Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at

May 23, 1989

Mr. Larry McHugh
Plating Department
E. H. Titchener & Company
Post Office Box 1706
Binghamton, New York 13902

Dear Mr. McHugh:

This is in response to your inquiry of January 9, concerning the application of the emergency response provisions of the Occupational Safety and Health Administration's (OSHA) interim final standard for Hazardous Waste Operations and Emergency Response (29 CFR 1910.120).

Emergency response training under 29 CFR 1910.120(l)(3) is applicable for emergency responses at sites other than hazardous waste cleanup sites (e.g., employers covered by 29 CFR 1910.120(a)(1)(i), (ii), and (iv)). Thus, 29 CFR 1910.120(l)(3) is applicable for the emergency response policy described in your letter and 24 hour training would be required. A copy of the standard is enclosed for your reference.

If you have further questions, please feel free to contact OSHA's New York Regional Office at:

Regional Administrator
U.S. Department of Labor - OSHA
201 Varick Street, Room 670
New York, New York 10014

Telephone: (212) 337-2325

I hope this information is helpful.


Patricia K. Clark, Acting Director
Directorate of Compliance Programs


January 9, 1989

Thomas Shepich
U.S. Department Labor/OSHA
Room N3463
200 Constitution Ave., N.W.
Washington, D.C. 20210

Dear Sir:

In my conversation with Mary Ann Garrahan concerning Emergency Response Team training, she instructed me to write you for written verification. I have included a section of our company policy and I would like to have confirmed that this description of an Emergency Response Team meets OSHA interpretation according to 29 CFR 1910.120 L(3) and requires the 24 hours of training according to that section.

The policy reads as follows:

The E. K. Titchener & Co. Emergency Response Team is constituted for the purpose of containing and cleaning up hazardous chemical spills and hazardous waste on E. H. Titchener & Co. property. No other personnel are allowed to clean hazardous spills.

Please send your reply to:

Larry McHugh
E. H. Titchener & Co.
P.O. Box 1706
Binghamton, NY 13902

Thank you for your assistance. If you have any questions, you may contact me at 607-772-1161.


Larry McHugh
Plating Department