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 http://www.osha.gov.

September 5, 1990

Mr. Gerard P. Cavaluzzi
Attorney and Counselor at Law
140 East Hartsdale Avenue
Hartsdale, New York 10530

Dear Mr. Cavaluzzi:

This is a follow-up response to your letter of July 24, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response Standard 29 CFR 1910.120.

Specifically you have asked for the number of hours of training required under this standard for people who may enter areas where hazardous waste may exist but will not be exposed to health or safety hazards. The training requirements under this standard do not apply to employees who have no probable likelihood of being exposed to safety or health hazards and would not participate in emergency response activities.

If you have further questions please feel free to call MaryAnn Garrahan at OSHA's Office of Health Compliance Assistance at (202) 523-8036

We hope this response sufficiently addresses the concerns you raised.

Sincerely,



Gerard F. Scannell
Assistant Secretary




July 24, 1990

Gerard F. Scannell
Assistant Secretary
for Occupational Safety
and Health
U.S. Department of Labor
200 Constitution Avenue
N.W. Washington, D.C. 20210

Re: Interpretation of 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

Dear Mr. Scannell:

I am legal counsel to a professional engineering consulting firm that may be subject to the above-referenced regulation in its hazardous waste practice. On behalf of my client, I request an interpretation of the 29 CFR 1910.120 requirements with regard to the training requirement for certain individuals.

Specifically, clarification is requested regarding the number of hours of training required for personnel who may enter areas where hazardous waste may exist but will not be exposed to health or safety hazards. For example, a security guard at the site stationed outside the perimeter may be required to enter within the perimeter in the event of a trespasser. Alternatively, a representative from the federal, state or local government may enter within the perimeter to perform a "walk-through" but may not be exposed to health or safety hazards simply by walking on the site. In both instances, though personnel may be within the perimeter, project toxicologists reasonably believe that no exposure to health or safety hazards would result. However, the language of the reference standard is ambiguous as to the training required for these types of individuals. Therefore, we seek clarification as to whether such personnel are covered by the standard and the number of hours of training, if any, which is required.

Please contact me at 914-641-2950 if you have any questions or if further information is required.

Very truly yours,

Gerard P. Cavaluzzi, Esq.