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.

October 23, 1990

Mr. H.W. Miller
General Manager
Safety and Industrial Hygiene Department
Texaco Inc.
Post Office Box 1404
Houston, Texas 77251

Dear Mr. Miller:

This is in response to your inquiry concerning paragraph (q)(11) of the final standard on Hazardous Waste Operations and Emergency Response (29 CFR 1910.120). Please accept my apology for the delay in this reply.

The specific question is whether contractors who routinely work at a plant facility can meet the requirements of 29 CFR 1910.120(q)(11)(ii) versus the more lengthy requirements of (q)(11)(i). Contract personnel assigned full time at a plant facility are considered "plant or workplace employees" for the purposes of (q)(11)(ii) when such workers are conducting clean-up in areas they routinely work. Contractors brought in specifically for clean-up are covered by (q)(11)(i).

I hope this information is helpful.


Patricia K. Clark, Director
Directorate of Compliance Programs