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[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.120]

[Page 368-410]
 
                             TITLE 29--LABOR

 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 

                                OF LABOR

 
PART 1910_OCCUPATIONAL SAFETY AND HEALTH STANDARDS--Table of Contents

 
                      Subpart H_Hazardous Materials

 
Sec. 1910.120  Hazardous waste operations and emergency response.


    (a) Scope, application, and definitions--(1) Scope. This section 

covers the following operations, unless the employer can demonstrate 

that the operation does not involve employee exposure or the reasonable 

possibility for employee exposure to safety or health hazards:

    (i) Clean-up operations required by a governmental body, whether 

Federal, state, local or other involving hazardous substances that are 

conducted at uncontrolled hazardous waste sites (including, but not 

limited to, the EPA's National Priority Site List (NPL), state priority 

site lists, sites recommended for the EPA NPL, and initial 

investigations of government identified sites which are conducted before 

the presence or absence of hazardous substances has been ascertained);

    (ii) Corrective actions involving clean-up operations at sites 

covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as 

amended (42 U.S.C. 6901 et seq.);

    (iii) Voluntary clean-up operations at sites recognized by Federal, 

state, local or other governmental bodies as uncontrolled hazardous 

waste sites;

    (iv) Operations involving hazardous wastes that are conducted at 

treatment, storage, and disposal (TSD) facilities regulated by 40 CFR 

parts 264 and 265 pursuant to RCRA; or by agencies under agreement with 

U.S.E.P.A. to implement RCRA regulations; and

    (v) Emergency response operations for releases of, or substantial 

threats of releases of, hazardous substances without regard to the 

location of the hazard.

    (2) Application. (i) All requirements of part 1910 and part 1926 of 

title 29 of the Code of Federal Regulations apply pursuant to their 

terms to hazardous waste and emergency response operations whether 

covered by this section or not. If there is a conflict or overlap, the 

provision more protective of employee safety and health shall apply 

without regard to 29 CFR 1910.5(c)(1).

    (ii) Hazardous substance clean-up operations within the scope of 

paragraphs (a)(1)(i) through (a)(1)(iii) of this section must comply 

with all paragraphs of this section except paragraphs (p) and (q).

    (iii) Operations within the scope of paragraph (a)(1)(iv) of this 

section must comply only with the requirements of paragraph (p) of this 

section.



    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 state law authorized under 

RCRA, and required to 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 261.5 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)(1) 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



[[Page 369]]



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) of this section.



    (iv) Emergency response operations for releases of, or substantial 

threats of releases of, hazardous substances which are not covered by 

paragraphs (a)(1)(i) through (a)(1)(iv) of this section must only comply 

with the requirements of paragraph (q) of this section.

    (3) Definitions--Buddy system means a system of organizing employees 

into work groups in such a manner that each employee of the work group 

is designated to be observed by at least one other employee in the work 

group. The purpose of the buddy system is to provide rapid assistance to 

employees in the event of an emergency.

    Clean-up operation means an operation where hazardous substances are 

removed, contained, incinerated, neutralized, stabilized, cleared-up, or 

in any other manner processed or handled with the ultimate goal of 

making the site safer for people or the environment.

    Decontamination means the removal of hazardous substances from 

employees and their equipment to the extent necessary to preclude the 

occurrence of foreseeable adverse health affects.

    Emergency response or responding to emergencies means a response 

effort by employees from outside the immediate release area or by other 

designated responders (i.e., mutual-aid groups, local fire departments, 

etc.) to an occurrence which results, or is likely to result, in an 

uncontrolled release of a hazardous substance. Responses to incidental 

releases of hazardous substances where the substance can be absorbed, 

neutralized, or otherwise controlled at the time of release by employees 

in the immediate release area, or by maintenance personnel are not 

considered to be emergency responses within the scope of this standard. 

Responses to releases of hazardous substances where there is no 

potential safety or health hazard (i.e., fire, explosion, or chemical 

exposure) are not considered to be emergency responses.

    Facility means (A) any building, structure, installation, equipment, 

pipe or pipeline (including any pipe into a sewer or publicly owned 

treatment works), well, pit, pond, lagoon, impoundment, ditch, storage 

container, motor vehicle, rolling stock, or aircraft, or (B) any site or 

area where a hazardous substance has been deposited, stored, disposed 

of, or placed, or otherwise come to be located; but does not include any 

consumer product in consumer use or any water-borne vessel.

    Hazardous materials response (HAZMAT) team means an organized group 

of employees, designated by the employer, who are expected to perform 

work to handle and control actual or potential leaks or spills of 

hazardous substances requiring possible close approach to the substance. 

The team members perform responses to releases or potential releases of 

hazardous substances for the purpose of control or stabilization of the 

incident. A HAZMAT team is not a fire brigade nor is a typical fire 

brigade a HAZMAT team. A HAZMAT team, however, may be a separate 

component of a fire brigade or fire department.

    Hazardous substance means any substance designated or listed under 

paragraphs (A) through (D) of this definition, exposure to which results 

or may result in adverse affects on the health or safety of employees:

    (A) Any substance defined under section 101(14) of CERCLA;

    (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



[[Page 370]]



mutation, physiological malfunctions (including malfunctions in 

reproduction) or physical deformations in such persons or their 

offspring;

    (C) Any substance listed by the U.S. Department of Transportation as 

hazardous materials under 49 CFR 172.101 and appendices; and

    (D) Hazardous waste as herein defined.

    Hazardous waste means--

    (A) A waste or combination of wastes as defined in 40 CFR 261.3, or

    (B) Those substances defined as hazardous wastes in 49 CFR 171.8.

    Hazardous waste operation means any operation conducted within the 

scope of this standard.

    Hazardous waste site or Site means any facility or location within 

the scope of this standard at which hazardous waste operations take 

place.

    Health hazard means a chemical, mixture of chemicals or a pathogen 

for which there is statistically significant evidence based on at least 

one study conducted in accordance with established scientific principles 

that acute or chronic health effects may occur in exposed employees. The 

term ``health hazard'' includes chemicals which are carcinogens, toxic 

or highly toxic agents, reproductive toxins, irritants, corrosives, 

sensitizers, heptaotoxins, nephrotoxins, neurotoxins, agents which act 

on the hematopoietic system, and agents which damage the lungs, skin, 

eyes, or mucous membranes. It also includes stress due to temperature 

extremes. Further definition of the terms used above can be found in 

appendix A to 29 CFR 1910.1200.

    IDLH orImmediately dangerous to life or health means an atmospheric 

concentration of any toxic, corrosive or asphyxiant substance that poses 

an immediate threat to life or would cause irreversible or delayed 

adverse health effects or would interfere with an individual's ability 

to escape from a dangerous atmosphere.

    Oxygen deficiency means that concentration of oxygen by volume below 

which atmosphere supplying respiratory protection must be provided. It 

exists in atmospheres where the percentage of oxygen by volume is less 

than 19.5 percent oxygen.

    Permissible exposure limit means the exposure, inhalation or dermal 

permissible exposure limit specified in 29 CFR part 1910, subparts G and 

Z.

    Published exposure level means the exposure limits published in 

``NIOSH Recommendations for Occupational Health Standards'' dated 1986, 

which is incorporated by reference as specified in Sec. 1910.6 or if 

none is specified, the exposure limits published in the standards 

specified by the American Conference of Governmental Industrial 

Hygienists in their publication ``Threshold Limit Values and Biological 

Exposure Indices for 1987-88'' dated 1987, which is incorporated by 

reference as specified in Sec. 1910.6.

    Post emergency response means that portion of an emergency response 

performed after the immediate threat of a release has been stabilized or 

eliminated and clean-up of the site has begun. If post emergency 

response is performed by an employer's own employees who were part of 

the initial emergency response, it is considered to be part of the 

initial response and not post emergency response. However, if a group of 

an employer's own employees, separate from the group providing initial 

response, performs the clean-up operation, then the separate group of 

employees would be considered to be performing post-emergency response 

and subject to paragraph (q)(11) of this section.

    Qualified person means a person with specific training, knowledge 

and experience in the area for which the person has the responsibility 

and the authority to control.

    Site safety and health supervisor (or official) means the individual 

located on a hazardous waste site who is responsible to the employer and 

has the authority and knowledge necessary to implement the site safety 

and health plan and verify compliance with applicable safety and health 

requirements.

    Small quantity qenerator means a generator of hazardous wastes who 

in any calendar month generates no more than 1,000 kilograms (2,205 

pounds) of hazardous waste in that month.

    Uncontrolled hazardous waste site, means an area identified as an 

uncontrolled hazardous waste site by a governmental body, whether 

Federal,



[[Page 371]]



state, local or other where an accumulation of hazardous substances 

creates a threat to the health and safety of individuals or the 

environment or both. Some sites are found on public lands such as those 

created by former municipal, county or state landfills where illegal or 

poorly managed waste disposal has taken place. Other sites are found on 

private property, often belonging to generators or former generators of 

hazardous substance wastes. Examples of such sites include, but are not 

limited to, surface impoundments, landfills, dumps, and tank or drum 

farms. Normal operations at TSD sites are not covered by this 

definition.

    (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 

organizationa1 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



[[Page 372]]



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



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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).



[[Page 374]]



    (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 paragraph (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



[[Page 375]]



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



[[Page 376]]



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.

    (f) Medical surveillance--(1) General. Employers engaged in 

operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this 

section and not covered by (a)(2)(iii) exceptions and employers of 

employees specified in paragraph (q)(9) shall institute a medical 

surveillance program in accordance with this paragraph.

    (2) Employees covered. The medical surveillance program shall be 

instituted by the employer for the following employees:

    (i) All employees who are or may be exposed to hazardous substances 

or health hazards at or above the permissible exposure limits or, if 

there is no permissible exposure limit, above the published exposure 

levels for these substances, without regard to the use of respirators, 

for 30 days or more a year;

    (ii) All employees who wear a respirator for 30 days or more a year 

or as required by Sec. 1910.134;

    (iii) 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

    (iv) Members of HAZMAT teams.

    (3) Frequency of medical examinations and consultations. Medical 

examinations and consultations shall be made available by the employer 

to each employee covered under paragraph (f)(2) of this section on the 

following schedules:

    (i) For employees covered under paragraphs (f)(2)(i), (f)(2)(ii), 

and (f)(2)(iv):

    (A) Prior to assignment;

    (B) At least once every twelve months for each employee covered 

unless the attending physician believes a longer interval (not greater 

than biennially) is appropriate;

    (C) At termination of employment or reassignment to an area where 

the employee would not be covered if the employee has not had an 

examination within the last six months;

    (D) As soon as possible upon notification by an employee that the 

employee has developed signs or symptoms indicating possible 

overexposure to hazardous substances or health hazards, or that the 

employee has been injured or exposed above the permissible exposure 

limits or published exposure levels in an emergency situation;

    (E) At more frequent times, if the examining physician determines 

that an increased frequency of examination is medically necessary.

    (ii) For employees covered under paragraph (f)(2)(iii) and for all 

employees including those of employers covered by paragraph (a)(1)(v) 

who may have been injured, received a health impairment, developed signs 

or symptoms which may have resulted from exposure to hazardous 

substances resulting from an emergency incident, or exposed during an 

emergency incident to hazardous substances at concentrations above the 

permissible exposure limits or the published exposure levels without the 

necessary personal protective equipment being used:

    (A) As soon as possible following the emergency incident or 

development of signs or symptoms;

    (B) At additional times, if the examining physician determines that 

follow-up examinations or consultations are medically necessary.

    (4) Content of medical examinations and consultations. (i) Medical 

examinations required by paragraph (f)(3) of this section shall include 

a medical and work history (or updated history if one is in the 

employee's file) with special emphasis on symptoms related to the 

handling of hazardous substances and health hazards, and to fitness for 

duty including the ability to wear any required PPE under conditions 

(i.e., temperature extremes) that may be expected at the work site.

    (ii) The content of medical examinations or consultations made 

available to employees pursuant to paragraph (f) shall be determined by 

the attending physician. The guidelines in the Occupational Safety and 

Health Guidance



[[Page 377]]



Manual for Hazardous Waste Site Activities (See appendix D, Reference 

<greek-i>10) should be consulted.

    (5) Examination by a physician and costs. All medical examinations 

and procedures shall be performed by or under the supervision of a 

licensed physician, preferably one knowledgeable in occupational 

medicine, and shall be provided without cost to the employee, without 

loss of pay, and at a reasonable time and place.

    (6) Information provided to the physician. The employer shall 

provide one copy of this standard and its appendices to the attending 

physician, and in addition the following for each employee:

    (i) A description of the employee's duties as they relate to the 

employee's exposures.

    (ii) The employee's exposure levels or anticipated exposure levels.

    (iii) A description of any personal protective equipment used or to 

be used.

    (iv) Information from previous medical examinations of the employee 

which is not readily available to the examining physician.

    (v) Information required by Sec. 1910.134.

    (7) Physician's written opinion. (i) The employer shall obtain and 

furnish the employee with a copy of a written opinion from the attending 

physician containing the following:

    (A) The physician's opinion as to whether the employee has any 

detected medical conditions which would place the employee at increased 

risk of material impairment of the employee's health from work in 

hazardous waste operations or emergency response, or from respirator 

use.

    (B) The physician's recommended limitations upon the employee's 

assigned work.

    (C) The results of the medical examination and tests if requested by 

the employee.

    (D) A statement that the employee has been informed by the physician 

of the results of the medical examination and any medical conditions 

which require further examination or treatment.

    (ii) The written opinion obtained by the employer shall not reveal 

specific findings or diagnoses unrelated to occupational exposures.

    (8) Recordkeeping. (i) An accurate record of the medical 

surveillance required by paragraph (f) of this section shall be 

retained. This record shall be retained for the period specified and 

meet the criteria of 29 CFR 1910.1020.

    (ii) The record required in paragraph (f)(8)(i) of this section 

shall include at least the following information:

    (A) The name and social security number of the employee;

    (B) Physician's written opinions, recommended limitations, and 

results of examinations and tests;

    (C) Any employee medical complaints related to exposure to hazardous 

substances;

    (D) A copy of the information provided to the examining physician by 

the employer, with the exception of the standard and its appendices.

    (g) Engineering controls, work practices, and personal protective 

equipment for employee protection. Engineering controls, work practices, 

personal protective equipment, or a combination of these shall be 

implemented in accordance with this paragraph to protect employees from 

exposure to hazardous substances and safety and health hazards.

    (1) Engineering controls, work practices and PPE for substances 

regulated in subparts G and Z. (i) Engineering controls and work 

practices shall be instituted to reduce and maintain employee exposure 

to or below the permissible exposure limits for substances regulated by 

29 CFR part 1910, to the extent required by subpart Z, except to the 

extent that such controls and practices are not feasible.



    Note to paragraph (g)(1)(i): Engineering controls which may be 

feasible include the use of pressurized cabs or control booths on 

equipment, and/or the use of remotely operated material handling 

equipment. Work practices which may be feasible are removing all non-

essential employees from potential exposure during opening of drums, 

wetting down dusty operations and locating employees upwind of possible 

hazards.



    (ii) Whenever engineering controls and work practices are not 

feasible or not required, any reasonable combination of engineering 

controls, work



[[Page 378]]



practices and PPE shall be used to reduce and maintain employee 

exposures to or below the permissible exposure limits or dose limits for 

substances regulated by 29 CFR part 1910, subpart Z.

    (iii) The employer shall not implement a schedule of employee 

rotation as a means of compliance with permissible exposure limits or 

dose limits except when there is no other feasible way of complying with 

the airborne or dermal dose limits for ionizing radiation.

    (iv) The provisions of 29 CFR, subpart G, shall be followed.

    (2) Engineering controls, work practices, and PPE for substances not 

regulated in subparts G and Z. An appropriate combination of engineering 

controls, work practices and personal protective equipment shall be used 

to reduce and maintain employee exposure to or below published exposure 

levels for hazardous substances and health hazards not regulated by 29 

CFR part 1910, subparts G and Z. The employer may use the published 

literature and MSDS as a guide in making the employer's determination as 

to what level of protection the employer believes is appropriate for 

hazardous substances and health hazards for which there is no 

permissible exposure limit or published exposure limit.

    (3) Personal protective equipment selection. (i) Personal protective 

equipment (PPE) shall be selected and used which will protect employees 

from the hazards and potential hazards they are likely to encounter as 

identified during the site characterization and analysis.

    (ii) Personal protective equipment selection shall be based on an 

evaluation of the performance characteristics of the PPE relative to the 

requirements and limitations of the site, the task-specific conditions 

and duration, and the hazards and potential hazards identified at the 

site.

    (iii) Positive pressure self-contained breathing apparatus, or 

positive pressure air-line respirators equipped with an escape air 

supply, shall be used when chemical exposure levels present will create 

a substantial possibility of immediate death, immediate serious illness 

or injury, or impair the ability to escape.

    (iv) Totally-encapsulating chemical protective suits (protection 

equivalent to Level A protection as recommended in appendix B) shall be 

used in conditions where skin absorption of a hazardous substance may 

result in a substantial possibility of immediate death, immediate 

serious illness or injury, or impair the ability to escape.

    (v) The level of protection provided by PPE selection shall be 

increased when additional information on site conditions indicates that 

increased protection is necessary to reduce employee exposures below 

permissible exposure limits and published exposure levels for hazardous 

substances and health hazards. (See appendix B for guidance on selecting 

PPE ensembles.)



    Note to paragraph (g)(3): The level of employee protection provided 

may be decreased when additional information or site conditions show 

that decreased protection will not result in hazardous exposures to 

employees.



    (vi) Personal protective equipment shall be selected and used to 

meet the requirements of 29 CFR part 1910, subpart I, and additional 

requirements specified in this section.

    (4) Totally-encapsulating chemical protective suits. (i) Totally-

encapsulating suits shall protect employees from the particular hazards 

which are identified during site characterization and analysis.

    (ii) Totally-encapsulating suits shall be capable of maintaining 

positive air pressure. (See appendix A for a test method which may be 

used to evaluate this requirement.)

    (iii) Totally-encapsulating suits shall be capable of preventing 

inward test gas leakage of more than 0.5 percent. (See appendix A for a 

test method which may be used to evaluate this requirement.)

    (5) Personal protective equipment (PPE) program. A written personal 

protective equipment program, which is part of the employer's safety and 

health program required in paragraph (b) of this section or required in 

paragraph (p)(1) of this section and which is also a part of the site-

specific safety and health plan shall be established. The PPE program 

shall address the elements listed below. When elements, such as donning 

and doffing procedures, are provided by



[[Page 379]]



the manufacturer of a piece of equipment and are attached to the plan, 

they need not be rewritten into the plan as long as they adequately 

address the procedure or element.

    (i) PPE selection based upon site hazards,

    (ii) PPE use and limitations of the equipment,

    (iii) Work mission duration,

    (iv) PPE maintenance and storage,

    (v) PPE decontamination and disposal,

    (vi) PPE training and proper fitting,

    (vii) PPE donning and doffing procedures,

    (viii) PPE inspection procedures prior to, during, and after use,

    (ix) Evaluation of the effectiveness of the PPE program, and

    (x) Limitations during temperature extremes, heat stress, and other 

appropriate medical considerations.

    (h) Monitoring--(1) General. (i) Monitoring shall be performed in 

accordance with this paragraph where there may be a question of employee 

exposure to hazardous concentrations of hazardous substances in order to 

assure proper selection of engineering controls, work practices and 

personal protective equipment so that employees are not exposed to 

levels which exceed permissible exposure limits, or published exposure 

levels if there are no permissible exposure limits, for hazardous 

substances.

    (ii) Air monitoring shall be used to identify and quantify airborne 

levels of hazardous substances and safety and health hazards in order to 

determine the appropriate level of employee protection needed on site.

    (2) Initial entry. Upon initial entry, representative air monitoring 

shall be conducted to identify any IDLH condition, exposure over 

permissible exposure limits or published exposure levels, exposure over 

a radioactive material's dose limits or other dangerous condition such 

as the presence of flammable atmospheres or oxygen-deficient 

environments.

    (3) Periodic monitoring. Periodic monitoring shall be conducted when 

the possibility of an IDLH condition or flammable atmosphere has 

developed or when there is indication that exposures may have risen over 

permissible exposure limits or published exposure levels since prior 

monitoring. Situations where it shall be considered whether the 

possibility that exposures have risen are as follows:

    (i) When work begins on a different portion of the site.

    (ii) When contaminants other than those previously identified are 

being handled.

    (iii) When a different type of operation is initiated (e.g., drum 

opening as opposed to exploratory well drilling).

    (iv) When employees are handling leaking drums or containers or 

working in areas with obvious liquid contamination (e.g., a spill or 

lagoon).

    (4) Monitoring of high-risk employees. After the actual clean-up 

phase of any hazardous waste operation commences; for example, when 

soil, surface water or containers are moved or disturbed; the employer 

shall monitor those employees likely to have the highest exposures to 

hazardous substances and health hazards likely to be present above 

permissible exposure limits or published exposure levels by using 

personal sampling frequently enough to characterize employee exposures. 

If the employees likely to have the highest exposure are over 

permissible exposure limits or published exposure limits, then 

monitoring shall continue to determine all employees likely to be above 

those limits. The employer may utilize a representative sampling 

approach by documenting that the employees and chemicals chosen for 

monitoring are based on the criteria stated above.



    Note to paragraph (h): It is not required to monitor employees 

engaged in site characterization operations covered by paragraph (c) of 

this section.



    (i) Informational programs. Employers shall develop and implement a 

program, which is part of the employer's safety and health program 

required in paragraph (b) of this section, to inform employees, 

contractors, and subcontractors (or their representative) actually 

engaged in hazardous waste operations of the nature, level and degree of 

exposure likely as a result of participation in such hazardous waste 

operations. Employees, contractors and subcontractors working outside of 

the



[[Page 380]]



operations part of a site are not covered by this standard.

    (j) Handling drums and containers--(1) General. (i) Hazardous 

substances and contaminated soils, liquids, and other residues shall be 

handled, transported, labeled, and disposed of in accordance with this 

paragraph.

    (ii) Drums and containers used during the clean-up shall meet the 

appropriate DOT, OSHA, and EPA regulations for the wastes that they 

contain.

    (iii) When practical, drums and containers shall be inspected and 

their integrity shall be assured prior to being moved. Drums or 

containers that cannot be inspected before being moved because of 

storage conditions (i.e., buried beneath the earth, stacked behind other 

drums, stacked several tiers high in a pile, etc.) shall be moved to an 

accessible location and inspected prior to further handling.

    (iv) Unlabelled drums and containers shall be considered to contain 

hazardous substances and handled accordingly until the contents are 

positively identified and labeled.

    (v) Site operations shall be organized to minimize the amount of 

drum or container movement.

    (vi) Prior to movement of drums or containers, all employees exposed 

to the transfer operation shall be warned of the potential hazards 

associated with the contents of the drums or containers.

    (vii) U.S. Department of Transportation specified salvage drums or 

containers and suitable quantities of proper absorbent shall be kept 

available and used in areas where spills, leaks, or ruptures may occur.

    (viii) Where major spills may occur, a spill containment program, 

which is part of the employer's safety and health program required in 

paragraph (b) of this section, shall be implemented to contain and 

isolate the entire volume of the hazardous substance being transferred.

    (ix) Drums and containers that cannot be moved without rupture, 

leakage, or spillage shall be emptied into a sound container using a 

device classified for the material being transferred.

    (x) A ground-penetrating system or other type of detection system or 

device shall be used to estimate the location and depth of buried drums 

or containers.

    (xi) Soil or covering material shall be removed with caution to 

prevent drum or container rupture.

    (xii) Fire extinguishing equipment meeting the requirements of 29 

CFR part 1910, subpart L, shall be on hand and ready for use to control 

incipient fires.

    (2) Opening drums and containers. The following procedures shall be 

followed in areas where drums or containers are being opened:

    (i) Where an airline respirator system is used, connections to the 

source of air supply shall be protected from contamination and the 

entire system shall be protected from physical damage.

    (ii) Employees not actually involved in opening drums or containers 

shall be kept a safe distance from the drums or containers being opened.

    (iii) If employees must work near or adjacent to drums or containers 

being opened, a suitable shield that does not interfere with the work 

operation shall be placed between the employee and the drums or 

containers being opened to protect the employee in case of accidental 

explosion.

    (iv) Controls for drum or container opening equipment, monitoring 

equipment, and fire suppression equipment shall be located behind the 

explosion-resistant barrier.

    (v) When there is a reasonable possibility of flammable atmospheres 

being present, material handling equipment and hand tools shall be of 

the type to prevent sources of ignition.

    (vi) Drums and containers shall be opened in such a manner that 

excess interior pressure will be safely relieved. If pressure can not be 

relieved from a remote location, appropriate shielding shall be placed 

between the employee and the drums or containers to reduce the risk of 

employee injury.

    (vii) Employees shall not stand upon or work from drums or 

containers.

    (3) Material handling equipment. Material handiing equipment used to 

transfer drums and containers shall be selected, positioned and operated 

to minimize sources of ignition related to the equipment from igniting 

vapors released from ruptured drums or containers.



[[Page 381]]



    (4) Radioactive wastes. Drums and containers containing radioactive 

wastes shall not be handled until such time as their hazard to employees 

is properly assessed.

    (5) Shock sensitive wastes. As a minimum, the following special 

precautions shall be taken when drums and containers containing or 

suspected of containing shock-sensitive wastes are handled:

    (i) All non-essential employees shall be evacuated from the area of 

transfer.

    (ii) Material handling equipment shall be provided with explosive 

containment devices or protective shields to protect equipment operators 

from exploding containers.

    (iii) An employee alarm system capable of being perceived above 

surrounding light and noise conditions shall be used to signal the 

commencement and completion of explosive waste handling activities.

    (iv) Continuous communications (i.e., portable radios, hand signals, 

telephones, as appropriate) shall be maintained between the employee-in-

charge of the immediate handling area and both the site safety and 

health supervisor and the command post until such time as the handling 

operation is completed. Communication equipment or methods that could 

cause shock sensitive materials to explode shall not be used.

    (v) Drums and containers under pressure, as evidenced by bulging or 

swelling, shall not be moved until such time as the cause for excess 

pressure is determined and appropriate containment procedures have been 

implemented to protect employees from explosive relief of the drum.

    (vi) Drums and containers containing packaged laboratory wastes 

shall be considered to contain shock-sensitive or explosive materials 

until they have been characterized.



    Caution: Shipping of shock sensitive wastes may be prohibited under 

U.S. Department of Transportation regulations. Employers and their 

shippers should refer to 49 CFR 173.21 and 173.50.



    (6) Laboratory waste packs. In addition to the requirements of 

paragraph (j)(5) of this section, the following precautions shall be 

taken, as a minimum, in handling laboratory waste packs (lab packs):

    (i) Lab packs shall be opened only when necessary and then only by 

an individual knowledgeable in the inspection, classification, and 

segregation of the containers within the pack according to the hazards 

of the wastes.

    (ii) If crystalline material is noted on any container, the contents 

shall be handled as a shock-sensitive waste until the contents are 

identified.

    (7) Sampling of drum and container contents. Sampling of containers 

and drums shall be done in accordance with a sampling procedure which is 

part of the site safety and health plan developed for and available to 

employees and others at the specific worksite.

    (8) Shipping and transport. (i) Drums and containers shall be 

identified and classified prior to packaging for shipment.

    (ii) Drum or container staging areas shall be kept to the minimum 

number necessary to identify and classify materials safely and prepare 

them for transport.

    (iii) Staging areas shall be provided with adequate access and 

egress routes.

    (iv) Bulking of hazardous wastes shall be permitted only after a 

thorough characterization of the materials has been completed.

    (9) Tank and vault procedures. (i) Tanks and vaults containing 

hazardous substances shall be handled in a manner similar to that for 

drums and containers, taking into consideration the size of the tank or 

vault.

    (ii) Appropriate tank or vault entry procedures as described in the 

employer's safety and health plan shall be followed whenever employees 

must enter a tank or vault.

    (k) Decontamination--(1) General. Procedures for all phases of 

decontamination shall be developed and implemented in accordance with 

this paragraph.

    (2) Decontamination procedures. (i) A decontamination procedure 

shall be developed, communicated to employees and implemented before any 

employees or equipment may enter areas on site where potential for 

exposure to hazardous substances exists.



[[Page 382]]



    (ii) Standard operating procedures shall be developed to minimize 

employee contact with hazardous substances or with equipment that has 

contacted hazardous substances.

    (iii) All employees leaving a contaminated area shall be 

appropriately decontaminated; all contaminated clothing and equipment 

leaving a contaminated area shall be appropriately disposed of or 

decontaminated.

    (iv) Decontamination procedures shall be monitored by the site 

safety and health supervisor to determine their effectiveness. When such 

procedures are found to be ineffective, appropriate steps shall be taken 

to correct any deficiencies.

    (3) Location. Decontamination shall be performed in geographical 

areas that will minimize the exposure of uncontaminated employees or 

equipment to contaminated employees or equipment.

    (4) Equipment and solvents. All equipment and solvents used for 

decontamination shall be decontaminated or disposed of properly.

    (5) Personal protective clothing and equipment. (i) Protective 

clothing and equipment shall be decontaminated, cleaned, laundered, 

maintained or replaced as needed to maintain their effectiveness.

    (ii) Employees whose non-impermeable clothing becomes wetted with 

hazardous substances shall immediately remove that clothing and proceed 

to shower. The clothing shall be disposed of or decontaminated before it 

is removed from the work zone.

    (6) Unauthorized employees. Unauthorized employees shall not remove 

protective clothing or equipment from change rooms.

    (7) Commercial laundries or cleaning establishments. Commercial 

laundries or cleaning establishments that decontaminate protective 

clothing or equipment shall be informed of the potentially harmful 

effects of exposures to hazardous substances.

    (8) Showers and change rooms. Where the decontamination procedure 

indicates a need for regular showers and change rooms outside of a 

contaminated area, they shall be provided and meet the requirements of 

29 CFR 1910.141. If temperature conditions prevent the effective use of 

water, then other effective means for cleansing shall be provided and 

used.

    (l) Emergency response by employees at uncontrolled hazardous waste 

sites--(1) Emergency response plan. (i) An emergency response plan shall 

be developed and implemented by all employers within the scope of 

paragraphs (a)(1) (i)-(ii) of this section to handle anticipated 

emergencies prior to the commencement of hazardous waste operations. The 

plan shall be in writing and available for inspection and copying by 

employees, their representatives, OSHA personnel and other governmental 

agencies with relevant responsibilities.

    (ii) Employers who will evacuate their employees from the danger 

area when an emergency occurs, and who do not permit any of their 

employees to assist in handling the emergency, are exempt from the 

requirements of this paragraph if they provide an emergency action plan 

complying with 29 CFR 1910.38.

    (2) Elements of an emergency response plan. The employer shall 

develop an emergency response plan for emergencies which shall address, 

as a minimum, the following:

    (i) Pre-emergency planning.

    (ii) Personnel roles, lines of authority, and communication.

    (iii) Emergency recognition and prevention.

    (iv) Safe distances and places of refuge.

    (v) Site security and control.

    (vi) Evacuation routes and procedures.

    (vii) Decontamination procedures which are not covered by the site 

safety and health plan.

    (viii) Emergency medical treatment and first aid.

    (ix) Emergency alerting and response procedures.

    (x) Critique of response and follow-up.

    (xi) PPE and emergency equipment.

    (3) Procedures for handling emergency incidents. (i) In addition to 

the elements for the emergency response plan required in paragraph 

(l)(2) of this section, the following elements shall be included for 

emergency response plans:



[[Page 383]]



    (A) Site topography, layout, and prevailing weather conditions.

    (B) Procedures for reporting incidents to local, state, and federal 

governmental agencies.

    (ii) The emergency response plan shall be a separate section of the 

Site Safety and Health Plan.

    (iii) The emergency response plan shall be compatible and integrated 

with the disaster, fire and/or emergency response plans of local, state, 

and federal agencies.

    (iv) The emergency response plan shall be rehearsed regularly as 

part of the overall training program for site operations.

    (v) The site emergency response plan shall be reviewed periodically 

and, as necessary, be amended to keep it current with new or changing 

site conditions or information.

    (vi) An employee alarm system shall be installed in accordance with 

29 CFR 1910.165 to notify employees of an emergency situation; to stop 

work activities if necessary; to lower background noise in order to 

speed communication; and to begin emergency procedures.

    (vii) Based upon the information available at time of the emergency, 

the employer shall evaluate the incident and the site response 

capabilities and proceed with the appropriate steps to implement the 

site emergency response plan.

    (m) Illumination. Areas accessible to employees shall be lighted to 

not less than the minimum illumination intensities listed in the 

following Table H-120.1 while any work is in progress:



     Table H-120.1--Minimum Illumination Intensities in Foot-Candles

------------------------------------------------------------------------

              Foot-candles                      Area or operations

------------------------------------------------------------------------

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

3......................................  Excavation and waste areas,

                                          accessways, active storage

                                          areas, loading platforms,

                                          refueling, and field

                                          maintenance areas.

5......................................  Indoors: Warehouses, corridors,

                                          hallways, and exitways.

5......................................  Tunnels, shafts, and general

                                          underground work areas.

                                          (Exception: Minimum of 10 foot-

                                          candles is required at tunnel

                                          and shaft heading during

                                          drilling mucking, and scaling.

                                          Mine Safety and Health

                                          Administration approved cap

                                          lights shall be acceptable for

                                          use in the tunnel heading.)

10.....................................  General shops (e.g., mechanical

                                          and electrical equipment

                                          rooms, active storerooms,

                                          barracks or living quarters,

                                          locker or dressing rooms,

                                          dining areas, and indoor

                                          toilets and workrooms.)

30.....................................  First aid stations,

                                          infirmaries, and offices.

------------------------------------------------------------------------



    (n) Sanitation at temporary workplaces--(1) Potable water. (i) An 

adequate supply of potable water shall be provided on the site.

    (ii) Portable containers used to dispense drinking water shall be 

capable of being tightly closed, and equipped with a tap. Water shall 

not be dipped from containers.

    (iii) Any container used to distribute drinking water shall be 

clearly marked as to the nature of its contents and not used for any 

other purpose.

    (iv) Where single service cups (to be used but once) are supplied, 

both a sanitary container for the unused cups and a receptacle for 

disposing of the used cups shall be provided.

    (2) Nonpotable water. (i) Outlets for nonpotable water, such as 

water for firefighting purposes, shall be identified to indicate clearly 

that the water is unsafe and is not to be used for drinking, washing, or 

cooking purposes.

    (ii) There shall be no cross-connection, open or potential, between 

a system furnishing potable water and a system furnishing nonpotable 

water.

    (3) Toilet facilities. (i) Toilets shall be provided for employees 

according to the following Table H-120.2.



                    Table H-120.2--Toilet Facilities

------------------------------------------------------------------------

            Number of employees             Minimum number of facilities

------------------------------------------------------------------------

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

More than 20, fewer than 200..............  One toilet seat and one

                                             urinal per 40 employees.

More than 200.............................  One toilet seat and one

                                             urinal per 50 employees.

------------------------------------------------------------------------



    (ii) Under temporary field conditions, provisions shall be made to 

assure that at least one toilet facility is available.

    (iii) Hazardous waste sites not provided with a sanitary sewer shall 

be provided with the following toilet facilities unless prohibited by 

local codes:



[[Page 384]]



    (A) Chemical toilets;

    (B) Recirculating toilets;

    (C) Combustion toilets; or

    (D) Flush toilets.

    (iv) The requirements of this paragraph for sanitation facilities 

shall not apply to mobile crews having transportation readily available 

to nearby toilet facilities.

    (v) Doors entering toilet facilities shall be provided with entrance 

locks controlled from inside the facility.

    (4) Food handling. All food service facilities and operations for 

employees shall meet the applicable laws, ordinances, and regulations of 

the jurisdictions in which they are located.

    (5) Temporary sleeping quarters. When temporary sleeping quarters 

are provided, they shall be heated, ventilated, and lighted.

    (6) Washing facilities. The employer shall provide adequate washing 

facilities for employees engaged in operations where hazardous 

substances may be harmful to employees. Such facilities shall be in near 

proximity to the worksite; in areas where exposures are below 

permissible exposure limits and published exposure levels and which are 

under the controls of the employer; and shall be so equipped as to 

enable employees to remove hazardous substances from themselves.

    (7) Showers and change rooms. When hazardous waste clean-up or 

removal operations commence on a site and the duration of the work will 

require six months or greater time to complete, the employer shall 

provide showers and change rooms for all employees exposed to hazardous 

substances and health hazards involved in hazardous waste clean-up or 

removal operations.

    (i) Showers shall be provided and shall meet the requirements of 29 

CFR 1910.141(d)(3).

    (ii) Change rooms shall be provided and shall meet the requirements 

of 29 CFR 1910.141(e). Change rooms shall consist of two separate change 

areas separated by the shower area required in paragraph (n)(7)(i) of 

this section. One change area, with an exit leading off the worksite, 

shall provide employees with a clean area where they can remove, store, 

and put on street clothing. The second area, with an exit to the 

worksite, shall provide employees with an area where they can put on, 

remove and store work clothing and personal protective equipment.

    (iii) Showers and change rooms shall be located in areas where 

exposures are below the permissible exposure limits and published 

exposure levels. If this cannot be accomplished, then a ventilation 

system shall be provided that will supply air that is below the 

permissible exposure limits and published exposure levels.

    (iv) Employers shall assure that employees shower at the end of 

their work shift and when leaving the hazardous waste site.

    (o) New technology programs. (1) The employer shall develop and 

implement procedures for the introduction of effective new technologies 

and equipment developed for the improved protection of employees working 

with hazardous waste clean-up operations, and the same shall be 

implemented as part of the site safety and health program to assure that 

employee protection is being maintained.

    (2) New technologies, equipment or control measures available to the 

industry, such as the use of foams, absorbents, adsorbents, 

neutralizers, or other means to suppress the level of air contaminates 

while excavating the site or for spill control, shall be evaluated by 

employers or their representatives. Such an evaluation shall be done to 

determine the effectiveness of the new methods, materials, or equipment 

before implementing their use on a large scale for enhancing employee 

protection. Information and data from manufacturers or suppliers may be 

used as part of the employer's evaluation effort. Such evaluations shall 

be made available to OSHA upon request.

    (p) Certain Operations Conducted Under the Resource Conservation and 

Recovery Act of 1976 (RCRA). Employers conducting operations at 

treatment, storage and disposal (TSD) facilities specified in paragraph 

(a)(1)(iv) 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 covered.)''.

    (1) Safety and health program. The employer shall develop and 

implement a written safety and health program for



[[Page 385]]



employees involved in hazardous waste operations that shall be available 

for inspection by employees, their representatives and OSHA personnel. 

The program shall be designed to identify, evaluate and control safety 

and health hazards in their facilities for the purpose of employee 

protection, to provide for emergency response meeting the requirements 

of paragraph (p)(8) of this section and to address as appropriate site 

analysis, engineering controls, maximum exposure limits, hazardous waste 

handling procedures and uses of new technologies.

    (2) Hazard communication program. The employer shall implement a 

hazard communication program meeting the requirements of 29 CFR 

1910.1200 as part of the employer's safety and program.



    Note to Sec. 1910.120: The exemption for hazardous waste provided 

in Sec. 1910.1200 is applicable to this section.



    (3) Medical surveillance program. The employer shall develop and 

implement a medical surveillance program meeting the requirements of 

paragraph (f) of this section.

    (4) Decontamination program. The employer shall develop and 

implement a decontamination procedure meeting the requirements of 

paragraph (k) of this section.

    (5) New technology program. The employer shall develop and implement 

procedures meeting the requirements of paragraph (o) of this section for 

introducing new and innovative equipment into the workplace.

    (6) Material handling program. Where employees will be handling 

drums or containers, the employer shall develop and implement procedures 

meeting the requirements of paragraphs (j)(1) (ii) through (viii) and 

(xi) of this section, as well as (j)(3) and (j)(8) of this section prior 

to starting such work.

    (7) Training program--(i) New employees. 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 healthful manner so as not 

endanger themselves or other employees. The initial training shall be 

for 24 hours and refresher training shall be for eight hours annually. 

Employees who have received the initial training required by this 

paragraph shall be given a written certificate attesting that they have 

successfully completed the necessary training.

    (ii) Current employees. Employers who can show by an employee's 

previous work experience and/or training that the employee has had 

training equivalent to the initial training required by this paragraph, 

shall be considered as meeting the initial training requirements of this 

paragraph as to that employee. Equivalent training includes the training 

that existing employees might have already received from actual site 

work experience. Current employees shall receive eight hours of 

refresher training annually.

    (iii) Trainers. Trainers who teach initial training shall have 

satisfactorily completed a training course for teaching the subjects 

they are expected to teach or they shall have the academic credentials 

and instruction experience necessary to demonstrate a good command of 

the subject matter of the courses and competent instructional skills.

    (8) Emergency response program--(i) Emergency response plan. An 

emergency response plan shall be developed and implemented by all 

employers. Such plans need not duplicate any of the subjects fully 

addressed in the employer's contingency planning required by permits, 

such as those issued by the U.S. Environmental Protection Agency, 

provided that the contingency plan is made part of the emergency 

response plan. The emergency response plan shall be a written portion of 

the employer's safety and health program required in paragraph (p)(1) of 

this section. Employers who will evacuate their employees from the 

worksite location when an emergency occurs and who do not permit any of 

their employees to assist in handling the emergency are exempt from the 

requirements of paragraph (p)(8) if they provide an emergency action 

plan complying with 29 CFR 1910.38.

    (ii) Elements of an emergency response plan. The employer shall 

develop an



[[Page 386]]



emergency response plan for emergencies which shall address, as a 

minimum, the following areas to the extent that they are not addressed 

in any specific program required in this paragraph:

    (A) Pre-emergency planning and coordination with outside parties.

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

    (C) Emergency recognition and prevention.

    (D) Safe distances and places of refuge.

    (E) Site security and control.

    (F) Evacuation routes and procedures.

    (G) Decontamination procedures.

    (H) Emergency medical treatment and first aid.

    (I) Emergency alerting and response procedures.

    (J) Critique of response and follow-up.

    (K) PPE and emergency equipment.

    (iii) Training. (A) Training for emergency response employees shall 

be completed before they are called upon to perform in real emergencies. 

Such training shall include the elements of the emergency response plan, 

standard operating procedures the employer has established for the job, 

the personal protective equipment to be worn and procedures for handling 

emergency incidents.



    Exception #1: An employer need not train all employees to the degree 

specified if the employer divides the work force in a manner such that a 

sufficient number of employees who have responsibility to control 

emergencies have the training specified, and all other employees, who 

may first respond to an emergency incident, have sufficient awareness 

training to recognize that an emergency response situation exists and 

that they are instructed in that case to summon the fully trained 

employees and not attempt control activities for which they are not 

trained.

    Exception #2: An employer need not train all employees to the degree 

specified if arrangements have been made in advance for an outside 

fully-trained emergency response team to respond in a reasonable period 

and all employees, who may come to the incident first, have sufficient 

awareness training to recognize that an emergency response situation 

exists and they have been instructed to call the designated outside 

fully-trained emergency response team for assistance.



    (B) Employee members of TSD facility emergency response 

organizations shall be trained to a level of competence in the 

recognition of health and safety hazards to protect themselves and other 

employees. This would include training in the methods used to minimize 

the risk from safety and health hazards; in the safe use of control 

equipment; in the selection and use of appropriate personal protective 

equipment; in the safe operating procedures to be used at the incident 

scene; in the techniques of coordination with other employees to 

minimize risks; in the appropriate response to over exposure from health 

hazards or injury to themselves and other employees; and in the 

recognition of subsequent symptoms which may result from over exposures.

    (C) The employer shall certify that each covered employee has 

attended and successfully completed the training required in paragraph 

(p)(8)(iii) of this section, or shall certify the employee's competency 

at least yearly. The method used to demonstrate competency for 

certification of training shall be recorded and maintained by the 

employer.

    (iv) Procedures for handling emergency incidents. (A) In addition to 

the elements for the emergency response plan required in paragraph 

(p)(8)(ii) of this section, the following elements shall be included for 

emergency response plans to the extent that they do not repeat any 

information already contained in the emergency response plan:

    (1) Site topography, layout, and prevailing weather conditions.

    (2) Procedures for reporting incidents to local, state, and federal 

governmental agencies.

    (B) The emergency response plan shall be compatible and integrated 

with the disaster, fire and/or emergency response plans of local, state, 

and federal agencies.

    (C) The emergency response plan shall be rehearsed regularly as part 

of the overall training program for site operations.

    (D) The site emergency response plan shall be reviewed periodically 

and, as necessary, be amended to keep it current with new or changing 

site conditions or information.



[[Page 387]]



    (E) An employee alarm system shall be installed in accordance with 

29 CFR 1910.165 to notify employees of an emergency situation; to stop 

work activities if necessary; to lower background noise in order to 

speed communication; and to begin emergency procedures.

    (F) Based upon the information available at time of the emergency, 

the employer shall evaluate the incident and the site response 

capabilities and proceed with the appropriate steps to implement the 

site emergency response plan.

    (q) Emergency response to hazardous substance releases. This 

paragraph covers employers whose employees are engaged in emergency 

response no matter where it occurs except that it does not cover 

employees engaged in operations specified in paragraphs (a)(1)(i) 

through (a)(1)(iv) of this section. Those emergency response 

organizations who have developed and implemented programs equivalent to 

this paragraph for handling releases of hazardous substances pursuant to 

section 303 of the Superfund Amendments and Reauthorization Act of 1986 

(Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 

11003) shall be deemed to have met the requirements of this paragraph.

    (1) Emergency response plan. An emergency response plan shall be 

developed and implemented to handle anticipated emergencies prior to the 

commencement of emergency response operations. The plan shall be in 

writing and available for inspection and copying by employees, their 

representatives and OSHA personnel. Employers who will evacuate their 

employees from the danger area when an emergency occurs, and who do not 

permit any of their employees to assist in handling the emergency, are 

exempt from the requirements of this paragraph if they provide an 

emergency action plan in accordance with 29 CFR 1910.38.

    (2) Elements of an emergency response plan. The employer shall 

develop an emergency response plan for emergencies which shall address, 

as a minimum, the following to the extent that they are not addressed 

elsewhere:

    (i) Pre-emergency planning and coordination with outside parties.

    (ii) Personnel roles, lines of authority, training, and 

communication.

    (iii) Emergency recognition and prevention.

    (iv) Safe distances and places of refuge.

    (v) Site security and control.

    (vi) Evacuation routes and procedures.

    (vii) Decontamination.

    (viii) Emergency medical treatment and first aid.

    (ix) Emergency alerting and response procedures.

    (x) Critique of response and follow-up.

    (xi) PPE and emergency equipment.

    (xii) Emergency response organizations may use the local emergency 

response plan or the state emergency response plan or both, as part of 

their emergency response plan to avoid duplication. Those items of the 

emergency response plan that are being properly addressed by the SARA 

Title III plans may be substituted into their emergency plan or 

otherwise kept together for the employer and employee's use.

    (3) Procedures for handling emergency response. (i) The senior 

emergency response official responding to an emergency shall become the 

individual in charge of a site-specific Incident Command System (ICS). 

All emergency responders and their communications shall be coordinated 

and controlled through the individual in charge of the ICS assisted by 

the senior official present for each employer.



    Note to paragraph (q)(3)(i). The ``senior official'' at an emergency 

response is the most senior official on the site who has the 

responsibility for controlling the operations at the site. Initially it 

is the senior officer on the first-due piece of responding emergency 

apparatus to arrive on the incident scene. As more senior officers 

arrive (i.e., battalion chief, fire chief, state law enforcement 

official, site coordinator, etc.) the position is passed up the line of 

authority which has been previously established.





[[Page 388]]





    (ii) The individual in charge of the ICS shall identify, to the 

extent possible, all hazardous substances or conditions present and 

shall address as appropriate site analysis, use of engineering controls, 

maximum exposure limits, hazardous substance handling procedures, and 

use of any new technologies.

    (iii) Based on the hazardous substances and/or conditions present, 

the individual in charge of the ICS shall implement appropriate 

emergency operations, and assure that the personal protective equipment 

worn is appropriate for the hazards to be encountered. However, personal 

protective equipment shall meet, at a minimum, the criteria contained in 

29 CFR 1910.156(e) when worn while performing fire fighting operations 

beyond the incipient stage for any incident.

    (iv) Employees engaged in emergency response and exposed to 

hazardous substances presenting an inhalation hazard or potential 

inhalation hazard shall wear positive pressure self-contained breathing 

apparatus while engaged in emergency response, until such time that the 

individual in charge of the ICS determines through the use of air 

monitoring that a decreased level of respiratory protection will not 

result in hazardous exposures to employees.

    (v) The individual in charge of the ICS shall limit the number of 

emergency response personnel at the emergency site, in those areas of 

potential or actual exposure to incident or site hazards, to those who 

are actively performing emergency operations. However, operations in 

hazardous areas shall be performed using the buddy system in groups of 

two or more.

    (vi) Back-up personnel shall stand by with equipment ready to 

provide assistance or rescue. Advance first aid support personnel, as a 

minimum, shall also stand by with medical equipment and transportation 

capability.

    (vii) The individual in charge of the ICS shall designate a safety 

official, who is knowledgable in the operations being implemented at the 

emergency response site, with specific responsibility to identify and 

evaluate hazards and to provide direction with respect to the safety of 

operations for the emergency at hand.

    (viii) When activities are judged by the safety official to be an 

IDLH condition and/or to involve an imminent danger condition, the 

safety official shall have the authority to alter, suspend, or terminate 

those activities. The safety official shall immediately inform the 

individual in charge of the ICS of any actions needed to be taken to 

correct these hazards at the emergency scene.

    (ix) After emergency operations have terminated, the individual in 

charge of the ICS shall implement appropriate decontamination 

procedures.

    (x) When deemed necessary for meeting the tasks at hand, approved 

self-contained compressed air breathing apparatus may be used with 

approved cylinders from other approved self-contained compressed air 

breathing apparatus provided that such cylinders are of the same 

capacity and pressure rating. All compressed air cylinders used with 

self-contained breathing apparatus shall meet U.S. Department of 

Transportation and National Institute for Occupational Safety and Health 

criteria.

    (4) Skilled support personnel. Personnel, not necessarily an 

employer's own employees, who are skilled in the operation of certain 

equipment, such as mechanized earth moving or digging equipment or crane 

and hoisting equipment, and who are needed temporarily to perform 

immediate emergency support work that cannot reasonably be performed in 

a timely fashion by an employer's own employees, and who will be or may 

be exposed to the hazards at an emergency response scene, are not 

required to meet the training required in this paragraph for the 

employer's regular employees. However, these personnel shall be given an 

initial briefing at the site prior to their participation in any 

emergency response. The initial briefing shall include instruction in 

the wearing of appropriate personal protective equipment, what chemical 

hazards are involved, and what duties are to be performed. All other 

appropriate safety and health precautions provided to the employer's own 

employees shall be used to assure the safety and health of these 

personnel.



[[Page 389]]



    (5) Specialist employees. Employees who, in the course of their 

regular job duties, work with and are trained in the hazards of specific 

hazardous substances, and who will be called upon to provide technical 

advice or assistance at a hazardous substance release incident to the 

individual in charge, shall receive training or demonstrate competency 

in the area of their specialization annually.

    (6) Training. Training shall be based on the duties and function to 

be performed by each responder of an emergency response organization. 

The skill and knowledge levels required for all new responders, those 

hired after the effective date of this standard, shall be conveyed to 

them through training before they are permitted to take part in actual 

emergency operations on an incident. Employees who participate, or are 

expected to participate, in emergency response, shall be given training 

in accordance with the following paragraphs:

    (i) First responder awareness level. First responders at the 

awareness level are individuals who are likely to witness or discover a 

hazardous substance release and who have been trained to initiate an 

emergency response sequence by notifying the proper authorities of the 

release. They would take no further action beyond notifying the 

authorities of the release. First responders at the awareness level 

shall have sufficient training or have had sufficient experience to 

objectively demonstrate competency in the following areas:

    (A) An understanding of what hazardous substances are, and the risks 

associated with them in an incident.

    (B) An understanding of the potential outcomes associated with an 

emergency created when hazardous substances are present.

    (C) The ability to recognize the presence of hazardous substances in 

an emergency.

    (D) The ability to identify the hazardous substances, if possible.

    (E) An understanding of the role of the first responder awareness 

individual in the employer's emergency response plan including site 

security and control and the U.S. Department of Transportation's 

Emergency Response Guidebook.

    (F) The ability to realize the need for additional resources, and to 

make appropriate notifications to the communication center.

    (ii) First responder operations level. First responders at the 

operations level are individuals who respond to releases or potential 

releases of hazardous substances as part of the initial response to the 

site for the purpose of protecting nearby persons, property, or the 

environment from the effects of the release. They are trained to respond 

in a defensive fashion without actually trying to stop the release. 

Their function is to contain the release from a safe distance, keep it 

from spreading, and prevent exposures. First responders at the 

operational level shall have received at least eight hours of training 

or have had sufficient experience to objectively demonstrate competency 

in the following areas in addition to those listed for the awareness 

level and the employer shall so certify:

    (A) Knowledge of the basic hazard and risk assessment techniques.

    (B) Know how to select and use proper personal protective equipment 

provided to the first responder operational level.

    (C) An understanding of basic hazardous materials terms.

    (D) Know how to perform basic control, containment and/or 

confinement operations within the capabilities of the resources and 

personal protective equipment available with their unit.

    (E) Know how to implement basic decontamination procedures.

    (F) An understanding of the relevant standard operating procedures 

and termination procedures.

    (iii) Hazardous materials technician. Hazardous materials 

technicians are individuals who respond to releases or potential 

releases for the purpose of stopping the release. They assume a more 

aggressive role than a first responder at the operations level in that 

they will approach the point of release in order to plug, patch or 

otherwise stop the release of a hazardous substance. Hazardous materials 

technicians shall have received at least 24



[[Page 390]]



hours of training equal to the first responder operations level and in 

addition have competency in the following areas and the employer shall 

so certify:

    (A) Know how to implement the employer's emergency response plan.

    (B) Know the classification, identification and verification of 

known and unknown materials by using field survey instruments and 

equipment.

    (C) Be able to function within an assigned role in the Incident 

Command System.

    (D) Know how to select and use proper specialized chemical personal 

protective equipment provided to the hazardous materials technician.

    (E) Understand hazard and risk assessment techniques.

    (F) Be able to perform advance control, containment, and/or 

confinement operations within the capabilities of the resources and 

personal protective equipment available with the unit.

    (G) Understand and implement decontamination procedures.

    (H) Understand termination procedures.

    (I) Understand basic chemical and toxicological terminology and 

behavior.

    (iv) Hazardous materials specialist. Hazardous materials specialists 

are individuals who respond with and provide support to hazardous 

materials technicians. Their duties parallel those of the hazardous 

materials technician, however, those duties require a more directed or 

specific knowledge of the various substances they may be called upon to 

contain. The hazardous materials specialist would also act as the site 

liaison with Federal, state, local and other government authorities in 

regards to site activities. Hazardous materials specialists shall have 

received at least 24 hours of training equal to the technician level and 

in addition have competency in the following areas and the employer 

shall so certify:

    (A) Know how to implement the local emergency response plan.

    (B) Understand classification, identification and verification of 

known and unknown materials by using advanced survey instruments and 

equipment.

    (C) Know of the state emergency response plan.

    (D) Be able to select and use proper specialized chemical personal 

protective equipment provided to the hazardous materials specialist.

    (E) Understand in-depth hazard and risk techniques.

    (F) Be able to perform specialized control, containment, and/or 

confinement operations within the capabilities of the resources and 

personal protective equipment available.

    (G) Be able to determine and implement decontamination procedures.

    (H) Have the ability to develop a site safety and control plan.

    (I) Understand chemical, radiological and toxicological terminology 

and behavior.

    (v) On scene incident commander. Incident commanders, who will 

assume control of the incident scene beyond the first responder 

awareness level, shall receive at least 24 hours of training equal to 

the first responder operations level and in addition have competency in 

the following areas and the employer shall so certify:

    (A) Know and be able to implement the employer's incident command 

system.

    (B) Know how to implement the employer's emergency response plan.

    (C) Know and understand the hazards and risks associated with 

employees working in chemical protective clothing.

    (D) Know how to implement the local emergency response plan.

    (E) Know of the state emergency response plan and of the Federal 

Regional Response Team.

    (F) Know and understand the importance of decontamination 

procedures.

    (7) Trainers. Trainers who teach any of the above training subjects 

shall have satisfactorily completed a training course for teaching the 

subjects they are expected to teach, such as the courses offered by the 

U.S. National Fire Academy, or they shall have the training and/or 

academic credentials and instructional experience necessary to 

demonstrate competent instructional skills and a good command of the 

subject matter of the courses they are to teach.

    (8) Refresher training. (i) Those employees who are trained in 

accordance with paragraph (q)(6) of this section



[[Page 391]]



shall receive annual refresher training of sufficient content and 

duration to maintain their competencies, or shall demonstrate competency 

in those areas at least yearly.

    (ii) A statement shall be made of the training or competency, and if 

a statement of competency is made, the employer shall keep a record of 

the methodology used to demonstrate competency.

    (9) Medical surveillance and consultation. (i) Members of an 

organized and designated HAZMAT team and hazardous materials specialists 

shall receive a baseline physical examination and be provided with 

medical surveillance as required in paragraph (f) of this section.

    (ii) Any emergency response employees who exhibits signs or symptoms 

which may have resulted from exposure to hazardous substances during the 

course of an emergency incident, either immediately or subsequently, 

shall be provided with medical consultation as required in paragraph 

(f)(3)(ii) of this section.

    (10) Chemical protective clothing. Chemical protective clothing and 

equipment to be used by organized and designated HAZMAT team members, or 

to be used by hazardous materials specialists, shall meet the 

requirements of paragraphs (g) (3) through (5) of this section.

    (11) Post-emergency response operations. Upon completion of the 

emergency response, if it is determined that it is necessary to remove 

hazardous substances, health hazards, and materials contaminated with 

them (such as contaminated soil or other elements of the natural 

environment) from the site of the incident, the employer conducting the 

clean-up shall comply with one of the following:

    (i) Meet all of the requirements of paragraphs (b) through (o) of 

this section; or

    (ii) Where the clean-up is done on plant property using plant or 

workplace employees, such employees shall have completed the training 

requirements of the following: 29 CFR 1910.38, 1910.134, 1910.1200, and 

other appropriate safety and health training made necessary by the tasks 

they are expected to perform such as personal protective equipment and 

decontamination procedures. All equipment to be used in the performance 

of the clean-up work shall be in serviceable condition and shall have 

been inspected prior to use.



 Appendices to Sec. 1910.120--Hazardous Waste Operations and Emergency 

                                Response



    Note: The following appendices serve as non-mandatory guidelines to 

assist employees and employers in complying with the appropriate 

requirements of this section. However paragraph 1910.120(g) makes 

mandatory in certain circumstances the use of Level A and Level B PPE 

protection.



Appendix A to Sec. 1910.120--Personal Protective Equipment Test Methods



    This appendix sets forth the non-mandatory examples of tests which 

may be used to evaluate compliance with Sec. 1910.120 (g)(4) (ii) and 

(iii). Other tests and other challenge agents may be used to evaluate 

compliance.



     A. Totally-encapsulating chemical protective suit pressure test



    1.0--Scope

    1.1 This practice measures the ability of a gas tight totally-

encapsulating chemical protective suit material, seams, and closures to 

maintain a fixed positive pressure. The results of this practice allow 

the gas tight integrity of a totally-encapsulating chemical protective 

suit to be evaluated.

    1.2 Resistance of the suit materials to permeation, penetration, and 

degradation by specific hazardous substances is not determined by this 

test method.

    2.0--Definition of terms

    2.1 Totally-encapsulated chemical protective suit (TECP suit) means 

a full body garment which is constructed of protective clothing 

materials; covers the wearer's torso, head, arms, legs and respirator; 

may cover the wearer's hands and feet with tightly attached gloves and 

boots; completely encloses the wearer and respirator by itself or in 

combination with the wearer's gloves and boots.

    2.2 Protective clothing material means any material or combination 

of materials used in an item of clothing for the purpose of isolating 

parts of the body from direct contact with a potentially hazardous 

liquid or gaseous chemicals.

    2.3 Gas tight means, for the purpose of this test method, the 

limited flow of a gas under pressure from the inside of a TECP suit to 

atmosphere at a prescribed pressure and time interval.

    3.0--Summary of test method

    3.1 The TECP suit is visually inspected and modified for the test. 

The test apparatus is attached to the suit to permit inflation to



[[Page 392]]



the pre-test suit expansion pressure for removal of suit wrinkles and 

creases. The pressure is lowered to the test pressure and monitored for 

three minutes. If the pressure drop is excessive, the TECP suit fails 

the test and is removed from service. The test is repeated after leak 

location and repair.

    4.0--Required Supplies

    4.1 Source of compressed air.

    4.2 Test apparatus for suit testing, including a pressure 

measurement device with a sensitivity of at least \1/4\ inch water 

gauge.

    4.3 Vent valve closure plugs or sealing tape.

    4.4 Soapy water solution and soft brush.

    4.5 Stop watch or appropriate timing device.

    5.0--Safety Precautions

    5.1 Care shall be taken to provide the correct pressure safety 

devices required for the source of compressed air used.

    6.0--Test Procedure

    6.1 Prior to each test, the tester shall perform a visual inspection 

of the suit. Check the suit for seam integrity by visually examining the 

seams and gently pulling on the seams. Ensure that all air supply lines, 

fittings, visor, zippers, and valves are secure and show no signs of 

deterioration.

    6.1.1 Seal off the vent valves along with any other normal inlet or 

exhaust points (such as umbilical air line fittings or face piece 

opening) with tape or other appropriate means (caps, plugs, fixture, 

etc.). Care should be exercised in the sealing process not to damage any 

of the suit components.

    6.1.2 Close all closure assemblies.

    6.1.3 Prepare the suit for inflation by providing an improvised 

connection point on the suit for connecting an airline. Attach the 

pressure test apparatus to the suit to permit suit inflation from a 

compressed air source equipped with a pressure indicating regulator. The 

leak tightness of the pressure test apparatus should be tested before 

and after each test by closing off the end of the tubing attached to the 

suit and assuring a pressure of three inches water gauge for three 

minutes can be maintained. If a component is removed for the test, that 

component shall be replaced and a second test conducted with another 

component removed to permit a complete test of the ensemble.

    6.1.4 The pre-test expansion pressure (A) and the suit test pressure 

(B) shall be supplied by the suit manufacturer, but in no case shall 

they be less than: (A)=three inches water gauge; and (B)=two inches 

water gauge. The ending suit pressure (C) shall be no less than 80 

percent of the test pressure (B); i.e., the pressure drop shall not 

exceed 20 percent of the test pressure (B).

    6.1.5 Inflate the suit until the pressure inside is equal to 

pressure (A), the pre-test expansion suit pressure. Allow at least one 

minute to fill out the wrinkles in the suit. Release sufficient air to 

reduce the suit pressure to pressure (B), the suit test pressure. Begin 

timing. At the end of three minutes, record the suit pressure as 

pressure (C), the ending suit pressure. The difference between the suit 

test pressure and the ending suit test pressure (B-C) shall be defined 

as the suit pressure drop.

    6.1.6 If the suit pressure drop is more than 20 percent of the suit 

test pressure (B) during the three-minute test period, the suit fails 

the test and shall be removed from service.

    7.0--Retest Procedure

    7.1 If the suit fails the test check for leaks by inflating the suit 

to pressure (A) and brushing or wiping the entire suit (including seams, 

closures, lens gaskets, glove-to-sleeve joints, etc.) with a mild soap 

and water solution. Observe the suit for the formation of soap bubbles, 

which is an indication of a leak. Repair all identified leaks.

    7.2 Retest the TECP suit as outlined in Test procedure 6.0.

    8.0--Report

    8.1 Each TECP suit tested by this practice shall have the following 

information recorded:

    8.1.1 Unique identification number, identifying brand name, date of 

purchase, material of construction, and unique fit features, e.g., 

special breathing apparatus.

    8.1.2 The actual values for test pressures (A), (B), and (C) shall 

be recorded along with the specific observation times. If the ending 

pressure (C) is less than 80 percent of the test pressure (B), the suit 

shall be identified as failing the test. When possible, the specific 

leak location shall be identified in the test records. Retest pressure 

data shall be recorded as an additional test.

    8.1.3 The source of the test apparatus used shall be identified and 

the sensitivity of the pressure gauge shall be recorded.

    8.1.4 Records shall be kept for each pressure test even if repairs 

are being made at the test location.



                                 Caution



    Visually inspect all parts of the suit to be sure they are 

positioned correctly and secured tightly before putting the suit back 

into service. Special care should be taken to examine each exhaust valve 

to make sure it is not blocked.

    Care should also be exercised to assure that the inside and outside 

of the suit is completely dry before it is put into storage.



 B. Totally-encapsulating chemical protective suit qualitative leak test



    1.0--Scope

    1.1 This practice semi-qualitatively tests gas tight totally-

encapsulating chemical protective suit integrity by detecting inward 

leakage of ammonia vapor. Since no modifications are made to the suit to 

carry out



[[Page 393]]



this test, the results from this practice provide a realistic test for 

the integrity of the entire suit.

    1.2 Resistance of the suit materials to permeation, penetration, and 

degradation is not determined by this test method. ASTM test methods are 

available to test suit materials for these characteristics and the tests 

are usually conducted by the manufacturers of the suits.

    2.0--Definition of terms

    2.1 Totally-encapsulated chemical protective suit (TECP suit) means 

a full body garment which is constructed of protective clothing 

materials; covers the wearer's torso, head, arms, legs and respirator; 

may cover the wearer's hands and feet with tightly attached gloves and 

boots; completely encloses the wearer and respirator by itself or in 

combination with the wearer's gloves, and boots.

    2.2 Protective clothing material means any material or combination 

of materials used in an item of clothing for the purpose of isolating 

parts of the body from direct contact with a potentially hazardous 

liquid or gaseous chemicals.

    2.3 Gas tight means, for the purpose of this test method, the 

limited flow of a gas under pressure from the inside of a TECP suit to 

atmosphere at a prescribed pressure and time interval.

    2.4 Intrusion Coefficient means a number expressing the level of 

protection provided by a gas tight totally-encapsulating chemical 

protective suit. The intrusion coefficient is calculated by dividing the 

test room challenge agent concentration by the concentration of 

challenge agent found inside the suit. The accuracy of the intrusion 

coefficient is dependent on the challenge agent monitoring methods. The 

larger the intrusion coefficient the greater the protection provided by 

the TECP suit.

    3.0--Summary of recommended practice

    3.1 The volume of concentrated aqueous ammonia solution (ammonia 

hydroxide NH<INF>4</INF> OH) required to generate the test atmosphere is 

determined using the directions outlined in 6.1. The suit is donned by a 

person wearing the appropriate respiratory equipment (either a positive 

pressure self-contained breathing apparatus or a positive pressure 

supplied air respirator) and worn inside the enclosed test room. The 

concentrated aqueous ammonia solution is taken by the suited individual 

into the test room and poured into an open plastic pan. A two-minute 

evaporation period is observed before the test room concentration is 

measured, using a high range ammonia length of stain detector tube. When 

the ammonia vapor reaches a concentration of between 1000 and 1200 ppm, 

the suited individual starts a standardized exercise protocol to stress 

and flex the suit. After this protocol is completed, the test room 

concentration is measured again. The suited individual exits the test 

room and his stand-by person measures the ammonia concentration inside 

the suit using a low range ammonia length of stain detector tube or 

other more sensitive ammonia detector. A stand-by person is required to 

observe the test individual during the test procedure; aid the person in 

donning and doffing the TECP suit; and monitor the suit interior. The 

intrusion coefficient of the suit can be calculated by dividing the 

average test area concentration by the interior suit concentration. A 

colorimetric ammonia indicator strip of bromophenol blue or equivalent 

is placed on the inside of the suit face piece lens so that the suited 

individual is able to detect a color change and know if the suit has a 

significant leak. If a color change is observed the individual shall 

leave the test room immediately.

    4.0--Required supplies

    4.1 A supply of concentrated aqueous ammonium hydroxide (58% by 

weight).

    4.2 A supply of bromophenol/blue indicating paper or equivalent, 

sensitive to 5-10 ppm ammonia or greater over a two-minute period of 

exposure. [pH 3.0 (yellow) to pH 4.6 (blue)]

    4.3 A supply of high range (0.5-10 volume percent) and low range (5-

700 ppm) detector tubes for ammonia and the corresponding sampling pump. 

More sensitive ammonia detectors can be substituted for the low range 

detector tubes to improve the sensitivity of this practice.

    4.4 A shallow plastic pan (PVC) at least 

12<gr-thn-eq>:14<gr-thn-eq>:1<gr-thn-eq> and a half pint plastic 

container (PVC) with tightly closing lid.

    4.5 A graduated cylinder or other volumetric measuring device of at 

least 50 milliliters in volume with an accuracy of at least <plus-

minus<ls-thn-eq>1 milliliters.

    5.0--Safety precautions

    5.1 Concentrated aqueous ammonium hydroxide, NH<INF>4</INF> OH, is a 

corrosive volatile liquid requiring eye, skin, and respiratory 

protection. The person conducting the test shall review the MSDS for 

aqueous ammonia.

    5.2 Since the established permissible exposure limit for ammonia is 

35 ppm as a 15 minute STEL, only persons wearing a positive pressure 

self-contained breathing apparatus or a positive pressure supplied air 

respirator shall be in the chamber. Normally only the person wearing the 

totally-encapsulating suit will be inside the chamber. A stand-by person 

shall have a positive pressure self-contained breathing apparatus, or a 

positive pressure supplied air respirator available to enter the test 

area should the suited individual need assistance.

    5.3 A method to monitor the suited individual must be used during 

this test. Visual contact is the simplest but other methods using 

communication devices are acceptable.

    5.4 The test room shall be large enough to allow the exercise 

protocol to be carried out and then to be ventilated to allow for easy



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exhaust of the ammonia test atmosphere after the test(s) are completed.

    5.5 Individuals shall be medically screened for the use of 

respiratory protection and checked for allergies to ammonia before 

participating in this test procedure.

    6.0--Test procedure

    6.1.1 Measure the test area to the nearest foot and calculate its 

volume in cubic feet. Multiply the test area volume by 0.2 milliliters 

of concentrated aqueous ammonia solution per cubic foot of test area 

volume to determine the approximate volume of concentrated aqueous 

ammonia required to generate 1000 ppm in the test area.

    6.1.2 Measure this volume from the supply of concentrated aqueous 

ammonia and place it into a closed plastic container.

    6.1.3 Place the container, several high range ammonia detector 

tubes, and the pump in the clean test pan and locate it near the test 

area entry door so that the suited individual has easy access to these 

supplies.

    6.2.1 In a non-contaminated atmosphere, open a pre-sealed ammonia 

indicator strip and fasten one end of the strip to the inside of the 

suit face shield lens where it can be seen by the wearer. Moisten the 

indicator strip with distilled water. Care shall be taken not to 

contaminate the detector part of the indicator paper by touching it. A 

small piece of masking tape or equivalent should be used to attach the 

indicator strip to the interior of the suit face shield.

    6.2.2 If problems are encountered with this method of attachment, 

the indicator strip can be attached to the outside of the respirator 

face piece lens being used during the test.

    6.3 Don the respiratory protective device normally used with the 

suit, and then don the TECP suit to be tested. Check to be sure all 

openings which are intended to be sealed (zippers, gloves, etc.) are 

completely sealed. DO NOT, however, plug off any venting valves.

    6.4 Step into the enclosed test room such as a closet, bathroom, or 

test booth, equipped with an exhaust fan. No air should be exhausted 

from the chamber during the test because this will dilute the ammonia 

challenge concentrations.

    6.5 Open the container with the pre-measured volume of concentrated 

aqueous ammonia within the enclosed test room, and pour the liquid into 

the empty plastic test pan. Wait two minutes to allow for adequate 

volatilization of the concentrated aqueous ammonia. A small mixing fan 

can be used near the evaporation pan to increase the evaporation rate of 

the ammonia solution.

    6.6 After two minutes a determination of the ammonia concentration 

within the chamber should be made using the high range colorimetric 

detector tube. A concentration of 1000 ppm ammonia or greater shall be 

generated before the exercises are started.

    6.7 To test the integrity of the suit the following four minute 

exercise protocol should be followed:

    6.7.1 Raising the arms above the head with at least 15 raising 

motions completed in one minute.

    6.7.2 Walking in place for one minute with at least 15 raising 

motions of each leg in a one-minute period.

    6.7.3 Touching the toes with a least 10 complete motions of the arms 

from above the head to touching of the toes in a one-minute period.

    6.7.4 Knee bends with at least 10 complete standing and squatting 

motions in a one-minute period.

    6.8 If at any time during the test the colorimetric indicating paper 

should change colors, the test should be stopped and section 6.10 and 

6.12 initiated (See ] 4.2).

    6.9 After completion of the test exercise, the test area 

concentration should be measured again using the high range colorimetric 

detector tube.

    6.10 Exit the test area.

    6.11 The opening created by the suit zipper or other appropriate 

suit penetration should be used to determine the ammonia concentration 

in the suit with the low range length of stain detector tube or other 

ammonia monitor. The internal TECP suit air should be sampled far enough 

from the enclosed test area to prevent a false ammonia reading.

    6.12 After completion of the measurement of the suit interior 

ammonia concentration the test is concluded and the suit is doffed and 

the respirator removed.

    6.13 The ventilating fan for the test room should be turned on and 

allowed to run for enough time to remove the ammonia gas. The fan shall 

be vented to the outside of the building.

    6.14 Any detectable ammonia in the suit interior (five ppm ammonia 

(NH<INF>3</INF>) or more for the length of stain detector tube) 

indicates that the suit has failed the test. When other ammonia 

detectors are used a lower level of detection is possible, and it should 

be specified as the pass/fail criteria.

    6.15 By following this test method, an intrusion coefficient of 

approximately 200 or more can be measured with the suit in a completely 

operational condition. If the intrusion coefficient is 200 or more, then 

the suit is suitable for emergency response and field use.

    7.0--Retest procedures

    7.1 If the suit fails this test, check for leaks by following the 

pressure test in test A above.

    7.2 Retest the TECP suit as outlined in the test procedure 6.0.

    8.0--Report



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    8.1 Each gas tight totally-encapsulating chemical protective suit 

tested by this practice shall have the following information recorded.

    8.1.1 Unique identification number, identifying brand name, date of 

purchase, material of construction, and unique suit features; e.g., 

special breathing apparatus.

    8.1.2 General description of test room used for test.

    8.1.3 Brand name and purchase date of ammonia detector strips and 

color change data.

    8.1.4 Brand name, sampling range, and expiration date of the length 

of stain ammonia detector tubes. The brand name and model of the 

sampling pump should also be recorded. If another type of ammonia 

detector is used, it should be identified along with its minimum 

detection limit for ammonia.

    8.1.5 Actual test results shall list the two test area 

concentrations, their average, the interior suit concentration, and the 

calculated intrusion coefficient. Retest data shall be recorded as an 

additional test.

    8.2 The evaluation of the data shall be specified as ``suit passed'' 

or ``suit failed,'' and the date of the test. Any detectable ammonia 

(five ppm or greater for the length of stain detector tube) in the suit 

interior indicates the suit has failed this test. When other ammonia 

detectors are used, a lower level of detection is possible and it should 

be specified as the pass fail criteria.



                                 Caution



    Visually inspect all parts of the suit to be sure they are 

positioned correctly and secured tightly before putting the suit back 

into service. Special care should be taken to examine each exhaust valve 

to make sure it is not blocked.

    Care should also be exercised to assure that the inside and outside 

of the suit is completely dry before it is put into storage.



Appendix B to Sec. 1910.120--General Description and Discussion of the 

                Levels of Protection and Protective Gear



    This appendix sets forth information about personal protective 

equipment (PPE) protection levels which may be used to assist employers 

in complying with the PPE requirements of this section.

    As required by the standard, PPE must be selected which will protect 

employees from the specific hazards which they are likely to encounter 

during their work on-site.

    Selection of the appropriate PPE is a complex process which should 

take into consideration a variety of factors. Key factors involved in 

this process are identification of the hazards, or suspected hazards; 

their routes of potential hazard to employees (inhalation, skin 

absorption, ingestion, and eye or skin contact); and the performance of 

the PPE materials (and seams) in providing a barrier to these hazards. 

The amount of protection provided by PPE is material-hazard specific. 

That is, protective equipment materials will protect well against some 

hazardous substances and poorly, or not at all, against others. In many 

instances, protective equipment materials cannot be found which will 

provide continuous protection from the particular hazardous substance. 

In these cases the breakthrough time of the protective material should 

exceed the work durations.

    Other factors in this selection process to be considered are 

matching the PPE to the employee's work requirements and task-specific 

conditions. The durability of PPE materials, such as tear strength and 

seam strength, should be considered in relation to the employee's tasks. 

The effects of PPE in relation to heat stress and task duration are a 

factor in selecting and using PPE. In some cases layers of PPE may be 

necessary to provide sufficient protection, or to protect expensive PPE 

inner garments, suits or equipment.

    The more that is known about the hazards at the site, the easier the 

job of PPE selection becomes. As more information about the hazards and 

conditions at the site becomes available, the site supervisor can make 

decisions to up-grade or down-grade the level of PPE protection to match 

the tasks at hand.

    The following are guidelines which an employer can use to begin the 

selection of the appropriate PPE. As noted above, the site information 

may suggest the use of combinations of PPE selected from the different 

protection levels (i.e., A, B, C, or D) as being more suitable to the 

hazards of the work. It should be cautioned that the listing below does 

not fully address the performance of the specific PPE material in 

relation to the specific hazards at the job site, and that PPE 

selection, evaluation and re-selection is an ongoing process until 

sufficient information about the hazards and PPE performance is 

obtained.

    Part A. Personal protective equipment is divided into four 

categories based on the degree of protection afforded. (See Part B of 

this appendix for further explanation of Levels A, B, C, and D hazards.)

    I. Level A--To be selected when the greatest level of skin, 

respiratory, and eye protection is required.

    The following constitute Level A equipment; it may be used as 

appropriate;

    1. Positive pressure, full face-piece self-contained breathing 

apparatus (SCBA), or positive pressure supplied air respirator with 

escape SCBA, approved by the National Institute for Occupational Safety 

and Health (NIOSH).

    2. Totally-encapsulating chemical-protective suit.



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    3. Coveralls.\1\

    4. Long underwear.\1\

    5. Gloves, outer, chemical-resistant.

    6. Gloves, inner, chemical-resistant.

    7. Boots, chemical-resistant, steel toe and shank.

    8. Hard hat (under suit).\1\

    9. Disposable protective suit, gloves and boots (depending on suit 

construction, may be worn over totally-encapsulating suit).

    II. Level B--The highest level of respiratory protection is 

necessary but a lesser level of skin protection is needed.

    The following constitute Level B equipment; it may be used as 

appropriate.

    1. Positive pressure, full-facepiece self-contained breathing 

apparatus (SCBA), or positive pressure supplied air respirator with 

escape SCBA (NIOSH approved).

    2. Hooded chemical-resistant clothing (overalls and long-sleeved 

jacket; coveralls; one or two-piece chemical-splash suit; disposable 

chemical-resistant overalls).

    3. Coveralls. \1\

    4. Gloves, outer, chemical-resistant.

    5. Gloves, inner, chemical-resistant.

    6. Boots, outer, chemical-resistant steel toe and shank.