Document 2JeRoO57KMEXJOX2577BYayNN

TO: Distribution Interoffice Communication FROM: DATE: SUBJ: T. G. Grumbles April 27, 1990 HAZWOPER ISSUES TGG: JCL: ERT: MJH: AJO: RF XF:____ ______ VISTA Attached is the long awaited final rule corrections document for HAZWOPER. Multiple corrections are listed in this ruling, however, I believe the most significant is the "Notes and Exceptions" section, found in the middle column of Page 14073. However, all of the listed corrections should be reviewed to determine impact at individual locations. Based on the information received at the OSHA/CMA seminars and internal discussions, the following comments are offered. 1. The scope of training and timing of the training required should be considered as being part of your new employee orientation. The 24-hour training requirements are probably a major part of the content of your safety and health orientations, and the training is required prior to the employee going to work. 2. For CTIRP designated responders, the training requirements are far in excess of the minimum 24 hours due to the additional need to demonstrate skills and competency in multiple areas required for at-the-scene, offensive and "administrative" actions. 3. OSHA has indicated they will have a problem counting the hours of training for enforcement but generally will look to documentation of content and employee attendance combined with employee interviews to determine if the training was effective. I've also attached an article and a summary table on training and a letter from OSHA answering multiple questions on interpretation of the standard. dlj .112 Attachment Distribution: SAFETY DIRECTORS Bruce Trego-Aber, Bill Jones-Balt, Harry Peirce-Blane, Kathy PerezHmd, K. L. Fogg-LCCF, R. V. Gantz-LCLAB, G. M. Shirley-LCVCM, J. D. Harris-Okc, R. B. Martin-Austin, D. A. Barclay, J. R. Drumwright VVV 000012940 14072 Federal Register / Vol. 55, No. 72 / Friday, April 13, 1990 / Rules and Regulations DEPARTMENT OF LABOR ipatlonai Safety and Health Ami rilnlstratlon 29 CFR Part 1910 FUN 1218-AB13 agency: Occupational Safety and Health Administration; Labor. action: Final rule: corrections. summary: This notice makes corrections to the preamble and final rule on Hazardous Waste Operations and Emergency Response issued by OSHA on March 6.1989, at 54 FR 9294-9338. EFFECTIVE date: April 13,1990. FOR FURTHER INFORMATION CONTACT: Mr. James Foster, Occupational Safety and Health Administration, Office of Information and Consumer Affairs, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue NW,, Washington, DC 20210, Telephone: (202) 523-8148. SUPPLEMENTARY INFORMATION: This document contains corrections to the preamble to the final rule on Hazardous Waste Operations and Emergency sponse and to the final standard, 29 1910.120 as amended effective ...-i'ch 6.1990, which were published in the Federal Register on March 8,1989. at 54 FR 9294-9336. As published, the preamble and standard contain typographical errors, incorrect citations and certain ambiguities which may prove to be misleading and are in need of clarification. This document corrects these errors and make9 clearer certain areas in both the standard and the preamble. The attempt is made to correct all errors in the standard. However, generally this document does not correct typographical or grammatical errors in the preamble unless a correction is needed to clarify meaning. The following paragraphs explain several of the corrections. The definition of "hazardous substance" includes "any biological agent and other disease-causing agent as defined in section 101(33) of CERCLA". That cross reference Is inconvenient and is grammatically confusing because section 101(33) includes extraneous language. Accordingly OSHA is correcting the standard by directly including the relevant language of section 101(33) 'her than incorporating it by reference 1 making clear that OSHA just covers persons. (It should be noted that OSHA However, the regulatory language specifically decided that petroleum explaining this result was not as clear as products and gasses are covered by 29 . it could have been because the language CFR 1910.120. See 54 FR 9301-2.) ... used did not track EPA language as Paragraph (f)(3)(i)(D) makes clear. -- : closely as intended. OSHA hoped "to OSHA's intent that medical surveillance * assure consistency and compatibility be provided to employees who develop between this rule and the rules and signs or symptoms due to possible over regulations of the EPA and DOT." (52 FR exposure from hazardous substances 29624: August 10,1987.) OSHA has whether the employee is engaged in -. hazardous waste operations or received many requests for clarification. This isa complex area and consistency emergency response. Paragraph (fK2)(iii) is likely to lead both to better is slightly ambiguous in this regard and understanding and consequently better Is being corrected to be fully consistent / compliance with the regulations. with paragraph (0(3)(i}(D) and state clearly that both hazardous waste - operation and emergency response employees are to receive medical . surveillance in these situations. : The exception subparagraph ofiS.. paragraph (a)(2)(iii) and the introductory language of paragraph (p) are clarified. Any treatment, storage and disposal (TSD) operation must comply with all the requirements of paragraph (p) if it is Accordingly the language has been changed in format to a lengthened "Notes and Exceptions" that explains which employers are covered by paragraph (p), which are exempted and . 'which are required to meet response requirements. See emergency correction 13 below. OSHA believes that this "Notes and Exceptions" will be clearer because it more closely follows the required to have an EPA or authorized organization of EPA regulations. state permit or interim status (see 42 Employers already know whether they U.S.C. 6925(e)), and if it is regulated by are permitted or have interim status and EPA under 40 CFR parts 264 and 265 or , should already know whether they are by a state that has been authorized by required to follow the cited EPA or EPA. parallel state regulations. The new Certain employers ("excepted language does not change any employers") are not required to have a substantive requirements. This "Notes permit or interim status because they and Exceptions" provision does include are conditionally exempt small quantity an Interpretation which OSHA has generators under 40 CFR 261.5 or are already stated, that employers covered generators who qualify under 40 CFR by the emergency response provisions of 262.34 for exemptions from regulation paragraph (p)(8) may follow the more under 40 CFR parts 264, 265, and 270. In stringent requirements of paragraph (q) the final preamble and standard OSHA and be deemed to have complied with has summarily referred to these paragraph (p)(8). Employers who have employers as small quantity generators some employees covered by (p)(8) and and as large quantity generators of some employees covered by (q) may hazardous waste who store those find it administratively convenient to wastes less than 90 days. These . have both sets of employees simply excepted employers are not covered by meet the requirements of paragraph (q). paragraphs (p)(l) through (p)(7) of this section. Excepted employers only need comply with paragraph (p)(6). Excepted employers who are required by EPA or state regulations to have their employees engage in emergency response, or who direct their employees to engage in emergency response are covered by paragraph (p)(8). Excepted employers who are not required to have their employees engage in emergency response, who do not direct their employees to do so. and who meet the requirements of (p)(8)(i) are also exempt In several provisions covering emergency response evacuation the term "workplace" has been corrected to "danger area". When an emergency occurs it is not always necessary to evacuate the entire workplace. It is necessary to evacuate the danger area. Correction 4 has been made because the omitted paragraph had incorrectly indicated that the final rule had first added a provision when that provision had indeed been included in the proposal. from the balance of (p)(8). In general ' employers who qualify as conditionally Some information was omitted from the non-mandatory appendices. This exempt small quantity generators under material is inserted because it may be 40 CFR 261.5 will be in the last category. useful to the public, but it is not If a generator qualifies for exemption mandatory. Correction 34 adds certain under 40 CFR 262.34. EPA or state references to Appendix C which may be regulations usually require the generator useful for developing training materials. to have its employees engage in Correction 36 adds to Appendix C emergency response. information on new technologies 10 VVV 000012941 Federal Register / Vol. 55, No. 72 / Friday, April 13, 1990 / Rules and Regulations 14073 available to control hazardous waste spills. Accordingly the final rule document published March 8.1989 at 54 FR 92949336, Federal Register Document No. 894992, and 29 CFR 1910.120 as amended effective March 6.1990 are corrected as follows: Preamble On page 9305, column 3, lines 24 and 25 are corrected to read. "established in paragraphs (f)(2)(iii), and (fl(3)tfi) of the final rule." 1. A. Gn page 9306, column 2, fifth full paragraph, line 4 is corrected to read "protocols. Eastman, Kodak (10-36)'*. 2. On page 9306. column 3, first full paragraph, lines 2 and 3 are corrected to read "argument can be addressed by citing to recommended criteria for medical" and lines 21-23 are corrected to read "Guide manual cited in Appendix D also provides guidance. OSHA believes that the language of that chapter will". 3. On page 9307, column 2, lines 21 to 27 are corrected to read "exposure". 4. On page 9300, column 2, under the heading "Paragraph (p)--Certain operations... ", the second full paragraph is omitted. 5. On page 9309. column 1. line 42 is corrected to read "Paragraph (q]-- Emergency response to". 6. On page 9311, column 1, the heading at lines 51 to 54 is corrected to read "III. Summary of the Final Regulatory Impact and Regulatory Flexibility Analysis and Environmental Impact Assessment". 7. On page 9311. column 2, first full paragraph, line 2 is corrected to read "requirements, OSHA has prepared a final". 6. On page 9311. column 2. third full paragraph, lines 12 to 14 are corrected to read, "follows: about 50 contractors that perform hazardous waste site cleanups; about 100 engineering or technical". 9. On page 9311, column 3. line 10 is corrected to read "manufacturers that use in-house". 10. On page 9311. column 3, third full paragraph, lines 1 and 2 are corrected to read "This standard will protect 1.753 million employees, police officers and firefighters from" and lines 6 and 7 are corrected to read "in Chapter 3 of the Final Regulatory Impact Analysis (RIA). The RIA indicates that". 11. On page 9312, column 1, in lines 4 and 13 the initials "FRA" are corrected to read "RIA". 12. On page 9312, column 1, fifth full paragraph, certain cost estimates are corrected as follows: (a) On line 4, "$153,422 million" is corrected to read "$157,915 million" and "$27,966 million" is corrected to read "$28,435 million"; (b) Line 7 is corrected by adding an omitted estimate after the comma to read "$5,841 million will be spent by contractors on privately--initiated hazardous waste site cleanups,"; (c) On line 14. `*$29.17 million" is corrected to read "$33,156 million"; and (d) On line 18, "$92,978 million" is corrected lo read "$97,466 million". Regulatory Text % 1910.120 {Corrected] The following corrections are made to 29 CFR 1910.120 which was amended effective March 6,1990: 13. Paragraph (a)(Z)(ifi]ls corrected by" revising the "Exceptions" subparagraph to read as follows: Notes and Exceptions: (A) All provisions of paragraph (p) of this section cover any treatment, storage or.disposal (TSD) operation regulated by 40 CFR parts 264 and 265 or by slate law authorized under RCRA. and required lo have a permit or interim status from EPA pursuant to 40 CFR 270.1 or from a state agency pursuant to RCRA. (B) Employers who are not required to have a permit or interim status because they are conditionally exempt small quantity generators under 40 CFR 261j> or are generators who qualify under 40 CFR 262.34 for exemptions from regulation under 40 CFR parts 264.265 and 270 ("excepted employers") are not covered by paragraphs (p)(l) through (p)(7) of this section. Excepted employers who are required by the EPA or state agency to have their employees engage in emergency response or who direct their employees to engage in emergency response are covered by paragraph (p)(8) of this section, and cannot be exempted by (p)(8)(i) of this section. Excepted employers who are not required to have employees engage in emergency response, who direct their employees to evacuate in the case of such emergencies and who meet the requirements of paragraph (p)(8)(i) of this section are exempt from the balance of paragraph (p)(8) of this section. (C) If an area is used primarily for treatment, storage or disposal, any emergency response operations in that area shall comply with paragraph (p)(8) of this section In other areas not used primarily for treatment, storage, or disposal, any emergency response operations shall comply with paragraph (q) of this section Compliance with the requirements of paragraph (q) of this section shall be deemed to be in compliance with the requirements of paragraph (p)(8) ot this section. 14. Paragraph (a)(3), definition of "Hazardous substance", subparagraph (B) is corrected by revising it to reed as follows: (B) Any biological agent and other disease-causing agent which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any person, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions {including malfunctions in reproduction) or physical deformations in such persons or their offspring: 15. In paragraph (a)(3), definition of "Post emergency response", the reference to "paragraph is corrected by revising it to read "paragraph (q)(ll)". 18. bn paragraph (e)(3)(iv), the reference to "paragraphs (a)(3}(ii} and (a)(3)(m)" is corrected by revising it to read "paragraphs (e)(3)(h) and (e)(3)tiiirv i; : o 17. In paragraph (e)(9), the clause reading "However, certified employees new to a site shall receive" is corrected by revising it to read "However, certified employees or employees with equivalent training new to a site shall receive". 16. Paragraph (f)(2)(iij) is corrected by revising it to read "All employees who are injured, become ill or develop signs or symptoms due to possible overexposure involving hazardous substances or health hazards from an emergency response or hazardous waste operation; and". 19. In paragrpah (g)(l)(ii), the first clause which reads "Whenever engineering controls and work practices are not feasible, PPE shall be used" is corrected by revising it to read "Whenever engineering controls and work practices are not feasible or not required, any reasonable combination of engineering controls, work practices and PPE shall be used". 20. Tn paragraph (h)(1)(f), the last clause which reads "which exceed permissible exposure limits or published exposure levels for hazardous substances" Is corrected by revising it to read "which exceed permissible exposure limits, or published exposure levels if there are no permissible exposure limits, for hazardous substances.". 21. In paragraph (l)(l)(i), the first clause which reads "An emergency response plan shall he developed and implemented by all employers within the scope of this section" is corrected by revising it to read "An emergency response plan shall be developed and implemented by all employers within the scope of paragraphs (a)(1) (iH") of this section". 22. In paragraph (l)(l)(ii), the word "workplace" is corrected by revising it to read "danger area". 23. The introduction to paragraph (p) is corrected by revising it to read VVV 000012942 t j 14074 Federal Register / Vol. 55, No. 72 / Friday, April 13, 1990 / Rules and Regulations "Employers conducting operations at 34. Appendix C is corrected by adding The solidification of liquids provides for treatment, storage and disposal (TSD) at the end of section 2, "Training", a rapid containment and isolation of hazardous facilities specified in paragraph (a)(l}[iv) new paragraph to read as follows: substance spills. By directing the agent at of this section shall provide and implement the programs specified in this paragraph. See the "Notes and Exceptions" to paragraph (a)(2)(iii) of this section for employers not There are two National Fire Protection Association standards. NFPA 472-- "Standard for Professional Competence of Responders to Hazardous Material Incidents" and NFPA 471--"Recommended Practice for run-off points or at the edges of the spill, the reactant solid will automatically create a barrier to slow or stop the spread of the material. Clean-up of hazardous substances is greatly improved when solidifying agents, acid or caustic neutralizers, or activated * covered.)'". 24. In paragraph (p](7)(i). the first sentence is corrected by revising it to read "The employer shall develop and implement a training program, which is part of the employer's safety and health program, for employees exposed to health hazards or hazardous substances at TSD operations to enable the employees to perform their assigned duties and functions in a safe and Responding to Hazardous Material Incidents", which are excellent resource documents to aid fire departments and other emergency response organizations in developing their training program materials. NFPA 472 provides guidance on the skills and knowledge needed Tor first responder ' awareness level, first responder operations level, hazmat technicians, and hazmat specialist It also offers guidance for the officer corp who will be in charge of hazardous substance incidents. carbon adsorbents are used. Properly applied, these agents can totally solidify liquid hazardous substances or neutralize or absorb them, which results in materials which are less hazardous and easier to handle, transport, and dispose of. The concept of spill treatment to create less hazardous substances, will improve the safety and level of protection of employees working at spill clean-up operations or emergency response operations to spills of hazardous substances. healthful manner so as not endanger 35. In Appendix C, section 3, the cross The use of vapor suppression agents for themselves or other employees." reference to "Appendix F" is corrected volatile hazardous substances, such as 25. In paragraph (q)(l). the word "workplace" in the third sentence is corrected by revising it to read "danger area". 28. Paragraph (q)(3)(iii) is corrected by deleting the last two words, "or site". 27. In paragraph (q)(3)(viii), the third to the last word "an" is corrected by revising it to read "the". 28. In paragraph (q)(6)(i). the word "materials" in subparagraphs (A). (B), (C) and (D) of that paragraph is corrected by revising it to read "substances". 29. In paragraph (q)(7), the name "U. S. Fire Academy" is corrected by revising it to read "U.S. National Fire Academy". Appendices to 1910.120 [Corrected] The following corrections are made to the Appendices to 29 CFR 1910.120 which were amended effective March 0. 1990: by revising it to read "Appendix D". 36. Appendix C is corrected by adding at its end a section 9 to read as follows: 9. New Technology and Spill Containment Programs. Where hazardous substances may be released by spilling from a container that will expose employees to the hazards of the materials, the employer will need to implement a program to contain and control the spilled material. Diking and ditching, as well as use of absorbents like diatomaceous earth, are traditional techniques which have proven to be effective over the years. However, in recent years new products have come into the marketplace, the use of which complement and increase the effectiveness of these traditional methods. These new products also provide emergency responders and others with additional tools or agents to use to reduce the hazards of spilled materials. These agents can be rapidly applied over a large area and can be uniformly applied or otherwise can be used to build a small dam, thus improving the workers' ability to control spilled material. These application techniques enhance the intimate contact between the agent and the spilled material flammable liquids and those substances which present an inhalation hazard, is important for protecting workers. The rapid and uniform distribution of the agent over the surface of the spilled material can provide quick vapor knockdown. There are temporary and long-term foam-type agents which are effective on vapors and dusts, and activated carbon adsorption agents which are effective for vapor control and soaking-up of the liquid. The proper use of hose lines or hand held portable pressurized applicators provides good mobility and permits the worker to deliver the agent from a safe distance without having to step into the untreated spilled material. Some of these systems can be recharged in the field to provide coverage of larger spill areas than the design limits of a single charged applicator unit. Some of the more effective agenta can solidify the liquid flammable hazardous substances and at the same time elevate the flashpoint above 140 *F so the resulting substance may be handled as a nonhazardous waste material if it meets the U.S. Environmental Protection Agency's 40 CFR part 261 requirements (See particularly '. < 30. In Appendix A. paragraph B. 4.1. is corrected by revising it to read "A Supply of concentrated aqueous ammonium hydroxide (58% by weight].". allowing for the quickest effect by the agent or quickest control of the spilled material. Agents are available to solidify liquid spilled materials, to suppress vapor generation from spilled materials, and to do both. Some S 261.21). Ail workers performing hazardous substance spill control work are expected to wear the proper protective clothing and equipment for the materials present and to ' " %* 31. In Appendix A. paragraph B. 5.2, the number "50 ppm" is corrected by special agenta, which when applied as follow the employer's established standard recommended by the manufacturer, will react -operating procedures for spill control. Aii revising it to read "35 ppm as a 15 in a controlled manner with the spilled involved workers need to be trained in the minute STEL". 32. In Appendix B, the third paragraph of the introductory material, the last clause which reads "or the exposure after breakthrough may not pose a hazardous level" is corrected by being deleted. material to neutralize acids or caustics, or greatly reduce the level of hazard of the spilled material. There are several modem methods and devices for use by emergency response personnel or others involved with spill control efforts to safely apply spill control agents to control spilled material hazarda. established operating procedures: in the use and care of spilt control equipment: and in the associated hazards and control of such hazards of spill containment work. These new tools and agents are the things that employers will want to evaluate as part of their new technology program. The treatment of spills of hazardous substances 33. In Appendix B, part B, section IV These include portable pressurized or wastes at an emergency incident as part of the second citation following the second applicators similar to hand-held portable Tire the immediate spill containment and control A paragraph of the Note is corrected by revising it to read "NFPA 1992-- Standard on Liquid Splash-Protective extinguishing devices, and nozzle and hose systems similar to portable fire fighting foam systems which allow the operator to apply the agent without having to come into contact efforts is sometimes acceptable to EPA and a permit exception is described in 40 CFR 264.1(g)(8) and 265.2(c)(n). Suits for Hazardous Chemical with the spilled material. The operator is able 37. Appendix D, Reference 18, the Emergencies (EPA Level B Protective to apply the agent to the spilled material from organization name is corrected by Clothing)". a remote position. revising it to read "National Fire yVV 00005-2^3 Federal Register / Vol. 55. No, 72 / Friday, April 13, 1990 / Rules and Regulations Protection Association, Balterymarch Park,". Signed at Washington, DC. this 28th day of March 1990. Gerard F. Scanned, Assistant Secretary. (FR Doc. 90-8117 Filed 4-12-90; 8:45 amj B1UJNO COO* 4S10-M-M 14075 it:: - "V ':P. S ' :v WV 000012944 Hazardous Wast Operations and Emergency RespnseA Closeup Look at Training By T.H. Seymour; P.E. On March 6,1989, OSHApromul gated a final rule on Hazardous Waste Operations and Emergency Response (29 CFR Part 1910). The rule, which will lake effect on March 6,19k), is a direct result ofthe Superfund Amend ments and Reauthorization Act of 1986 (SARA). SARA (42 USC 9601, Titles IIV) set the nation on a path toward better preparedness in dealing with emergencies involving the release of hazardous substances. The law also strengthened the nation's efforts to clean up hazardous waste and deal with other issues on hazardous chemi cals. SARA required OSHA to de velop interim1 and final rules, and Congress identified specific criteria for the agency to follow in establish ing regulations for hazardous waste operations and emergency response activities. 'See FederalRegister 51:4564, December 19,1986. For example, Title I of SARA specifies safety and health require ments for employers and Title III deals with local community emergency response plans. These two sections are examined here with respect to the OSHA standard and, in particular, their training requirements. The train ing requirements are significant be cause this is the first time that OSHA has mandated a specific number of training hours in a final rule. VVV 000012945 20 Job Safety & Health Qtanerfy Title I, Section 126 of SARA re quired OSHA to develop a standard that would set minimum safety and health requirements for (1) employ ers involved in hazardous waste or substance clean-up activities at government identified sites;2 (2) employers involved in storing, treat ing, or disposing of hazardous waste; and (3) employers involved in emer gency response to the release of haz ardous substances. SARA required that the OSHA standards include, at a minimum, the following areas: site analysis, train ing, medical surveillance, protective equipment, engineering controls, maximum exposure limits, informa tion, hazardous waste handling, new technologies, decontamination pro cedures, and emergency response. Although each of these issues is important in protecting workers, the purpose of this article is to examine, in some detail, the training require ments of the final rule for each of the three categories of employers cov ered. Hazardous Waste Cleanup Operations Paragraph (e) of the standard es tablishes the initial training require ments for employees and supervisors who are or will be involved in hazard ous waste/substance cleanup opera tions at government-identified sites. The training requirements are organized in a tiered arrangement (see Table 1). In the first tier are employ ees and supervisors who remove or excavate hazardous substances at the site. For example, this category in cludes laborers, operating engineers and their supervisors. Beforebeginningwork, these indi viduals must have 40 hours of train ing offsite and then 24 hours of onthe-job training with a trained and experienced supervisor. All supervi sors who will be working in these operations must have eight additional hours ofspecialized training in man aging hazardous waste operations. The required training for supervi sors concerns safety and health issues,such as the supervisor's role and responsibilities in the employer's safety and health program, the medical sur veillance program, and the training program. Thesecond tiersetsforth thecrite ria for training employees who are onsite only occasionally to do a spe cific job (paragraph [e][3](ii]). For example, this would cover employees surveying the perimeter of a site to make a plat or to mark boundaries. Workers who are onsite for short periods, and thus are unlikely to be exposed above any permissible expo sure limit (PEL), arerequired to have a minimum of 24 hours of training offsite and then 8 hours ofon-the-job training onsite by a trained and expe rienced supervisor. Likewise, paragraph (e)(3)(iii) covers workers who will be onsite on a more regular basis, but who do not risk exposure above the PELs or to any other health hazard and are not subjected to the possibility of an emergency situation. For ecample, surii individuals might include those involved in the final work activities in completing a clo sure operation on a site before it is removed from the government IisL These workers are required to have 24 hours of training offsite, and then 8 hours of on-the-job training by a trained and experienced supervisor. In either case, the required training is to be taken before employees may perform their regularjob dutieswith out close supervision. Supervisors or managers who work at cleanup sites must receive eight hours of training beyond the initial basic training requirements. This additional training includes areas such as their employer's occupational safety and health program and their role in the program. Workers and supervisors at all three levels ofexposure arealso required to receiveright additionalhours ofannual refresher training. As appropriate, experienced in cumbent employees may substitute prior training and experience for ini tial training requirements in the&ame subject Treatment, Storage and Disposal Sites The next group of employers covered are those who store hazardous waste on their premises for more than 90 days, or are involved in treating or disposing of hazardous waste. These employers are covered under paragraph (p) of the standard. The applicable training requirements for employ ees of these employersare in paragraphs (p)(7) and (p)(8)(iii). (See Table 2.) Initial training of least 24 hours is mandatory for all new employees in this category. The training is expected to cover the employer's safety and health program, medical surveillance, decontamination, emergency response, hazard communication, new technol ogy, and employee training, among others. The initial training is to inform and instruct new employees about their assigned duties and any related hazards and about their employer's safety and health policies and proce dures. Moreover, employees who may be involved in emergency response operations need additional training. At any rate, all employees on the permitted sitearea are to be provided eight hours of refresher training annually. Incumbent employeeswho are experienced and who have received training before thestandard lakes effect may substitute their prior training, where appropriate. OtherEmergency Response Staff Employers ofemergency response personnel are covered by the training requirements of paragraph (q) cf the final rule. These employees respond from their typical work area to an emergency where hazardous sub stances are released or may be re leased (see Table 3). In promulgating these require ments, OSHA used the National Fire Protection Association's Standard3 as a model. OSHA's final rule also in cludes training criteria for the onthe-scene incident commander, spe cialist employees and skilled support ^Examples include the National Priority List ofsites as well as those listed by other federal agencies and by state or local governments. 5See NFPA Publication No. 472-1989, StandardforProfessional Competence of Responders to HaurdausMaterials Incidents (Quincy. Massachusetts: NFPA 1989). Job Safety A Health Quanerfy VVV 000012946 21 employees. These types of position classifications were not included in the National Fire Protection Asso ciation Standard. Hie OSHA standard establishes a continuum of training requirements for emergency responders, progress ing from the "first-responder aware ness level," at the lower, or first, level to the "hazardous materials special ist" and "incidentcommander" at the higher, or fifth, level* At the first-responder awareness level, the competency level or train- ing is directed toward the police, guard service personnel, night watchmen, emergency medical responders includ ing ambulance personnel, and others who are likely to discover or respond to emergency incidents involving hazardous substances.4 The training is targeted at teach ing employees to recognize the hu man hazards present during these emergencies and how to protea them selves against such hazards. The re quired training also includes how to accurately and fully report the neces sary information to an "alarm dis patcher" so that subsequent emer gency responders are fully informed. Many first-responder awareness train ing courses presently run from 4 to 12 hours, but the standard does not set a mandatory minimum. The next level of training is for "first-responder operations " This is the level at which fire departments and fire brigade units typically oper ate. Such firefighting teams usually havecomplete ensembles offirefighter protective clothing and positive-pres sure respiratory protective equipment available to them. yEight hours>f training is mandatorVfor the hist-responder operations level, in addition to worker compc. 4Seciion 126 of SARA, paragraph ([), requires that the Environmental Protection Agency (EPA) promulgate regulations to provide protection equal to that found in OSHA'S standard for state and local government workers who would not be covered fay OSHA-apptwtd state plans. See WorkerProtection Standards forHazardous Waste Operations aui Emergency Response, 40 CFR Part 311, et seq., issued by the EPA on June 23,1989. Also notice that EPA's regulations define covered employees as including "compensated or non-compensated orfcer(s]...comrolled directly by State or local government" (40 CFR Pan 311.2). tency at the first-responder aware ness level The required training is to prepare these employees to perform diking, ditching,and similaractivities cf a defensive nature-activities that do not require chemical protective clothing. Where a fire occurs at the opera tions level, offensive actions may be taken to extinguish the fire provided that no chemical protective clothing is required. For example, in the case of a liquefied petroleum gas fire, personnel at the first-responder op erations level would work to shut off the gas flow and extinguish the fire once it was determined that no other chemicals are present and that offen sive actions are required. When these employees are ex pected to handle emergencies involv ing flammable liquids and gases in an offensive mode, then additional train ing is necessary and a minimum of 24 houis of training at the fust-responder operations level is recommended. Such a 24-hour operations level training course will prepare those wishing to move up to the technician level or the on-scene commander level. Next in the training hierarchy are the requirements for . "hazardous materials te^hnidans** and "hazard ous materiaLspedalists." These are the employees OSHA expects to be used to staff "hazardous materials teams" (hazmat teams), spill control teams, and similar groups. Conse quently, these employees must have chemical protective clothing available for their use. The skill requirements for the hazardous material technicians are somewhat lower than those for the hazardous materialsspedalists. Haz ardous materials technicians must have 24 hours of training at the first-re sponder operations level in addition to the knowledge and skills training the standard sets forth as necessary for these technicians. The standard requires that haz ardous materials technicians know, among other things, how to imple ment the employer's emergency re sponse plan, how to properly select and use specialized chemical personal protective equipment and clothing, and how to implement proper decon tamination procedures for hazardous substances. The more skilled hazardous mate rials specialists will generally serve as the senior members ofhazmat teams. Ai this level are the most highly skilled and trained responders having the broadest knowledge of hazardous substances. The training required fora hazard ous material specialist includes at least frniirs nf training at tfte technician level and such additional training or experience as necessary to acquire the knowledge and skills set forth in the standard. The necessary skills and knowl edge are to indude, among other things, (1) how to implement the emergency response portions of the local emer gencyresponse plan developed under SARA Title III, (2) how to develop a site safety and control plan for haz ardous substances emergency inci dents, (3) bow to properly use and calibrate hazardous substance sam pling instruments (such as multiple organicvapor analyzers and the photoionization detectors), and (4) an understanding of the emergency responseportions of the state emergency response plan developed under SARA Title III The on-scene incident commander, or officer in charge of the overall op erations at the scene of an incident, should be a generalist with a broad knowledge of managing emergency incidents. The commander lcvel_i:cquircs at i^ast ia hours of training at the firstresponder operations-levcl. with additional training or experience in how to manage emergency incidents involvinp hazardous substances. At a minimum, the additional training is to include an understand ing of (1) how. to implement the employer's incident command system and the employer's emergency re sponse plan, (2) the hazards and risks that are faced by responders working in chemical protective clothing, (3) how to implement the relevant parts ofthe local emergency response plan created under SARATitle III, and (4) the importance of following decon tamination procedures. Other categories of emergency responders identified in the standard include the "skilled support person," and "specialist employee." Skilled support personnel are thosewho may 22 Job SafetyA Health Qumerty VVV 000012947 occasionally assist the incident com* mander by operating cranes, backhoes, or trucks. Since many of these workers do not expect to help is such incidents and do not have even mini mal awareness training, attention must he given to their proper safety and health protection at the scene before they partidpate'in the incident. This can be accomplished by an onsite briefing that includes a discussion of the hazards present, the personal protective clothing and equipment to be used, how the equipment is used, and the exact task they are expected to perform. The "specialist employee" is an expert who may assist, counsel, or advise the incident commander. Specialist employees may provide technical assistance in operations such as servicing specific valves on a tank car, or in similarly skilled areas, in addition to offering advice. Specialist employees could also be medical or environmental experts. Even though specialist employees are experts in their respective areas, they must be trained in how to inter act within the incident command struc ture, and howto follow the operating procedures established by their em ployer. Their required training also is to inform them of the hazards that may be present at an emergency site. All emergency response person nel covered by paragraph (q) must receive refresher training, at least annually, to ensure that their skills and competencies do not deteriorate and are not forgotten. Training that expands the knowledge ofemergency responders upward along the contin uum is acceptable to meet the annual refresher training requirement for the yearduriogwhich the trainingwas re ceived. It should be mentioned that the OSHA interim final rule requires 24 hours of training annually for emer gency responded. The emergency responders who received training under the interim final rule should be able to apply a good portion of that training towards meetingthe require ments of the final rule for their spe cific level of response. For example, fire department or fire brigade members who received training at the first-responder opera tions level under the interim final rulemayusethose training hours that are relevant to their assigned duties to meet their obligations under the final rule. This is also true forhazard ous materials team members and on scene incident commanders. As a result, some additional train ing for experienced emergency re sponders may be necessary to comply fully with the training requirements for their response level. Newly em ployed personnel, however,will seed to comply fully with all the hours of trainingand related competencies for the level ofwork they are expected to perform. . Summary Title III of SARA, "The Emer gency Planning and Community Right to Know Act of 1986," focuses on numerous issues that complement OSHA's standard. This law prescribes in detail the efforts to be made by states and local planning districts to develop and implement effective emergency response plans for their communities. The planning efforts are now, and will continue to be, of major significance in helping employ ers and emergency response organi zations develop complete, quality plans, and to utilize such plans effec tively. Local emergency response plans must include training schedules, and schedules for conducting drills and exercises of the local district plans. Drills and exercises may be used, in part, to help meet the annual refresher training requirements for covered employees. As discussed above, OSHA's haz ardous waste standard requires that variois responders be trained accord ing to their responsibilities so they are knowledgeable oflocal emergency response plans, and are able to effec tively implement the plan. These OSHA requirements and those ofTitle m of SARA interact effectively and support each objective in achieving the ultimate goals of ensuring the safety and health of emergency re sponders, as well as providing im proved coordination and protection for local communities. Bibliography Bnmatini, AUn V. Far Command. Quincy, Massachusetts: NFPA, 1985. Bnmacui, Also V., and Beageroa, J. David. Workbookfor Fire Command. Quincy, Massachusetts, 198S. Comprehensive EttvirotinurualResponse, Compensation, outLiabilityAct of1980. Public Law 96-510. 42 United States Code 9601. December 11,1980. Incident Command System. Fire Protection Publications. Stillwater, Oklahoma,Oklahoma State University, 1983. NationaLFtfe Protection Association. Standard for Professional Competence ofPagontien to HazardousMaterials Incidents, NFPA No. 471-1989. Quincy, ( Massachusetts: NFPA, 1989. __ 1 SuperfotdAmendments and Reauthorization Act of2986. Public Law 99- 499. 42 United States Coda f 9601, Titles IIV. October 17,1986. U.S. Environmental ProtectionAgency. Worker Protection StandardsforHazardous Waste Operations andEmergency Response- FinalRule. 40 Code of Federal Regulations Part 311.2. In: Federal Register, Vol. 54, No. 120, Part IV. Washington, D.C: Office of the Federal Register, June 23,1989. Pp. 26654-62258. US. Department of Health and Human Services. National Institute for Occupational Safety and Health. Occupational Safety aid Health Guidance Manualfor Hazardous Waite SiteActivities. NIOSH/OSHA/USCG/ EPA. Publication No. DHHS (NIOSH) 85115. Washington, D.C: US. Government Priming Office, 1985. US. Department of Labor. Occupational Safety and Health Administration. Hezadous Waste Operations andEmergency Response-Final Rule. 29 Code of Federal Regulations Pan 1910.120. liu Federal Register VoL 54, No. 42, Part III. Washington, D.C: Office of the Federal Register, March 6,1989. Pp. 9294-9336. . Hazardous Waste Operations andEmergency Response-Interim Fatal Rule. 29 Code of Federal Regulations Part 1910.120. In: FederalRegister, Vol. 51, No. 244, Part IV. Washington, D.Cj Office of the Federal Register, December 16,1986. Pp 45654-45675. . Hazadous Waste and Emergmey Raponse. Publication No. OSHA 3114. Washington, D.C: US. Government Printing Office, 1989. US. Department of TransportaUoa. Research and Special Programs itflminiilralirai Office of Hazardous Materials Transportation. 1987Emagency Raponse Guidebook Publication No. DOT P 5800.4. Washington, D.C: USDOT, 1987. Thomas Seymour is Deputy Di rector ofOSHA's Directorate ofSafety Standards Programs. VVV 000G129A8 Job Safety & Health Quarteriy 23 Table 1. Training Requirements Hazardous Waste Clean-Up Sites e Routine site employees Staff # Routine site employees (minima! exposure) a Non-routine site employees Supervisor/Managers of e Routine site employees e Routine site employees (minimal exposure) 40 hours initial 24 hours flew* 8 hours annual refresher 24 hours initial 8 hours field* 6 hours annual refresher 24 hours Initial 8 hours field* 8 hours annual refresher 40 hours initial 24 hours fieW* 8 hours hazardous waste management 6 hours annual refresher 24 hours initial 8 hours field* 8 hours hazardous waste management 8 hours annual refresher e Non-routine site employees 24 hours initial 8 hours field* 8 hours hazardous waste management 8 hours annual refresher Note: See 29 CFR 1910.120 (e). Refers to ortthe-job training. Table 2. Treatment, Storage, and Disposal Sites Staff e General permit site employees a Emergency response personnel 24 hours initial or equivalent 8 hours annual refresher Trained to a level of competency for assigned duties Annual refresher Note: See CFR 1910.120 (p)(7) and (p)(8). 24 Job Safety & Health Quamiy -aA.9 000012** Table 3. Training Requirement* Other Emergency Response Staff Level 1 - First responder Level 2 - First responder Level 3 - HAZMAT technician3 Level 4 - HAZMAT specialist4 Level 5 - Orvthe-scene incident commander3 Sufficient training (awareness) level1 or proven experience in specific competencies Annual refresher Level 1 competency and (operations level)2 8 hours initial or proven experience in specific competencies Annual refresher 24 hours of Level 2 and proven experience in specific competencies Annual refresher 24 hours of Level 3 and proven experience in specific competencies Annual refresher 24 hours of Level 2 and additional competencies Annual refresher Note: See 29 CFR 1910.120 (q) (6). 1 Witnesses or discovers a release of hazardous materials and who are trained to notify the proper authorities. 2 Responds to releases of hazardous substances In a defensive manner, without trying to stop the releases. 3 Responds aggressively to stop the release of hazardous substances. 4 Responds with and in support to HAZMAT technicians, but who have specific knowledge of various hazardous substances. 5 Assumes control of the Incident scene beyond the first-responder awareness level. Job Safety A Health Quanerfy VVV 000012950 25 HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE FINAL STANDARD1 29 CFR 1910J20 SUMMARY OF SCOPE AND APPLICATION Covered Onerations I. Clean-up at uncontrolled hazardous waste sites required by federal, state and local government II. Corrective actions at RCRA sites 111. Voluntary clean-up at uncontrolled hazardous waste sites recognized by federal, state and local government Aoolicable Requirements (b) Safety and Health Program (c) Site Characterization and Analysis (d) Site Control (e) Training (o Medical Surveillance (g) Engineering Controls, Work Practices and Personal Protective Equipment (h) Monitoring (0 Informational Programs (i) Handling Drums and Containers 00 Decontamination (1) Emergency Response by Employees at Uncontrolled Hazardous Waste Sites (m) Illumination (n) Sanitation at Temporary Workplaces (0) New Technology Programs * Published 6 March 89, 54 Fed. Reg. 9294. Effective date of standard is 6 March 1990. 000012951 2 Voluntary dean-up at sites not recognized as uncontrolled hazardous waste sites by any governmental body is exempt from HAZW0PER standard. Covered Operations IV Hazardous waste operations conducted at RCRA treatment, storage or disposal (TSD) facilities V. Emergency response operations at all other sites Applicable Requirements (f) Medical Surveillance (j) 3Handling Drums and Containers (k) Decontamination (o) New Technology Programs (P) 4 Certain Operations Conducted Under the Resource Conservation and Recovery Act (f) 5Medical Surveillance (g) 6 Engineering Controls, Work Practices and Personal Protective Equipment (q) Emergency Response to Hazardous Substance Releases 3 Not all paragraph (j) is applicable. Only OX^Xu)--CTMX GXlX), GX3) and G)(8) apply. 4 Exceptions exist bom many paragraph (p) requirements for large quantity hazardous waste generator who store wastes less than 90 days and small quantity hazardous waste generators, if these two classes of generators have emergency response teams with re* sponsibility only for one RCRA permitted facility, only paragraph (p)(8) applies. If these two classes do not have emergency re* sponse teams, none of the HAZWOPER Standard applies. 3 Periodic medical surveillance is only required for members of organized HAZMAT tpams and "hazardous materials specialists ', Spe cial medical surveillance is required for any emergency response employee who exhibits signs of symptoms from exposure during an emer gency response. 6 Not ail paragraph (g) is applicable. Only personal protective equipment paragraphs (g)(3)--(5) apply. Office of the General Counsel Chemical Manufacturers .Association March 1990 WV 000012952 JUL 2 8 :3& OSHA Interpretations - 1910.120 Richard F. Boggs, Rh.D Vice President Organisation Resources Counselors, 1910 Sunderland Place N.w. Washington, D.C. 20036 Inc. Dear Dr. Boggst This is in response to your inquiry requesting interpretations of OSKA's final standard for Hazardous Waste Operations and Emergency Response (29 CFR 1910.120). For the sake of clarity, I will enumerate and respond to your questions in the order you raised them: 1. Generic Plans, for Poat-Emaraencv Operations. we concur with your understanding that it is permissible to develop generic plans for post-emergency clean-up operations. This would be a plan addressing appropriate elements of paragraphs (b)-(o), which can be filled in with specific details when an event occurs. It is possible that some of the elements of (b)-(o) will not be necessary at a particular workplace and others will have limited applicability. For example, if there are no confined space entry situations or potential situations then confined space entry procedures do not need to be addressed. 2. Distinction Between Emergency and Post-Emergency Operations. As long as an emergency response team is still in control of the site and a safety or health hazard exits, the emergency situation continues to be in effect. For example, if a vacuum truck arrives to remove spilled gasoline while an emergency response team is managing the activity, the vacuum truck operator's activity is part of the emergency response operations. Once the emergency response team has declared the response activity over or finished and has left the site, any remaining cleanup would be considered a post emergency operation. 3. When .the standard Applies. a. "Emergency Situation" Responses to releases when there are no potential safety or health hazard are not considered emergency VVV 000012953 2 responses even If an alarm Is Bounded. Team responses to releases where there are potential safety and health hazards are not considered "emergency responses" under 2d CFR 1910.120 when the team doee not take control of the site (i.e., the substances can be absorbed, neutralized, or otherwise controlled by employees in the immediate release area) b. "Immediate Release ^ftrea** For the purposes of 29 CFR 1910.120 "Immediate release area" is a term used in the definition of emergency reeponse to help clarify when an incident is an emergency. Incidental spills that could be deaned-up or stabilized by the employees working in the immediate spill area without the need of a coordinated spillcontrol response is not considered an emergency incident. Such employees would have training under the Hazard Communication standard and other appropriate training made necessary by the tasks they are expected to perform. The term "immediate release area" is not meant to either classify something as an emergency if immediate attention is not warranted, or encourage employees in the immediate work area to respond to Incidental releases without the proper training and equipment. The "immediate release area" can be the entire geographic boundary of the employee's assigned work area. On a case-by-case basis QSHA will determine whether such employees are capable of responding to incidental releases and will evaluate the emergency response plan, including an evacuation plan, if an emergency situation is possible. Maintenance personnel responding to releases or potential releases for the purpose of stopping the leak are performing emergency response activities under the rule unless the upset condition: (1.) Results from routine maintenance activity and the small leak can be readily repaired; or (2.) Does not need to be taken cere of immediately. That is, the safety and health of the employees are not threatened if immediate response is not initiated. c. "gengrql Application" In general, the standard applies to ell operations described in the scope (29 CFR 1910.120 (a)) unless the employer can demonstrate that the operation does not 000012954 VVV 3 involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards. Thus, if potential for exposure is extremely unlikely the standard would not apply* The term "exposure" here has the same definition as in the Hazard Communication Standard*. 4. safety,,and Health Plan for_Multl^Emglover Worksite- Each contractor/subcontractor is responsible for compliance with all safety and health protection requirements for their employees. An employer's safety and health plan can be used by contractors/subcontractors at the site if it appropri ately addresses their activity and potential safety and health hazards. In general, a site plan organized as a single document, with component sections/appendices covering all tasks, operations, and contractors/subcontractors, may promote use efficiency; enhance completeness, clarity and coordination among all affected parties. 5. Training, itagulrwrartB The interim final rule does not have a provision regarding training of less than 40 hours for employees involved in activities at cleanup sites. Prior to the publication of the final rule, OSHA has stated that for non-cleanup activities at designated cleanup sites the determination of the amount of training necessary for the workers to safely perform their job duties will be made on a ease-by-case basis. As you are aware, the final standard addrssses the issue of when less than 40 hours of training may be appropriate, it does not, however, provide for less than 24 hours of training. In general, OSHA will be enforcing the need for a minimum of 24 hours of training regardless of the nature of the job. There may be isolated cases where OSHA*a variance procedures may be appropriate or where OSHA would determine that a situation warrants a deminimis violation. (Note: Depending on the job duties of the workers involved in emergency response, less than 24 hours of training is allowable under the standard.) 6. Employee Classification. You mentioned that in many cases companies have a specialist trained and expert in, for example, tank truck accidents. When an emergency arises, this individual could be called on to provide guidance and technical assistance. Such an employee would be considered a "specialist employee" under 29 CFR 1910.120 (q)(5) and must receive training or VVV 000012955 4 demonstrate competenancy in the area of their specialization annually. 7. Training -Requirements for Management Personnel. Management personnel who during an emergency situation stay out of the hazardous area and who are not talcing charge of the incident, and are not a specialist employee under 29 CFR 1910.120 (g)(5) are not covered by 29 CFR 1910.120. 8. Marine Operations. OSHA does not apply its standards to seamen performing work on vessels which have been inspected and certificated by the U.S. Coast Guard ("inspected vessels") because the Coast Guard has issued comprehensive standards regulating the safety and health of these workers. OSHA has recognized the Coast Guard's jurisdiction over inspected vessels in a Memorandum of Understanding between the two agencies. The Coast Guard has also issued some standards affecting the safety of seamen on uninspected vessels. OSHA would apply its standards to any working conditions not addressed by the Coast Guard. with these exceptions, OSHA has jurisdiction for seamen aboard vessels located on the waters within the three-mile limit, or in the case of Florida and Texas, within the limit of three marine leagues (the territorial waters). OSHA also has jurisdiction for workers performing work on shore or at other locations not aboard a Vessel but within the territorial waters of the U.S. OSHA does not have jurisdiction over vessels outside the territorial waters. 9. Covered Substances and Situations. Example 1. 10,000 lbs of sodium saccharin (artificial sweetener) are spilled from a silo across a plant fence line into a stream bed. About 4000 lbs reach the water. As a CERCLA Hazardous Substance released above its Reportable Quantity (one pound) the release is reported to the Rational Response Center, which in turn notifies the predeeignated Federal On-Scene Coordinator (OSC) The OSC reeponds to evaluate the situation and monitors the proper clean up of the sodium saccharin by the plant owner/operator. What portions of the final rule apply? Answers Sections (b) through (0) of the rule are applicable for sites where a Federal OSC is overlooking the cleanup unless the employer can demonstrate that the operation does 000012956 vvv 5 not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards. Example 2. A company manufacturers ammonium nitrate fertilizer, which is listed and regulated in 49 CFR 172.101 as an Oxidizer. A fire occurs in a corner of the warehouse and is extinguished by a local fire department. Would the subsequent removal of the ammonium nitrate from the warehouse by employees of the company be covered by the final rule as a post-emergency response operation? Answert a hazard would still be present thus the post emergency response provisions of the rule would be applicable. I hope these responses sufficiently address the concerns you raised. If I can be of further assistance, please feel free to contact me again or Ms. MaryAnn Garrahan of the office of Health Compliance Assistance at (202) 523-8036. sincerely, Patricia K. Clark, Acting Director Directorate of compliance Programs HCA: MGarrahan/ld/N3463/523-8036/6-20-89 cc: Garrahan/Smith/Clark/Carey/All RA' s/Plummer/ Bryant/OTI/OCIS/Hillenbrand/Poliey/Chron/Subjecfc/Seymour m/r informed Becky Daiss (orc) on 7/3 of the reasons for the delay in responding. 000012957 vvv