chemical-resistant(disposable).*

5. Safety glasses or chemical splashgoggles.*

6. Hard hat.


7. Escape mask.*

8. Face shield.*

Part B. The types of hazards for whichlevels A, B, C, and D protection areappropriate are described below:

I. Level A—Level A protection shouldbe used when:

1. The hazardous substance has beenidentified and requires the highest levelof protection for skin, eyes, and therespiratory system based on either themeasured (or potential for) highconcentration of atmospheric vapors,gases, or particulates; or the siteoperations and work functions involve ahigh potential for splash, immersion, orexposure to unexpected vapors, gases, orparticulates of materials that are harmfulto skin or capable of being absorbedthrough the intact skin;

2. Substances with a high degree ofhazard to the skin are known or suspectedto be present, and skin contact is possible;or

3. Operations must be conducted inconfined, poorly ventilated areas, and theabsence of conditions requiring Level Ahave not yet been determined.

II. Level B protection should be usedwhen:

1. The type and atmosphericconcentration of substances have beenidentified and require a high level ofrespiratory protection, but less skinprotection;

Note.—This involves atmospheres with IDLHconcentrations of specific substances that do notrepresent a severe skin hazard; or that do not meet thecriteria for use of air-purifying respirators.

2. The atmosphere contains less than19.5 percent oxygen; or

3. The presence of incompletelyidentified vapors or gases is indicated bya direct-reading organic vapor detectioninstrument, but vapors and gases are notsuspected of containing high levels ofchemicals harmful to skin or capable ofbeing absorbed through the intact skin.

III. Level C protection should be usedwhen:

1. The atmospheric contaminants,liquid splashes, or other direct contactwill not adversely affect or be absorbedthrough any exposed skin;

2. The types of air contaminants havebeen identified, concentrations measured,and an air-purifying respirator is availablethat can remove the contaminants; and

3. All criteria for the use of air-purifying respirators are met.

IV. Level D protection should be usedwhen:

1 The atmosphere contains no knownhazard; and

2. Work functions preclude splashes,immersion, or the potential forunexpected inhalation of or contact withhazardous levels of any chemicals.

Note.—As stated before, combinations of personalprotective equipment other than those described forLevels A, B, C, and D protection may be moreappropriate and may be used to provide the properlevel of protection.

Appendix C—Compliance Guidelines

1. Occupational Safety and HealthProgram. Each hazardous waste siteclean-up effort will require anoccupational safety and health programheaded by the site coordinator or theemployer's representative. The programwill be designed for the protection ofemployees at the site. The purpose of theprogram will need to be developed beforework begins on the site and implementedas work proceeds. The program is tofacilitate coordination and communi-cation among personnel responsible forthe various activities which will takeplace at the site. It will provide theoverall means for planning andimplementing the needed safety andhealth training and job orientation ofemployees who will be working at thesite. The program will provide the meansfor identifying and controlling worksitehazards and the means for monitoringprogram effectiveness. The program willneed to cover the responsibilities andauthority of the site coordinator or theemployer's manager on the site for thesafety and health of employees at the site,and the relationships with contractors orsupport services as to what eachemployer's safety and healthresponsibilities are for their employees onthe site. Each contractor on the site needsto have its own safety and health programso structured that it will smoothlyinterface with the program of the sitecoordinator.

Also those employers involved withtreating, storing or disposal of hazardouswaste as covered in paragraph (o) musthave implemented a safety and healthplan for their employees. This program isto include the hazard communicationprogram required in paragraph (o)(1) andthe training required in paragraph (o)(5)as parts of the employers comprehensiveoverall safety and health program. Thisprogram is to be in writing.

Each site or workplace safety andhealth program will need to include thefollowing: (1) Policy statements of theline of authority and accountability forimplementing the program, the objectivesof the program, and the role of the sitesafety and health supervisor or manager

and staff; (2) means or methods for thedevelopment of procedures foridentifying and controlling workplacehazards at the site; (3) means or methodsfor the development and communicationto employees of the various plans, workrules, standard operating procedures, andpractices that pertain to individualemployees and supervisors; (4) means forthe training of supervisors and employeesto develop the needed skills andknowledge to perform their work in a safeand healthful manner; (5) means toanticipate and prepare for emergencysituations and; (6) means for obtaininginformation feedback to aid in evaluatingthe program and for improving theeffectiveness of the program. Themanagement and employees should betrying continually to improve theeffectiveness of the program therebyenhancing the protection being affordedthose working on the site.

Accidents on the site or workplaceshould be investigated to provideinformation on how such occurrences canbe avoided in the future. When injuries orillnesses occur on the site or workplace,they will need to be investigated todetermine what needs to be done toprevent this incident from occurringagain. Such information will need to beused as feedback on the effectiveness ofthe program and the information turnedinto positive steps to prevent anyreoccurrence. Receipt of employeesuggestions or complaints relating tosafety and health issues involved with siteor workplace activities is also a feedbackmechanism that can be used effectively toimprove the program and may serve inpart as an evaluative tool(s).

2. Training. The employer isencouraged to utilize those trainingprograms that have been recognized bythe National Institute of EnvironmentalHealth Sciences through its traininggrants program. These training andeducational programs are beingdeveloped for employees who workdirectly with hazardous substances. Forfurther information about these programscontact: National Institute ofEnvironmental Health Sciences, P.O.Box 12233, Research Triangle Park, NC27709.

The training programs for employeessubject to the requirements ofparagraph (e) of this standard areexpected to address: the safety and healthhazards employees should expect to findon sites; what control measures ortechniques are effective for those hazards;what monitoring procedures are effectivein characterizing exposure levels; whatmakes an effective employer's safety and


health program; what a site safety andhealth plan should include; and,employee's responsibilities under OSHAand other regulations. Supervisors willneed training in their responsibilitiesunder the safety and health program andits subject areas such as the spillcontainment program, the personalprotective equipment program, themedical surveillance program, theemergency response plan and other areas.

Training programs for emergencyservice organizations are available fromthe U.S. National Fire Academy,Emmitsburg, MD and the various statefire training schools. The InternationalSociety of Fire Service Instructors,Ashland, MA is another resource.

The training programs for employeescovered by the requirements ofparagraph (l)(3) of this standard areexpected to address: the need for and useof personal protective equipmentincluding respirators; thedecontamination procedures to be used;preplanning activities for hazardoussubstance incidents including theemergency response plan; companystandard operating procedures forhazardous substance emergencyresponses; the use of the incidentcommand system and other subjects.Hands-on training should be stressedwhenever possible. Critiques done afteran incident which include any evaluationof what worked and what did not andhow can we do better the next time maybe counted as training time.

For hazardous materials teams, thetraining will need to address the care, useand/or testing of chemical protectiveclothing including totally encapsulatingsuits, the medical surveillance program,the standard operating procedures for theuse of plugging and patching equipmentand other subject areas.

Officers and leaders who may beexpected to be in charge at an incidentwill need to be fully knowledgeable oftheir company's incident commandsystem. They will need to know whereand how to obtain additional assistanceand be familiar with the local district'semergency response plan.

Technical exports or medical expertsor environmental experts that work withhazardous materials in their regular jobs,who may be sent to the incident scene bythe shipper, manufacturer orgovernmental agency to advise and assistthe person in charge of the incident neednot have monthly training sessions,however, they will be required to havethe 24 hours of training on an annualbasis. Their training must include the care

and use of personal protective equipmentincluding respirators; knowledge of theincident command system; and thoseareas needed to keep them current in theirrespective field as it relates to safety andhealth involving specific hazardoussubstances.

Those employees who work for publicworks departments or special equipmentoperators who operate bulldozers, sandtrucks, backhoes, etc., who may be calledto the incident scene to provideemergency support assistance, will needat least a safety and health briefing beforeentering the area of potential or actualexposure. These specially skilled persons,who have not been a part of theemergency plan and do not meet therequired training hours, must be madeaware of the hazards they face and beprovided all necessary protective clothingand equipment required for their tasks. Ifrespirators are to be worn, the speciallyskilled person shall be trained inaccordance with § 1910.134 beforeproceeding into the hazardous area to dotheir assigned job.

3. Decontamination. Decontaminationprocedures should be tailored to thespecific hazards of the site, and will varyin complexity and number of steps,depending on the level of hazard and theemployee's exposure to the hazard.Decontamination procedures and PPEdecontamination methods will varydepending upon the specific substance,since one procedure or method will notwork for all substances. Evaluation ofdecontamination methods and proceduresshould be performed, as necessary, toassure that employees are not exposed tohazards by re-using PPE. References inAppendix D may be used for guidance inestablishing an effective decontaminationprogram.

4. Emergency response plans. States,along with designated districts within thestates, will be developing or havedeveloped emergency response plans.These state and district plans are to beutilized in the emergency response planscalled for in this standard. Eachemployer needs to assure that itsemergency response plan is compatiblewith the local plan. In addition, theChemical Manufacturers' Association(CMA) is another helpful resource informulating an effective emergencyresponse plan. Also the currentEmergency Response Guidebook fromthe U.S. Department of Transportation,CMA's CHEMTREC and the Fire ServiceEmergency Management Handbookshould be used as resources.

Appendix D — References

The following references may beconsulted for further information on thesubject of this notice:

1. OSHA Instruction DFO CPL 2.70January 29, 1986, Special EmphasisProgram: Hazardous Waste Sites.

2. OSHA Instruction DFOCPL 2-2.37A—January 29, 1986,Technical Assistance and Guidelines forSuperfund and Other Hazardous WasteSite Activities.

3. OSHA Instruction DTS CPL 2.74—January 29, 1986, Hazardous WasteActivity Form, OSHA 175.

4. Hazardous Waste InspectionsReference Manual, U.S. Department ofLabor, Occupational Safety and HealthAdministration, 1986.

5. Memorandum of UnderstandingAmong the National Institute forOccupational Safety and Health, theOccupational Safety and HealthAdministration, the United States CoastGuard, and the United StatesEnvironmental Protection Agency,Guidance for Worker Protection DuringHazardous Waste Site Investigations andClean-up and Hazardous SubstanceEmergencies, December 18, 1980.

6. National Priorities List, 1st Edition,October 1984: U.S. EnvironmentalProtection Agency, Revised periodically.

7. The Decontamination of ResponsePersonnel, Field Standard OperatingProcedures (F.S.O.P.) 7; U.S.Environmental Protection Agency, Officeof Emergency and Remedial Response,Hazardous Response Support Division,December 1984.

8. Preparation of a Site Safety Plan,Field Standard Operating Procedures(F.S.O.P.) 9; U.S. EnvironmentalProtection Agency, Office of Emergencyand Remedial Response, HazardousResponse Support Division, April 1985.

9. Standard Operating SafetyGuidelines: U.S. EnvironmentalProtection Agency, Office of Emergencyand Remedial Response, HazardousResponse Support Division,Environmental Response Team;November 1984.

10. Occupational Safety and HealthGuidance Manual for Hazardous WasteSite Activities, National Institute forOccupational Safety and Health (NOSH),Occupational Safety and HealthAdministration (OSHA), U.S. CoastGuard (USCG), and EnvironmentalProtection Agency (EPA); October 1985.


11. Protecting Health and Safety ofHazardous Waste Sites: An Overview,U.S. Environmental Protection Agency,EPA/625/ 9-85/006; September 1985.

12. Hazardous Waste Sites andHazardous Substance Emergencies,NIOSH Worker Bulletin, U.S.Department of Health and HumanServices, Public Health Service, Centersfor Disease Control, National Institute forOccupational Safety and Health;December 1982.

13. Personal Protective Equipment forHazardous Materials Incidents: ASelection Guide; U.S. Department ofHealth and Human Services, PublicHealth Service, Centers for DiseaseControl, National Institute forOccupational Safety and Health; October1984.

14. Fire Service EmergencyManagement Handbook, InternationalAssociation of Fire Chiefs Foundation,101 East Holly Avenue, Unit 10B,Sterling, VA 22170, January 1985.

15. Emergency Response Guidebook,U.S. Department of Transportation,Washington, DC, 1983.

16. Report to the Congress onHazardous Materials Training, Planning,and Preparedness, Federal EmergencyManagement Agency, Washington, DC,July 1986.

17. Workbook for Fire Command, AlanV. Brunacini and J. David Beageron,National Fire Protection Association.Batterymarch Park, Quincy, MA 02269,1985.

18. Fire Command, Alan V. Brunacini,National Fire Protection, BatterymarchPark, Quincy, MA 02269, 1985.

19. Incident Command System, FireProtection Publications, Oklahoma StateUniversity, Stillwater, OK 74078, 1983.

20. Site Emergency ResponsePlanning, Chemical ManufacturersAssociation, Washington, DC 20037,1986.

[FR Doc. 87-18118 Filed 8-6-87;10:14 am]BILLING CODE 4510-26-M

department of labor occupational safety and health ... · summary: the occupational safety and...

Documents