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 https://www.osha.gov.

August 28, 1989

Mr. James L. Laurence, Director
Health and Product Safety
The Sherwin-Williams Company
101 Prospect Avenue, N.W.
Cleveland, Ohio 44115-1075

Dear Mr. Laurence:

This is in response to your inquiry concerning the application of OSHA's final standard for Hazardous Waste Operations and Emergency Response (29 CFR 1910.120).

Operations involving hazardous wastes that are conducted at treatment, storage, and disposal facilities regulated by 40 CFR Parts 264 and 265 pursuant to the Resource Conservation and Recovery Act of 1976 must comply with the requirements of 29 CFR 1910.120(p) which includes 24 hours of initial training and 8 hours of annual refresher training.

Incidental spills in manufacturing locations that could be cleaned-up or stabilized by the employees working in the immediate spill area without the need of a coordinated spill-control response are not considered emergency incidents under 29 CFR 1910.120. Such employees would have training under the Hazard Communication Standard and other appropriate training made necessary by the tasks they are expected to perform.

I hope this information is helpful. Since this response has been coordinated with Barry White, Director of Safety Standards Programs, he will not be replying to your letter. If you have further questions, please contact MaryAnn Garrahan of my staff at (202) 523-8036.


Thomas J. Shepich, Director
Directorate of Compliance Programs