§1910.120 Hazardous Waste
Operations and Emergency Response
(b) Safety and health program.
Note to (b): Safety and health programs developed and implemented
to meet other Federal, state, or local regulations are considered
acceptable in meeting this requirement if they cover or are
modified to cover the topics required in this paragraph. An
additional or separate safety and health program is not required
by this paragraph.
(1) General.
(i) Employers shall develop and implement a written safety and
health program for their employees involved in hazardous waste
operations. The program shall be designed to identify, evaluate,
and control safety and health hazards, and provide for emergency
response for hazardous waste operations.
(ii) The written safety and health program shall incorporate the
following:
(A) An organizational structure;
(B) A comprehensive workplan;
(C) A site-specific safety and health plan which need not repeat
the employer's standard operating procedures required in
paragraph (b)(1)(ii)(F) of this section;
(D) The safety and health training program;
(E) The medical surveillance program;
(F) The employer's standard operating procedures for safety and
health; and
(G) Any necessary interface between general program and site
specific activities.
(iii) Site excavation. Site excavations created during initial
site preparation or during hazardous waste operations shall be
shored or sloped as appropriate to prevent accidental collapse in
accordance with Subpart P of 29 CFR Part 1926.
(iv) Contractors and sub-contractors. An employer who retains
contractor or sub-contractor services for work in hazardous waste
operations shall inform those contractors, sub-contractors, or
their representatives of the site emergency response procedures
and any potential fire, explosion, health, safety or other
hazards of the hazardous waste operation that have been
identified by the employer, including those identified in the
employer's information program.
(v) Program availability. The written safety and health program
shall be made available to any contractor or subcontractor or
their representative who will be involved with the hazardous
waste operation; to employees; to employee designated
representatives; to OSHA personnel, and to personnel of other
Federal, state, or local agencies with regulatory authority over
the site.
(2) Organizational structure part of the site program --
(i) The organizational structure part of the program shall
establish the specific chain of command and specify the overall
responsibilities of supervisors and employees. It shall include,
at a minimum, the following elements:
(A) A general supervisor who has the responsibility and authority
to direct all hazardous waste operations.
(B) A site safety and health supervisor who has the
responsibility and authority to develop and implement the site
safety and health plan and verify compliance.
(C) All other personnel needed for hazardous waste site
operations and emergency response and their general functions and
responsibilities.
(D) The lines of authority, responsibility, and communication.
(ii) The organizational structure shall be reviewed and updated
as necessary to reflect the current status of waste site
operations.
(3) Comprehensive workplan part of the site program. The
comprehensive workplan part of the program shall address the
tasks and objectives of the site operations and the logistics and
resources required to reach those tasks and objectives.
(i) The comprehensive workplan shall address anticipated clean-up
activities as well as normal operating procedures which need not
repeat the employer's procedures available elsewhere.
(ii) The comprehensive workplan shall define work tasks and
objectives and identify the methods for accomplishing those tasks
and objectives.
(iii) The comprehensive workplan shall establish personnel
requirements for implementing the plan.
(iv) The comprehensive workplan shall provide for the
implementation of the training required in paragraph (e) of this
section.
(v) The comprehensive workplan shall provide for the
implementation of the required informational programs required in
paragraph (i) of this section.
(vi) The comprehensive workplan shall provide for the
implementation of the medical surveillance program described in
paragraph (f) of this section.
(4) Site-specific safety and health plan part of the program. --
(i) General. The site safety and health plan, which must be kept
on site, shall address the safety and health hazards of each
phase of site operation and include the requirements and
procedures for employee protection.
(ii) Elements. The site safety and health plan, as a minimum,
shall address the following:
(A) A safety and health risk or hazard analysis for each site
task and operation found in the workplan.
(B) Employee training assignments to assure compliance with
paragraph (e) of this section.
(C) Personal protective equipment to be used by employees for
each of the site tasks and operations being conducted as required
by the personal protective equipment program in paragraph (g)(5)
of this section.
(D) Medical surveillance requirements in accordance with the
program in paragraph (f) of this section.
(E) Frequency and types of air monitoring, personnel monitoring,
and environmental sampling techniques and instrumentation to be
used, including methods of maintenance and calibration of
monitoring and sampling equipment to be used.
(F) Site control measures in accordance with the site control
program required in paragraph (d) of this section.
(G) Decontamination procedures in accordance with paragraph (k)
of this section.
(H) An emergency response plan meeting the requirements of
paragraph (l) of this section for safe and effective responses to
emergencies, including the necessary PPE and other equipment.
(I) Confined space entry procedures.
(J) A spill containment program meeting the requirements of
paragraph (j) of this section.
(iii) Pre-entry briefing. The site specific safety and health
plan shall provide for pre-entry briefings to be held prior to
initiating any site activity, and at such other times as
necessary to ensure that employees are apprised of the site
safety and health plan and that this plan is being followed. The
information and data obtained from site characterization and
analysis work required in paragraph (c) of this section shall be
used to prepare and update the site safety and health plan.
(iv) Effectiveness of site safety and health plan. Inspections
shall be conducted by the site safety and health supervisor or,
in the absence of that individual, another individual who is
knowledgeable in occupational safety and health, acting on behalf
of the employer as necessary to determine the effectiveness of
the site safety and health plan. Any deficiencies in the
effectiveness of the site safety and health plan shall be
corrected by the employer.
(c) Site characterization and analysis --
(1) General. Hazardous waste sites shall be evaluated in
accordance with this paragraph to identify specific site hazards
and to determine the appropriate safety and health control
procedures needed to protect employees from the identified
hazards.
(2) Preliminary evaluation. A preliminary evaluation of a site's
characteristics shall be performed prior to site entry by a
qualified person in order to aid in the selection of appropriate
employee protection methods prior to site entry. Immediately
after initial site entry, a more detailed evaluation of the
site's specific characteristics shall be performed by a qualified
person in order to further identify existing site hazards and to
further aid in the selection of the appropriate engineering
controls and personal protective equipment for the tasks to be
performed.
(3) Hazard identification. All suspected conditions that may pose
inhalation or skin absorption hazards that are immediately
dangerous to life or health (IDLH), or other conditions that may
cause death or serious harm, shall be identified during the
preliminary survey and evaluated during the detailed survey.
Examples of such hazards include, but are not limited to,
confined space entry, potentially explosive or flammable
situations, visible vapor clouds, or areas where biological
indicators such as dead animals or vegetation are located.
(4) Required information. The following information to the extent
available shall be obtained by the employer prior to allowing
employees to enter a site:
(i) Location and approximate size of the site.
(ii) Description of the response activity and/or the job task to
be performed.
(iii) Duration of the planned employee activity.
(iv) Site topography and accessibility by air and roads. (v)
Safety and health hazards expected at the site.
(vi) Pathways for hazardous substance dispersion.
(vii) Present status and capabilities of emergency response teams
that would provide assistance to hazardous waste clean-up site
employees at the time of an emergency.
(viii) Hazardous substances and health hazards involved or
expected at the site, and their chemical and physical properties.
(5) Personal protective equipment. Personal protective equipment
(PPE) shall be provided and used during initial site entry in
accordance with the following requirements:
(i) Based upon the results of the preliminary site evaluation, an
ensemble of PPE shall be selected and used during initial site
entry which will provide protection to a level of exposure below
permissible exposure limits and published exposure levels for
known or suspected hazardous substances and health hazards, and
which will provide protection against other known and suspected
hazards identified during the preliminary site evaluation. If
there is no permissible exposure limit or published exposure
level, the employer may use other published studies and
information as a guide to appropriate personal protective
equipment.
(ii) If positive-pressure self-contained breathing apparatus is
not used as part of the entry ensemble, and if respiratory
protection is warranted by the potential hazards identified
during the preliminary site evaluation, an escape self-contained
breathing apparatus of at least five minute's duration shall be
carried by employees during initial site entry.
(iii) If the preliminary site evaluation does not produce
sufficient information to identify the hazards or suspected
hazards of the site, an ensemble providing protection equivalent
to Level B PPE shall be provided as minimum protection, and
direct reading instruments shall be used as appropriate for
identifying IDLH conditions. (See Appendix B for a description of
Level B hazards and the recommendations for Level B protective
equipment.)
(iv) Once the hazards of the site have been identified, the
appropriate PPE shall be selected and used in accordance with
paragraph (g) of this section.
(6) Monitoring. The following monitoring shall be conducted
during initial site entry when the site evaluation produces
information that shows the potential for ionizing radiation or
IDLH conditions, or when the site information is not sufficient
reasonably to eliminate these possible conditions:
(i) Monitoring with direct reading instruments for hazardous
levels of ionizing radiation.
(ii) Monitoring the air with appropriate direct reading test
equipment (i.e., combustible gas meters, detector tubes) for IDLH
and other conditions that may cause death or serious harm
(combustible or explosive atmospheres, oxygen deficiency, toxic
substances).
(iii) Visually observing for signs of actual or potential IDLH or
other dangerous conditions.
(iv) An ongoing air monitoring program in accordance with
paragraph (h) of this section shall be implemented after site
characterization has determined the site is safe for the start-up
of operations.
(7) Risk identification. Once the presence and concentrations of
specific hazardous substances and health hazards have been
established, the risks associated with these substances shall be
identified. Employees who will be working on the site shall be
informed of any risks that have been identified. In situations
covered by the Hazard Communication Standard, 29 CFR §1910.1200,
training required by that standard need not be duplicated.
Note to (c)(7). -- Risks to consider include, but are not limited
to:
(a) Exposures exceeding the permissible exposure limits and
published exposure levels.
(b) IDLH concentrations.
(c) Potential skin absorption and irritation sources.
(d) Potential eye irritation sources.
(e) Explosion sensitivity and flammability ranges.
(f) Oxygen deficiency.
(8) Employee notification. Any information concerning the
chemical, physical, and toxicologic properties of each substance
known or expected to be present on site that is available to the
employer and relevant to the duties an employee is expected to
perform shall be made available to the affected employees prior
to the commencement of their work activities. The employer may
utilize information developed for the hazard communication
standard for this purpose.
(d) Site control --
(1) General. Appropriate site control procedures shall be
implemented to control employee exposure to hazardous substances
before clean-up work begins.
(2) Site control program. A site control program for protecting
employees which is part of the employer's site safety and health
program required in paragraph (b) of this section shall be
developed during the planning stages of a hazardous waste
clean-up operation and modified as necessary as new information
becomes available.
(3) Elements of the site control program. The site control
program shall, as a minimum, include: A site map; site work
zones; the use of a "buddy system"; site communications
including alerting means for emergencies; the standard operating
procedures or safe work practices; and, identification of the
nearest medical assistance. Where these requirements are covered
elsewhere they need not be repeated.
(e) Training --
(1) General.
(i) All employees working on site (such as but not limited to
equipment operators, general laborers and others) exposed to
hazardous substances, health hazards, or safety hazards and their
supervisors and management responsible for the site shall receive
training meeting the requirements of this paragraph before they
are permitted to engage in hazardous waste operations that could
expose them to hazardous substances, safety, or health hazards,
and they shall receive review training as specified in this
paragraph.
(ii) Employees shall not be permitted to participate in or
supervise field activities until they have been trained to a
level required by their job function and responsibility.
(2) Elements to be covered. The training shall thoroughly cover
the following:
(i) Names of personnel and alternates responsible for site safety
and health;
(ii) Safety, health and other hazards present on the site;
(iii) Use of personal protective equipment;
(iv) Work practices by which the employee can minimize risks from
hazards;
(v) Safe use of engineering controls and equipment on the site;
(vi) Medical surveillance requirements, including recognition of
symptoms and signs which might indicate overexposure to hazards;
and
(vii) The contents of paragraphs (G) through (J) of the site
safety and health plan set forth in paragraph (b)(4)(ii) of this
section.
(3) Initial training.
(i) General site workers (such as equipment operators, general
laborers and supervisory personnel) engaged in hazardous
substance removal or other activities which expose or potentially
expose workers to hazardous substances and health hazards shall
receive a minimum of 40 hours of instruction off the site, and a
minimum of three days actual field experience under the direct
supervision of a trained, experienced supervisor.
(ii) Workers on site only occasionally for a specific limited
task (such as, but not limited to, ground water monitoring, land
surveying, or geo-physical surveying) and who are unlikely to be
exposed over permissible exposure limits and published exposure
limits shall receive a minimum of 24 hours of instruction off the
site, and the minimum of one day actual field experience under
the direct supervision of a trained, experienced supervisor.
(iii) Workers regularly on site who work in areas which have been
monitored and fully characterized indicating that exposures are
under permissible exposure limits and published exposure limits
where respirators are not necessary, and the characterization
indicates that there are no health hazards or the possibility of
an emergency developing, shall receive a minimum of 24 hours of
instruction off the site and the minimum of one day actual field
experience under the direct supervision of a trained, experienced
supervisor.
(iv) Workers with 24 hours of training who are covered by
paragraphs (e)(3)(ii) and (e)(3)(iii) of this section, and who
become general site workers or who are required to wear
respirators, shall have the additional 16 hours and two days of
training necessary to total the training specified in paragraph
(e)(3)(i).
(4) Management and supervisor training. On-site management and
supervisors directly responsible for, or who supervise employees
engaged in, hazardous waste operations shall receive 40 hours
initial training, and three days of supervised field experience
(the training may be reduced to 24 hours and one day if the only
area of their responsibility is employees covered by paragraphs
(e)(3)(ii) and (e)(3)(iii) and at least eight additional hours of
specialized training at the time of job assignment on such topics
as, but not limited to, the employer's safety and health program
and the associated employee training program, personal protective
equipment program, spill containment program, and health hazard
monitoring procedure and techniques.
(5) Qualifications for trainers. Trainers shall be qualified to
instruct employees about the subject matter that is being
presented in training. Such trainers shall have satisfactorily
completed a training program for teaching the subjects they are
expected to teach, or they shall have the academic credentials
and instructional experience necessary for teaching the subjects.
Instructors shall demonstrate competent instructional skills and
knowledge of the applicable subject matter.
(6) Training certification. Employees and supervisors that have
received and successfully completed the training and field
experience specified in paragraphs (e)(1) through (e)(4) of this
section shall be certified by their instructor or the head
instructor and trained supervisor as having successfully
completed the necessary training. A written certificate shall be
given to each person so certified. Any person who has not been so
certified or who does not meet the requirements of paragraph
(e)(9) of this section shall be prohibited from engaging in
hazardous waste operations.
(7) Emergency response. Employees who are engaged in responding
to hazardous emergency situations at hazardous waste clean-up
sites that may expose them to hazardous substances shall be
trained in how to respond to such expected emergencies.
(8) Refresher training. Employees specified in paragraph (e)(1)
of this section, and managers and supervisors specified in
paragraph (e)(4) of this section, shall receive eight hours of
refresher training annually on the items specified in paragraph
(e)(2) and/or (e)(4) of this section, any critique of incidents
that have occurred in the past year that can serve as training
examples of related work, and other relevant topics.
(9) Equivalent training. Employers who can show by documentation
or certification that an employee's work experience and/or
training has resulted in training equivalent to that training
required in paragraphs (e)(1) through (e)(4) of this section
shall not be required to provide the initial training
requirements of those paragraphs to such employees and shall
provide a copy of the certification or documentation to the
employee upon request. However, certified employees or employees
with equivalent training new to a site shall receive appropriate,
site specific training before site entry and have appropriate
supervised field experience at the new site. Equivalent training
includes any academic training or the training that existing
employees might have already received from actual hazardous waste
site work experience.