Powered by GoogleTranslate
Standard Interpretations - Table of Contents
• Standard Number: 1910.120

September 22, 2014

Colonel Gregory R. McClinton
U.S. Army Installation Management Command
U.S. Army Garrison Aberdeen Proving Ground
4510 Boothby Hill Avenue
Aberdeen Proving Ground, Maryland 21005-5001

Dear Colonel McClinton,

Thank you for your April 24, 2014, letter to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs. You have a question on the training requirements for those workers involved in intrusive soil work under the Hazardous Waste Operations and Emergency Response Standard (HAZWOPER), 29 CFR 1910.120 (or 1926.65, for construction). This letter constitutes OSHA's interpretation only of the requirements herein, and may not be applicable to any questions not delineated within your original correspondence. Your question and our response are below.

Background: Select areas of the U.S. Army Aberdeen Proving Ground, Maryland, are listed on the U.S. Environmental Protection Agency's (EPA) National Priorities List for study and potential restoration in accordance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Most sites are typically cleaned up to levels that allow for industrial use but may pose unacceptable risks to residents. As a result, land use controls are implemented that specify that the site in question is not to be used as residential houses, schools, day care centers, etc. This, however, does not mean such sites will not be used for industrial applications.

Question: For locations cited above that have not been de-listed by the EPA to a brownfield, what HAZWOPER training requirements are required for those workers involved in intrusive soils work?

Response: 29 CFR 1910.120 is applicable to any activity covered in paragraph (a)(1)(i)-(iii) of the standard, including intrusive soils work or cleanup of hazardous waste, unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards. These type of sites include operations where hazardous substances are removed, contained, stabilized, or processed in order to make the site safer for people or the environment.

Paragraph (e) of the HAZWOPER standard establishes training requirements for employees on clean-up sites who are exposed to hazardous substances, health hazards, or safety hazards, and their supervisors and the managers responsible for the site. [29 CFR 1910.120(e)(1)]. General site workers (such as equipment operators and general laborers) who are engaged in hazardous substance removal or other activities that expose (or potentially expose) them to hazardous substances and health hazards must receive a minimum of 40 hours of off-site training and a minimum of 3 days of supervised field experience. [29 CFR 1910.120(e)(3)(i)]. Workers who are on site only occasionally for a specific, limited task (for example, ground water monitoring or land surveying) and who are unlikely to be exposed over permissible exposure limits and published exposure limits must receive a minimum of 24 hours of off-site instruction and a minimum of 1 day of supervised field experience. [29 CFR 1910.120(e)(3)(ii)]. Also, workers regularly on site who work in areas that have been monitored and fully characterized indicating that exposures are under permissible exposure limits and published exposure limits, where respirators are not necessary, and where the characterization indicates that there are no health hazards or the possibility of an emergency developing, need to receive a minimum of 24 hours of off-site training and a minimum of 1 day of supervised field experience. [29 CFR 1910.120(e)(3)(iii)]. On-site managers and supervisors directly responsible for, or who supervise employees engaged in, hazardous waste operations generally must receive 40 hours of initial training, have 3 days of supervised field experience, and receive at least an additional 8 hours of specialized training at the time of job assignment. [29 CFR 1910.120(e)(4)].

In addition, employees, managers and supervisors covered by the HAZWOPER training requirements must receive eight hours of refresher training annually. [29 CFR 1910.120(e)(8)].

An employer must always consider all of the relevant facts when determining whether the operations being conducted fall within the scope of the HAZWOPER standard. If an employer has determined that the HAZWOPER standard is not applicable to their particular worksite, for example, when work involves disturbing previously remediated soil on a site approved for industrial use, other OSHA general industry and construction industry standards may still apply to the work operations. These standards may include employee exposure to other chemicals used on the job site regulated under 29 CFR 1910.1000, Air Contaminants/1926.55, Gases, Vapors, Fumes, Dusts, and Mists. Other potentially applicable OSHA standards include General safety and health provisions (29 CFR 1926.20), Safety training and education (29 CFR 1926.21), Personal Protective Equipment (29 CFR 1926.28), Respiratory Protection (29 CFR 1926.103), Hazard Communication (29 CFR 1910.1200), Hand Tools (29 CFR 1926.301), Fall Protection (29 CFR Subpart M), and Excavations (29 CFR Subpart P).

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter

constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA's website at http://www.osha.gov. If you have further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.


Thomas Galassi, Director
Directorate of Enforcement Programs

Standard Interpretations - Table of Contents

Thank You for Visiting Our Website

You are exiting the Department of Labor's Web server.

The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.