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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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

March 22, 1990

Mr. James M. Kuszaj Ogletree, Deakins, Nash, Smoak, and Stewart Law Offices Post Office Box 31608 Raleigh, North Carolina 27622

Dear Mr. Kuszaj:

This is in response to your Freedom of Information Act (FOIA) request of March 1 to the Occupational Safety and Health Administration (OSHA). We received your request in this office on March 6. You asked for interpretations of the Hazardous Waste Operations and Emergency Response Standard, 29 CFR 1910.120, and a copy of the Memorandum for Regional Administrators dated October 16, 1989.

We have enclosed the following:

1. February 28, 1989, letter to Mr. Jeremy Millstone, which addresses 29 CFR 1910.120(o)(1) and (a)(2)(ii) that requires employers to meet the requirements of the OSHA Hazard Communication Standard, 29 CFR 1910.1200.

2. May 9, 1989, letter to Ms. Cynthia Hilton, relates to training requirements of 29 CFR 1910.120(e), (p), and (q) as they affect transporters.

3. May 9, 1989, letter to Ms. Ellen John, defines releases constituting and "emergency response".

4. May 10, 1989, letter to Mr. Andrew Szilagyi, covers the exemption set forth in the scope statement of the final rule, the tiered training requirements under 29 CFR 1910.120(e), and a question on enforcement.

5. July 28, 1989, letter to Richard F. Boggs, Ph.D., responds to questions which required interpretations of the final standards.

6. September 11, 1989, letter to Mr. C. T. Sawyer, concerns the application of 29 CFR 1910.120 to post-emergency clean-up operations including oil spill clean-ups.

7. October 10, 1989, letter to Lynn A. Corson, Ph.D., provides clarification of the training requirements in subsections of 29 CFR 1910.120(q).

8. December 28, 1989, letter to James H. Kleinfelder, concerns employees who work at the perimeter of a hazardous waste site but are not exposed to health or safety hazards related to hazardous waste operations.

9. January 9, 1990, letter to Mr. John D'Aloia, Jr., concerns application of certain provisions of specific emergency response requirements under the Resource Conservation and Recovery Act which involves the Environmental Protection Agency.

10. February 26, 1990, letter to Mr. Charles R. Foden, addresses training requirements (29 CFR 1910.120(q)(6)).

11. October 16, 1989, Memorandum for Regional Administrators; Subject: Hazardous Waste Operations and Emergency Response Final Standard (29 CFR 1910.120).

Since your request did not require more than 100 pages of copying or more that two hours of search time, under the FOTA there is no fee for responding to your request.

If we can be of further assistance, please contact us again.


Patricia K. Clark, Director Designate Directorate of Compliance Programs