29 Cfr 1910.120

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

11. ‘‘Loss Prevention in the Process Industries,’’ Volumes I and II; Frank P. Lees,
Butterworth; London 1983.
12. ‘‘Safety and Health Program Management Guidelines,’’ 1989; U.S. Department of
Labor, Occupational Safety and Health Administration.
13. ‘‘Safety and Health Guide for the Chemical Industry,’’ 1986, (OSHA 3091); U.S. Department of Labor, Occupational Safety and
Health Administration; 200 Constitution Avenue, N.W., Washington, D.C. 20210.
14. ‘‘Review of Emergency Systems,’’ June
1988; U.S. Environmental Protection Agency
(EPA), Office of Solid Waste and Emergency
Response, Washington, DC 20460.
15. ‘‘Technical Guidance for Hazards Analysis, Emergency Planning for Extremely
Hazardous Substances,’’ December 1987; U.S.
Environmental Protection Agency (EPA),
Federal Emergency Management Administration (FEMA) and U.S. Department of
Transportation (DOT), Washington, DC 20460.
16. ‘‘Accident Investigation * * * A New
Approach,’’ 1983, National Safety Council; 444
North Michigan Avenue, Chicago, IL 60611–
3991.
17. ‘‘Fire & Explosion Index Hazard Classification Guide,’’ 6th Edition, May 1987, Dow
Chemical Company; Midland, Michigan 48674.
18. ‘‘Chemical Exposure Index,’’ May 1988,
Dow Chemical Company; Midland, Michigan
48674.

yshivers on PROD1PC62 with CFR

[57 FR 6403, Feb. 24, 1992; 57 FR 7847, Mar. 4,
1992, as amended at 61 FR 9238, Mar. 7, 1996;
67 FR 67964, Nov. 7, 2002]

§ 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 Recov-

ery 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

368

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00378

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

Occupational Safety and Health Admin., Labor

yshivers on PROD1PC62 with CFR

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

§ 1910.120

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

369

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00379

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

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 § 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 § 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,

370

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00380

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

Occupational Safety and Health Admin., Labor
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.

yshivers on PROD1PC62 with CFR

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

§ 1910.120

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

371

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00381

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

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 calibra-

tion 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

372

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00382

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

Occupational Safety and Health Admin., Labor
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

§ 1910.120

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).

373

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00383

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

(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.

yshivers on PROD1PC62 with CFR

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

374

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00384

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

Occupational Safety and Health Admin., Labor
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 con-

§ 1910.120

tainment 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

375

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00385

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

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 § 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 followup 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

376

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00386

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

Occupational Safety and Health Admin., Labor
Manual for Hazardous Waste Site Activities (See appendix D, Reference #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 § 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

§ 1910.120

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

377

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00387

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

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

378

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00388

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

Occupational Safety and Health Admin., Labor
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 expo-

§ 1910.120

sure 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

379

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00389

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

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 loca-

tion 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 explosionresistant 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.

380

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00390

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

Occupational Safety and Health Admin., Labor
(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.

yshivers on PROD1PC62 with CFR

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,

§ 1910.120

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.

381

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00391

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

(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 pre-

vent 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 followup.
(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:

382

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00392

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

Occupational Safety and Health Admin., Labor
(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—Continued
Footcandles
10 ......

30 ......

Area or operations
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.)
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

TABLE H–120.1—MINIMUM ILLUMINATION
INTENSITIES IN FOOT-CANDLES
Footcandles

§ 1910.120

Number of employees
20 or fewer .............................
More than 20, fewer than 200

Area or operations

More than 200 ........................
5 ........
3 ........

5 ........

yshivers on PROD1PC62 with CFR

5 ........

General site areas.
Excavation and waste areas, accessways, active
storage areas, loading platforms, refueling, and
field maintenance areas.
Indoors: Warehouses, corridors, hallways, and
exitways.
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.)

Minimum number of facilities
One.
One toilet seat and one urinal per 40 employees.
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:

383

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00393

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

(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

384

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00394

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

Occupational Safety and Health Admin., Labor
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.

yshivers on PROD1PC62 with CFR

NOTE TO § 1910.120: The exemption for hazardous waste provided in § 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

§ 1910.120

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

385

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00395

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

yshivers on PROD1PC62 with CFR

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 followup.
(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.

386

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00396

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

Occupational Safety and Health Admin., Labor
(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.

§ 1910.120

(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 followup.
(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.

387

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00397

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

(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 selfcontained 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.

388

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00398

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

Occupational Safety and Health Admin., Labor
(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

§ 1910.120

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

389

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00399

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

§ 1910.120

29 CFR Ch. XVII (7–1–08 Edition)

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

390

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00400

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112

yshivers on PROD1PC62 with CFR

Occupational Safety and Health Admin., Labor
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 pro-

§ 1910.120

tective 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 § 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 § 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 § 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

391

VerDate Aug<31>2005

10:39 Aug 19, 2008

Jkt 214112

PO 00000

Frm 00401

Fmt 8010

Sfmt 8002

Y:\SGML\214112.XXX

214112