[Code of Federal Regulations]
[Title 29, Volume 8]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1926.65]

[Page 134-176]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1926_SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION--Table of 
Contents
 
        Subpart D_Occupational Health and Environmental Controls
 
Sec.  1926.65  Hazardous waste operations and emergency response.

    (a) Scope, application, and definitions--(1) Scope. This section 
covers the following operations, 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:
    (i) Clean-up operations required by a governmental body, whether 
Federal, state, local or other involving hazardous substances that are 
conducted at uncontrolled hazardous waste sites (including, but not 
limited to, the EPA's National Priority Site List (NPL), state priority 
site lists, sites recommended for the EPA NPL, and initial 
investigations of government identified sites which are conducted before 
the presence or absence of hazardous substances has been ascertained);
    (ii) Corrective actions involving clean-up operations at sites 
covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as 
amended (42 U.S.C. 6901 et seq.);
    (iii) Voluntary clean-up operations at sites recognized by Federal, 
state, local or other governmental bodies as uncontrolled hazardous 
waste sites;
    (iv) Operations involving hazardous wastes that are conducted at 
treatment, storage, and disposal (TSD) facilities regulated by 40 CFR 
parts 264 and 265 pursuant to RCRA; or by agencies under agreement with 
U.S.E.P.A. to implement RCRA regulations; and
    (v) Emergency response operations for releases of, or substantial 
threats of releases of, hazardous substances without regard to the 
location of the hazard.
    (2) Application. (i) All requirements of part 1910 and part 1926 of 
title 29 of the Code of Federal Regulations apply pursuant to their 
terms to hazardous waste and emergency response operations whether 
covered by this section or not. If there is a conflict or overlap, the 
provision more protective of employee safety and health shall apply 
without regard to 29 CFR 1926.20(e)(1).
    (ii) Hazardous substance clean-up operations within the scope of 
paragraphs (a)(1)(i) through (a)(1)(iii) of this section must comply 
with all paragraphs of this section except paragraphs (p) and (q).
    (iii) Operations within the scope of paragraph (a)(1)(iv) of this 
section must comply only with the requirements of paragraph (p) of this 
section.

    Notes and Exceptions: (A) All provisions of paragraph (p) of this 
section cover any treatment, storage or disposal (TSD) operation 
regulated by 40 CFR parts 264 and 265 or by state law authorized under 
RCRA, and required to have a permit or interim status from EPA pursuant 
to 40 CFR 270.1 or from a state agency pursuant to RCRA.
    (B) Employers who are not required to have a permit or interim 
status because they are conditionally exempt small quantity generators 
under 40 CFR 261.5 or are generators who qualify under 40 CFR 262.34 for 
exemptions from regulation under 40 CFR parts 264, 265 and 270 
(``excepted employers'') are not covered by paragraphs (p)(1) through 
(p)(7) of this section. Excepted employers who are required by the EPA 
or state agency

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to have their employees engage in emergency response or who direct their 
employees to engage in emergency response are covered by paragraph 
(p)(8) of this section, and cannot be exempted by (p)(8)(i) of this 
section. Excepted employers who are not required to have employees 
engage in emergency response, who direct their employees to evacuate in 
the case of such emergencies and who meet the requirements of paragraph 
(p)(8)(i) of this section are exempt from the balance of paragraph 
(p)(8) of this section.
    (C) If an area is used primarily for treatment, storage or disposal, 
any emergency response operations in that area shall comply with 
paragraph (p)(8) of this section. In other areas not used primarily for 
treatment, storage, or disposal, any emergency response operations shall 
comply with paragraph (q) of this section. Compliance with the 
requirements of paragraph (q) of this section shall be deemed to be in 
compliance with the requirements of paragraph (p)(8) of this section.

    (iv) Emergency response operations for releases of, or substantial 
threats of releases of, hazardous substances which are not covered by 
paragraphs (a)(1)(i) through (a)(1)(iv) of this section must only comply 
with the requirements of paragraph (q) of this section.
    (3) Definitions--Buddy system means a system of organizing employees 
into work groups in such a manner that each employee of the work group 
is designated to be observed by at least one other employee in the work 
group. The purpose of the buddy system is to provide rapid assistance to 
employees in the event of an emergency.
    Clean-up operation means an operation where hazardous substances are 
removed, contained, incinerated, neutralized, stabilized, cleared-up, or 
in any other manner processed or handled with the ultimate goal of 
making the site safer for people or the environment.
    Decontamination means the removal of hazardous substances from 
employees and their equipment to the extent necessary to preclude the 
occurrence of foreseeable adverse health affects.
    Emergency response or responding to emergencies means a response 
effort by employees from outside the immediate release area or by other 
designated responders (i.e., mutual-aid groups, local fire departments, 
etc.) to an occurrence which results, or is likely to result, in an 
uncontrolled release of a hazardous substance. Responses to incidental 
releases of hazardous substances where the substance can be absorbed, 
neutralized, or otherwise controlled at the time of release by employees 
in the immediate release area, or by maintenance personnel are not 
considered to be emergency responses within the scope of this standard. 
Responses to releases of hazardous substances where there is no 
potential safety or health hazard (i.e., fire, explosion, or chemical 
exposure) are not considered to be emergency responses.
    Facility means (A) any building, structure, installation, equipment, 
pipe or pipeline (including any pipe into a sewer or publicly owned 
treatment works), well, pit, pond, lagoon, impoundment, ditch, storage 
container, motor vehicle, rolling stock, or aircraft, or (B) any site or 
area where a hazardous substance has been deposited, stored, disposed 
of, or placed, or otherwise come to be located; but does not include any 
consumer product in consumer use or any water-borne vessel.
    Hazardous materials response (HAZMAT) team means an organized group 
of employees, designated by the employer, who are expected to perform 
work to handle and control actual or potential leaks or spills of 
hazardous substances requiring possible close approach to the substance. 
The team members perform responses to releases or potential releases of 
hazardous substances for the purpose of control or stabilization of the 
incident. A HAZMAT team is not a fire brigade nor is a typical fire 
brigade a HAZMAT team. A HAZMAT team, however, may be a separate 
component of a fire brigade or fire department.
    Hazardous substance means any substance designated or listed under 
paragraphs (A) through (D) of this definition, exposure to which results 
or may result in adverse affects on the health or safety of employees:
    (A) Any substance defined under section 101(14) of CERCLA;
    (B) Any biological agent and other disease-causing agent which after 
release into the environment and upon

[[Page 136]]

exposure, ingestion, inhalation, or assimilation into any person, either 
directly from the environment or indirectly by ingestion through food 
chains, will or may reasonably be anticipated to cause death, disease, 
behavioral abnormalities, cancer, genetic mutation, physiological 
malfunctions (including malfunctions in reproduction) or physical 
deformations in such persons or their offspring;
    (C) Any substance listed by the U.S. Department of Transportation as 
hazardous materials under 49 CFR 172.101 and appendices; and
    (D) Hazardous waste as herein defined.
    Hazardous waste means--(A) A waste or combination of wastes as 
defined in 40 CFR 261.3, or
    (B) Those substances defined as hazardous wastes in 49 CFR 171.8.
    Hazardous waste operation means any operation conducted within the 
scope of this standard.
    Hazardous waste site or Site means any facility or location within 
the scope of this standard at which hazardous waste operations take 
place.
    Health hazard means a chemical, mixture of chemicals or a pathogen 
for which there is statistically significant evidence based on at least 
one study conducted in accordance with established scientific principles 
that acute or chronic health effects may occur in exposed employees. The 
term health hazard includes chemicals which are carcinogens, toxic or 
highly toxic agents, reproductive toxins, irritants, corrosives, 
sensitizers, heptaotoxins, nephrotoxins, neurotoxins, agents which act 
on the hematopoietic system, and agents which damage the lungs, skin, 
eyes, or mucous membranes. It also includes stress due to temperature 
extremes. Further definition of the terms used above can be found in 
appendix A to 29 CFR 1926.59.
    IDLH or Immediately dangerous to life or health means an atmospheric 
concentration of any toxic, corrosive or asphyxiant substance that poses 
an immediate threat to life or would cause irreversible or delayed 
adverse health effects or would interfere with an individual's ability 
to escape from a dangerous atmosphere.
    Oxygen deficiency means that concentration of oxygen by volume below 
which atmosphere supplying respiratory protection must be provided. It 
exists in atmospheres where the percentage of oxygen by volume is less 
than 19.5 percent oxygen.
    Permissible exposure limit means the exposure, inhalation or dermal 
permissible exposure limit specified either in Sec. 1926.55, elsewhere 
in subpart D, or in other pertinent sections of this part.
    Published exposure level means the exposure limits published in 
``NIOSH Recommendations for Occupational Health Standards'' dated 1986 
incorporated by reference, or if none is specified, the exposure limits 
published in the standards specified by the American Conference of 
Governmental Industrial Hygienists in their publication ``Threshold 
Limit Values and Biological Exposure Indices for 1987-88'' dated 1987 
incorporated by reference.
    Post emergency response means that portion of an emergency response 
performed after the immediate threat of a release has been stabilized or 
eliminated and clean-up of the site has begun. If post emergency 
response is performed by an employer's own employees who were part of 
the initial emergency response, it is considered to be part of the 
initial response and not post emergency response. However, if a group of 
an employer's own employees, separate from the group providing initial 
response, performs the clean-up operation, then the separate group of 
employees would be considered to be performing post-emergency response 
and subject to paragraph (q)(11) of this section.
    Qualified person means a person with specific training, knowledge 
and experience in the area for which the person has the responsibility 
and the authority to control.
    Site safety and health supervisor (or official) means the individual 
located on a hazardous waste site who is responsible to the employer and 
has the authority and knowledge necessary to implement the site safety 
and health plan and verify compliance with applicable safety and health 
requirements.
    Small quantity qenerator means a generator of hazardous wastes who 
in any calendar month generates no more

[[Page 137]]

than 1,000 kilograms (2,205 pounds) of hazardous waste in that month.
    Uncontrolled hazardous waste site, means an area identified as an 
uncontrolled hazardous waste site by a governmental body, whether 
Federal, state, local or other where an accumulation of hazardous 
substances creates a threat to the health and safety of individuals or 
the environment or both. Some sites are found on public lands such as 
those created by former municipal, county or state landfills where 
illegal or poorly managed waste disposal has taken place. Other sites 
are found on private property, often belonging to generators or former 
generators of hazardous substance wastes. Examples of such sites 
include, but are not limited to, surface impoundments, landfills, dumps, 
and tank or drum farms. Normal operations at TSD sites are not covered 
by this definition.
    (b) Safety and health program.

    Note to (b): Safety and health programs developed and implemented to 
meet other Federal, state, or local regulations are considered 
acceptable in meeting this requirement if they cover or are modified to 
cover the topics required in this paragraph. An additional or separate 
safety and health program is not required by this paragraph.

    (1) General. (i) Employers shall develop and implement a written 
safety and health program for their employees involved in hazardous 
waste operations. The program shall be designed to identify, evaluate, 
and control safety and health hazards, and provide for emergency 
response for hazardous waste operations.
    (ii) The written safety and health program shall incorporate the 
following:
    (A) An organizational structure;
    (B) A comprehensive workplan;
    (C) A site-specific safety and health plan which need not repeat the 
employer's standard operating procedures required in paragraph 
(b)(1)(ii)(F) of this section;
    (D) The safety and health training program;
    (E) The medical surveillance program;
    (F) The employer's standard operating procedures for safety and 
health; and
    (G) Any necessary interface between general program and site 
specific activities.
    (iii) Site excavation. Site excavations created during initial site 
preparation or during hazardous waste operations shall be shored or 
sloped as appropriate to prevent accidental collapse in accordance with 
subpart P of 29 CFR part 1926.
    (iv) Contractors and sub-contractors. An employer who retains 
contractor or sub-contractor services for work in hazardous waste 
operations shall inform those contractors, sub-contractors, or their 
representatives of the site emergency response procedures and any 
potential fire, explosion, health, safety or other hazards of the 
hazardous waste operation that have been identified by the employer, 
including those identified in the employer's information program.
    (v) Program availability. The written safety and health program 
shall be made available to any contractor or subcontractor or their 
representative who will be involved with the hazardous waste operation; 
to employees; to employee designated representatives; to OSHA personnel, 
and to personnel of other Federal, state, or local agencies with 
regulatory authority over the site.
    (2) Organizational structure part of the site program--(i) The 
organizationa1 structure part of the program shall establish the 
specific chain of command and specify the overall responsibilities of 
supervisors and employees. It shall include, at a minimum, the following 
elements:
    (A) A general supervisor who has the responsibility and authority to 
direct all hazardous waste operations.
    (B) A site safety and health supervisor who has the responsibility 
and authority to develop and implement the site safety and health plan 
and verify compliance.
    (C) All other personnel needed for hazardous waste site operations 
and emergency response and their general functions and responsibilities.
    (D) The lines of authority, responsibility, and communication.

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    (ii) The organizational structure shall be reviewed and updated as 
necessary to reflect the current status of waste site operations.
    (3) Comprehensive workplan part of the site program. The 
comprehensive workplan part of the program shall address the tasks and 
objectives of the site operations and the logistics and resources 
required to reach those tasks and objectives.
    (i) The comprehensive workplan shall address anticipated clean-up 
activities as well as normal operating procedures which need not repeat 
the employer's procedures available elsewhere.
    (ii) The comprehensive workplan shall define work tasks and 
objectives and identify the methods for accomplishing those tasks and 
objectives.
    (iii) The comprehensive workplan shall establish personnel 
requirements for implementing the plan.
    (iv) The comprehensive workplan shall provide for the implementation 
of the training required in paragraph (e) of this section.
    (v) The comprehensive workplan shall provide for the implementation 
of the required informational programs required in paragraph (i) of this 
section.
    (vi) The comprehensive workplan shall provide for the implementation 
of the medical surveillance program described in paragraph (f) of this 
section.
    (4) Site-specific safety and health plan part of the program--(i) 
General. The site safety and health plan, which must be kept on site, 
shall address the safety and health hazards of each phase of site 
operation and include the requirements and procedures for employee 
protection.
    (ii) Elements. The site safety and health plan, as a minimum, shall 
address the following:
    (A) A safety and health risk or hazard analysis for each site task 
and operation found in the workplan.
    (B) Employee training assignments to assure compliance with 
paragraph (e) of this section.
    (C) Personal protective equipment to be used by employees for each 
of the site tasks and operations being conducted as required by the 
personal protective equipment program in paragraph (g)(5) of this 
section.
    (D) Medical surveillance requirements in accordance with the program 
in paragraph (f) of this section.
    (E) Frequency and types of air monitoring, personnel monitoring, and 
environmental sampling techniques and instrumentation to be used, 
including methods of maintenance and calibration of monitoring and 
sampling equipment to be used.
    (F) Site control measures in accordance with the site control 
program required in paragraph (d) of this section.
    (G) Decontamination procedures in accordance with paragraph (k) of 
this section.
    (H) An emergency response plan meeting the requirements of paragraph 
(l) of this section for safe and effective responses to emergencies, 
including the necessary PPE and other equipment.
    (I) Confined space entry procedures.
    (J) A spill containment program meeting the requirements of 
paragraph (j) of this section.
    (iii) Pre-entry briefing. The site specific safety and health plan 
shall provide for pre-entry briefings to be held prior to initiating any 
site activity, and at such other times as necessary to ensure that 
employees are apprised of the site safety and health plan and that this 
plan is being followed. The information and data obtained from site 
characterization and analysis work required in paragraph (c) of this 
section shall be used to prepare and update the site safety and health 
plan.
    (iv) Effectiveness of site safety and health plan. Inspections shall 
be conducted by the site safety and health supervisor or, in the absence 
of that individual, another individual who is knowledgeable in 
occupational safety and health, acting on behalf of the employer as 
necessary to determine the effectiveness of the site safety and health 
plan. Any deficiencies in the effectiveness of the site safety and 
health plan shall be corrected by the employer.
    (c) Site characterization and analysis--(1) General. Hazardous waste 
sites shall be evaluated in accordance with this paragraph to identify 
specific site hazards and to determine the appropriate safety and health 
control procedures

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needed to protect employees from the identified hazards.
    (2) Preliminary evaluation. A preliminary evaluation of a site's 
characteristics shall be performed prior to site entry by a qualified 
person in order to aid in the selection of appropriate employee 
protection methods prior to site entry. Immediately after initial site 
entry, a more detailed evaluation of the site's specific characteristics 
shall be performed by a qualified person in order to further identify 
existing site hazards and to further aid in the selection of the 
appropriate engineering controls and personal protective equipment for 
the tasks to be performed.
    (3) Hazard identification. All suspected conditions that may pose 
inhalation or skin absorption hazards that are immediately dangerous to 
life or health (IDLH), or other conditions that may cause death or 
serious harm, shall be identified during the preliminary survey and 
evaluated during the detailed survey. Examples of such hazards include, 
but are not limited to, confined space entry, potentially explosive or 
flammable situations, visible vapor clouds, or areas where biological 
indicators such as dead animals or vegetation are located.
    (4) Required information. The following information to the extent 
available shall be obtained by the employer prior to allowing employees 
to enter a site:
    (i) Location and approximate size of the site.
    (ii) Description of the response activity and/or the job task to be 
performed.
    (iii) Duration of the planned employee activity.
    (iv) Site topography and accessibility by air and roads.
    (v) Safety and health hazards expected at the site.
    (vi) Pathways for hazardous substance dispersion.
    (vii) Present status and capabilities of emergency response teams 
that would provide assistance to hazardous waste clean-up site employees 
at the time of an emergency.
    (viii) Hazardous substances and health hazards involved or expected 
at the site, and their chemical and physical properties.
    (5) Personal protective equipment. Personal protective equipment 
(PPE) shall be provided and used during initial site entry in accordance 
with the following requirements:
    (i) Based upon the results of the preliminary site evaluation, an 
ensemble of PPE shall be selected and used during initial site entry 
which will provide protection to a level of exposure below permissible 
exposure limits and published exposure levels for known or suspected 
hazardous substances and health hazards, and which will provide 
protection against other known and suspected hazards identified during 
the preliminary site evaluation. If there is no permissible exposure 
limit or published exposure level, the employer may use other published 
studies and information as a guide to appropriate personal protective 
equipment.
    (ii) If positive-pressure self-contained breathing apparatus is not 
used as part of the entry ensemble, and if respiratory protection is 
warranted by the potential hazards identified during the preliminary 
site evaluation, an escape self-contained breathing apparatus of at 
least five minute's duration shall be carried by employees during 
initial site entry.
    (iii) If the preliminary site evaluation does not produce sufficient 
information to identify the hazards or suspected hazards of the site, an 
ensemble providing protection equivalent to Level B PPE shall be 
provided as minimum protection, and direct reading instruments shall be 
used as appropriate for identifying IDLH conditions. (See appendix B for 
a description of Level B hazards and the recommendations for Level B 
protective equipment.)
    (iv) Once the hazards of the site have been identified, the 
appropriate PPE shall be selected and used in accordance with paragraph 
(g) of this section.
    (6) Monitoring. The following monitoring shall be conducted during 
initial site entry when the site evaluation produces information that 
shows the potential for ionizing radiation or IDLH conditions, or when 
the site information is not sufficient reasonably to eliminate these 
possible conditions:

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    (i) Monitoring with direct reading instruments for hazardous levels 
of ionizing radiation.
    (ii) Monitoring the air with appropriate direct reading test 
equipment (i.e., combustible gas meters, detector tubes) for IDLH and 
other conditions that may cause death or serious harm (combustible or 
explosive atmospheres, oxygen deficiency, toxic substances).
    (iii) Visually observing for signs of actual or potential IDLH or 
other dangerous conditions.
    (iv) An ongoing air monitoring program in accordance with paragraph 
(h) of this section shall be implemented after site characterization has 
determined the site is safe for the start-up of operations.
    (7) Risk identification. Once the presence and concentrations of 
specific hazardous substances and health hazards have been established, 
the risks associated with these substances shall be identified. 
Employees who will be working on the site shall be informed of any risks 
that have been identified. In situations covered by the Hazard 
Communication Standard, 29 CFR 1926.59, training required by that 
standard need not be duplicated.

    Note to (c)(7). Risks to consider include, but are not limited to:
    (a) Exposures exceeding the permissible exposure limits and 
published exposure levels.
    (b) IDLH concentrations.
    (c) Potential skin absorption and irritation sources.
    (d) Potential eye irritation sources.
    (e) Explosion sensitivity and flammability ranges.
    (f) Oxygen deficiency.

    (8) Employee notification. Any information concerning the chemical, 
physical, and toxicologic properties of each substance known or expected 
to be present on site that is available to the employer and relevant to 
the duties an employee is expected to perform shall be made available to 
the affected employees prior to the commencement of their work 
activities. The employer may utilize information developed for the 
hazard communication standard for this purpose.
    (d) Site control--(1) General. Appropriate site control procedures 
shall be implemented to control employee exposure to hazardous 
substances before clean-up work begins.
    (2) Site control program. A site control program for protecting 
employees which is part of the employer's site safety and health program 
required in paragraph (b) of this section shall be developed during the 
planning stages of a hazardous waste clean-up operation and modified as 
necessary as new information becomes available.
    (3) Elements of the site control program. The site control program 
shall, as a minimum, include: A site map; site work zones; the use of a 
``buddy system''; site communications including alerting means for 
emergencies; the standard operating procedures or safe work practices; 
and, identification of the nearest medical assistance. Where these 
requirements are covered elsewhere they need not be repeated.
    (e) Training--(1) General. (i) All employees working on site (such 
as but not limited to equipment operators, general laborers and others) 
exposed to hazardous substances, health hazards, or safety hazards and 
their supervisors and management responsible for the site shall receive 
training meeting the requirements of this paragraph before they are 
permitted to engage in hazardous waste operations that could expose them 
to hazardous substances, safety, or health hazards, and they shall 
receive review training as specified in this paragraph.
    (ii) Employees shall not be permitted to participate in or supervise 
field activities until they have been trained to a level required by 
their job function and responsibility.
    (2) Elements to be covered. The training shall thoroughly cover the 
following:
    (i) Names of personnel and alternates responsible for site safety 
and health;
    (ii) Safety, health and other hazards present on the site;
    (iii) Use of personal protective equipment;
    (iv) Work practices by which the employee can minimize risks from 
hazards;
    (v) Safe use of engineering controls and equipment on the site;
    (vi) Medical surveillance requirements, including recognition of 
symptoms and signs which might indicate overexposure to hazards; and

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    (vii) The contents of paragraphs (G) through (J) of the site safety 
and health plan set forth in paragraph (b)(4)(ii) of this section.
    (3) Initial training. (i) General site workers (such as equipment 
operators, general laborers and supervisory personnel) engaged in 
hazardous substance removal or other activities which expose or 
potentially expose workers to hazardous substances and health hazards 
shall receive a minimum of 40 hours of instruction off the site, and a 
minimum of three days actual field experience under the direct 
supervision of a trained, experienced supervisor.
    (ii) Workers on site only occasionally for a specific limited task 
(such as, but not limited to, ground water monitoring, land surveying, 
or geo-physical surveying) and who are unlikely to be exposed over 
permissible exposure limits and published exposure limits shall receive 
a minimum of 24 hours of instruction off the site, and the minimum of 
one day actual field experience under the direct supervision of a 
trained, experienced supervisor.
    (iii) Workers regularly on site who work in areas which have been 
monitored and fully characterized indicating that exposures are under 
permissible exposure limits and published exposure limits where 
respirators are not necessary, and the characterization indicates that 
there are no health hazards or the possibility of an emergency 
developing, shall receive a minimum of 24 hours of instruction off the 
site and the minimum of one day actual field experience under the direct 
supervision of a trained, experienced supervisor.
    (iv) Workers with 24 hours of training who are covered by paragraphs 
(e)(3)(ii) and (e)(3)(iii) of this section, and who become general site 
workers or who are required to wear respirators, shall have the 
additional 16 hours and two days of training necessary to total the 
training specified in paragraph (e)(3)(i).
    (4) Management and supervisor training. On-site management and 
supervisors directly responsible for, or who supervise employees engaged 
in, hazardous waste operations shall receive 40 hours initial training, 
and three days of supervised field experience (the training may be 
reduced to 24 hours and one day if the only area of their responsibility 
is employees covered by paragraphs (e)(3)(ii) and (e)(3)(iii)) and at 
least eight additional hours of specialized training at the time of job 
assignment on such topics as, but not limited to, the employer's safety 
and health program and the associated employee training program, 
personal protective equipment program, spill containment program, and 
health hazard monitoring procedure and techniques.
    (5) Qualifications for trainers. Trainers shall be qualified to 
instruct employees about the subject matter that is being presented in 
training. Such trainers shall have satisfactorily completed a training 
program for teaching the subjects they are expected to teach, or they 
shall have the academic credentials and instructional experience 
necessary for teaching the subjects. Instructors shall demonstrate 
competent instructional skills and knowledge of the applicable subject 
matter.
    (6) Training certification. Employees and supervisors that have 
received and successfully completed the training and field experience 
specified in paragraphs (e)(1) through (e)(4) of this section shall be 
certified by their instructor or the head instructor and trained 
supervisor as having successfully completed the necessary training. A 
written certificate shall be given to each person so certified. Any 
person who has not been so certified or who does not meet the 
requirements of paragraph (e)(9) of this section shall be prohibited 
from engaging in hazardous waste operations.
    (7) Emergency response. Employees who are engaged in responding to 
hazardous emergency situations at hazardous waste clean-up sites that 
may expose them to hazardous substances shall be trained in how to 
respond to such expected emergencies.
    (8) Refresher training. Employees specified in paragraph (e)(1) of 
this section, and managers and supervisors specified in paragraph (e)(4) 
of this section, shall receive eight hours of refresher training 
annually on the items specified in paragraph (e)(2) and/or (e)(4) of 
this section, any critique of incidents that have occurred in the past 
year that can serve as training examples of related work, and other 
relevant topics.

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    (9) Equivalent training. Employers who can show by documentation or 
certification that an employee's work experience and/or training has 
resulted in training equivalent to that training required in paragraphs 
(e)(1) through (e)(4) of this section shall not be required to provide 
the initial training requirements of those paragraphs to such employees 
and shall provide a copy of the certification or documentation to the 
employee upon request. However, certified employees or employees with 
equivalent training new to a site shall receive appropriate, site 
specific training before site entry and have appropriate supervised 
field experience at the new site. Equivalent training includes any 
academic training or the training that existing employees might have 
already received from actual hazardous waste site work experience.
    (f) Medical surveillance--(1) General. Employers engaged in 
operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this 
section and not covered by (a)(2)(iii) exceptions and employers of 
employees specified in paragraph (q)(9) shall institute a medical 
surveillance program in accordance with this paragraph.
    (2) Employees covered. The medical surveillance program shall be 
instituted by the employer for the following employees:
    (i) All employees who are or may be exposed to hazardous substances 
or health hazards at or above the permissible exposure limits or, if 
there is no permissible exposure limit, above the published exposure 
levels for these substances, without regard to the use of respirators, 
for 30 days or more a year;
    (ii) All employees who wear a respirator for 30 days or more a year 
or as required by Sec.  1926.103;
    (iii) All employees who are injured, become ill or develop signs or 
symptoms due to possible overexposure involving hazardous substances or 
health hazards from an emergency response or hazardous waste operation; 
and
    (iv) Members of HAZMAT teams.
    (3) Frequency of medical examinations and consultations. Medical 
examinations and consultations shall be made available by the employer 
to each employee covered under paragraph (f)(2) of this section on the 
following schedules:
    (i) For employees covered under paragraphs (f)(2)(i), (f)(2)(ii), 
and (f)(2)(iv):
    (A) Prior to assignment;
    (B) At least once every twelve months for each employee covered 
unless the attending physician believes a longer interval (not greater 
than biennially) is appropriate;
    (C) At termination of employment or reassignment to an area where 
the employee would not be covered if the employee has not had an 
examination within the last six months;
    (D) As soon as possible upon notification by an employee that the 
employee has developed signs or symptoms indicating possible 
overexposure to hazardous substances or health hazards, or that the 
employee has been injured or exposed above the permissible exposure 
limits or published exposure levels in an emergency situation;
    (E) At more frequent times, if the examining physician determines 
that an increased frequency of examination is medically necessary.
    (ii) For employees covered under paragraph (f)(2)(iii) and for all 
employees including those of employers covered by paragraph (a)(1)(v) 
who may have been injured, received a health impairment, developed signs 
or symptoms which may have resulted from exposure to hazardous 
substances resulting from an emergency incident, or exposed during an 
emergency incident to hazardous substances at concentrations above the 
permissible exposure limits or the published exposure levels without the 
necessary personal protective equipment being used:
    (A) As soon as possible following the emergency incident or 
development of signs or symptoms;
    (B) At additional times, if the examining physician determines that 
follow-up examinations or consultations are medically necessary.
    (4) Content of medical examinations and consultations. (i) Medical 
examinations required by paragraph (f)(3) of this section shall include 
a medical and work history (or updated history if one is in the 
employee's file) with special emphasis on symptoms related to the 
handling of hazardous substances and

[[Page 143]]

health hazards, and to fitness for duty including the ability to wear 
any required PPE under conditions (i.e., temperature extremes) that may 
be expected at the work site.
    (ii) The content of medical examinations or consultations made 
available to employees pursuant to paragraph (f) shall be determined by 
the attending physician. The guidelines in the Occupational Safety and 
Health Guidance Manual for Hazardous Waste Site Activities (See appendix 
D, Reference 10) should be consulted.
    (5) Examination bv a physician and costs. All medical examinations 
and procedures shall be performed by or under the supervision of a 
licensed physician, preferably one knowledgeable in occupational 
medicine, and shall be provided without cost to the employee, without 
loss of pay, and at a reasonable time and place.
    (6) Information provided to the physician. The employer shall 
provide one copy of this standard and its appendices to the attending 
physician, and in addition the following for each employee:
    (i) A description of the employee's duties as they relate to the 
employee's exposures.
    (ii) The employee's exposure levels or anticipated exposure levels.
    (iii) A description of any personal protective equipment used or to 
be used.
    (iv) Information from previous medical examinations of the employee 
which is not readily available to the examining physician.
    (v) Information required by Sec.  1926.103.
    (7) Physician's written opinion. (i) The employer shall obtain and 
furnish the employee with a copy of a written opinion from the attending 
physician containing the following:
    (A) The physician's opinion as to whether the employee has any 
detected medical conditions which would place the employee at increased 
risk of material impairment of the employee's health from work in 
hazardous waste operations or emergency response, or from respirator 
use.
    (B) The physician's recommended limitations upon the employee's 
assigned work.
    (C) The results of the medical examination and tests if requested by 
the employee.
    (D) A statement that the employee has been informed by the physician 
of the results of the medical examination and any medical conditions 
which require further examination or treatment.
    (ii) The written opinion obtained by the employer shall not reveal 
specific findings or diagnoses unrelated to occupational exposures.
    (8) Recordkeeping. (i) An accurate record of the medical 
surveillance required by paragraph (f) of this section shall be 
retained. This record shall be retained for the period specified and 
meet the criteria of 29 CFR 1926.33.
    (ii) The record required in paragraph (f)(8)(i) of this section 
shall include at least the following information:
    (A) The name and social security number of the employee;
    (B) Physician's written opinions, recommended limitations, and 
results of examinations and tests;
    (C) Any employee medical complaints related to exposure to hazardous 
substances;
    (D) A copy of the information provided to the examining physician by 
the employer, with the exception of the standard and its appendices.
    (g) Engineering controls, work practices, and personal protective 
equipment for employee protection. Engineering controls, work practices, 
personal protective equipment, or a combination of these shall be 
implemented in accordance with this paragraph to protect employees from 
exposure to hazardous substances and safety and health hazards.
    (1) Engineering controls, work practices and PPE for substances 
regulated either in Sec.  1926.55, elsewhere in subpart D, or in other 
pertinent sections of this part. (i) Engineering controls and work 
practices shall be instituted to reduce and maintain employee exposure 
to or below the permissible exposure limits for substances regulated 
either in Sec.  1926.55 or other pertinent sections of this part, except 
to the extent that such controls and practices are not feasible.

    Note to (g)(1)(i): Engineering controls which may be feasible 
include the use of

[[Page 144]]

pressurized cabs or control booths on equipment, and/or the use of 
remotely operated material handling equipment. Work practices which may 
be feasible are removing all non-essential employees from potential 
exposure during opening of drums, wetting down dusty operations and 
locating employees upwind of possible hazards.
    (ii) Whenever engineering controls and work practices are not 
feasible or not required, any reasonable combination of engineering 
controls, work practices and PPE shall be used to reduce and maintain 
employee exposures to or below the permissible exposure limits or dose 
limits for substances regulated either in Sec. 1926.55 or other 
pertinent sections of this part.
    (iii) The employer shall not implement a schedule of employee 
rotation as a means of compliance with permissible exposure limits or 
dose limits except when there is no other feasible way of complying with 
the airborne or dermal dose limits for ionizing radiation.
    (iv) The provisions of subpart D shall be followed.

    (2) Engineering controls, work practices, and PPE for substances not 
regulated either in Sec. 1926.55, elsewhere in subpart D, or in other 
pertinent sections of this part. An appropriate combination of 
engineering controls, work practices and personal protective equipment 
shall be used to reduce and maintain employee exposure to or below 
published exposure levels for hazardous substances and health hazards 
not regulated either in Sec. 1926.55, elsewhere in subpart D, or in 
other pertinent sections of this part. The employer may use the 
published literature and MSDS as a guide in making the employer's 
determination as to what level of protection the employer believes is 
appropriate for hazardous substances and health hazards for which there 
is no permissible exposure limit or published exposure limit.
    (3) Personal protective equipment selection. (i) Personal protective 
equipment (PPE) shall be selected and used which will protect employees 
from the hazards and potential hazards they are likely to encounter as 
identified during the site characterization and analysis.
    (ii) Personal protective equipment selection shall be based on an 
evaluation of the performance characteristics of the PPE relative to the 
requirements and limitations of the site, the task-specific conditions 
and duration, and the hazards and potential hazards identified at the 
site.
    (iii) Positive pressure self-contained breathing apparatus, or 
positive pressure air-line respirators equipped with an escape air 
supply, shall be used when chemical exposure levels present will create 
a substantial possibility of immediate death, immediate serious illness 
or injury, or impair the ability to escape.
    (iv) Totally-encapsulating chemical protective suits (protection 
equivalent to Level A protection as recommended in appendix B) shall be 
used in conditions where skin absorption of a hazardous substance may 
result in a substantial possibility of immediate death, immediate 
serious illness or injury, or impair the ability to escape.
    (v) The level of protection provided by PPE selection shall be 
increased when additional information on site conditions indicates that 
increased protection is necessary to reduce employee exposures below 
permissible exposure limits and published exposure levels for hazardous 
substances and health hazards. (See appendix B for guidance on selecting 
PPE ensembles.)

    Note to (g)(3): The level of employee protection provided may be 
decreased when additional information or site conditions show that 
decreased protection will not result in hazardous exposures to 
employees.

    (vi) Personal protective equipment shall be selected and used to 
meet the requirements of subpart E of this part and additional 
requirements specified in this section.
    (4) Totally-encapsulating chemical protective suits. (i) Totally-
encapsulating suits shall protect employees from the particular hazards 
which are identified during site characterization and analysis.
    (ii) Totally-encapsulating suits shall be capable of maintaining 
positive air pressure. (See appendix A for a test method which may be 
used to evaluate this requirement.)
    (iii) Totally-encapsulating suits shall be capable of preventing 
inward test gas leakage of more than 0.5 percent. (See appendix A for a 
test method which may be used to evaluate this requirement.)
    (5) Personal protective equipment (PPE) program. A written personal 
protective equipment program, which is part of

[[Page 145]]

the employer's safety and health program required in paragraph (b) of 
this section or required in paragraph (p)(1) of this section and which 
is also a part of the site-specific safety and health plan shall be 
established. The PPE program shall address the elements listed below. 
When elements, such as donning and doffing procedures, are provided by 
the manufacturer of a piece of equipment and are attached to the plan, 
they need not be rewritten into the plan as long as they adequately 
address the procedure or element.
    (i) PPE selection based upon site hazards,
    (ii) PPE use and limitations of the equipment,
    (iii) Work mission duration,
    (iv) PPE maintenance and storage,
    (v) PPE decontamination and disposal,
    (vi) PPE training and proper fitting,
    (vii) PPE donning and doffing procedures,
    (viii) PPE inspection procedures prior to, during, and after use,
    (ix) Evaluation of the effectiveness of the PPE program, and
    (x) Limitations during temperature extremes, heat stress, and other 
appropriate medical considerations.
    (h) Monitoring--(1) General. (i) Monitoring shall be performed in 
accordance with this paragraph where there may be a question of employee 
exposure to hazardous concentrations of hazardous substances in order to 
assure proper selection of engineering controls, work practices and 
personal protective equipment so that employees are not exposed to 
levels which exceed permissible exposure limits, or published exposure 
levels if there are no permissible exposure limits, for hazardous 
substances.
    (ii) Air monitoring shall be used to identify and quantify airborne 
levels of hazardous substances and safety and health hazards in order to 
determine the appropriate level of employee protection needed on site.
    (2) Initial entry. Upon initial entry, representative air monitoring 
shall be conducted to identify any IDLH condition, exposure over 
permissible exposure limits or published exposure levels, exposure over 
a radioactive material's dose limits or other dangerous condition such 
as the presence of flammable atmospheres or oxygen-deficient 
environments.
    (3) Periodic monitoring. Periodic monitoring shall be conducted when 
the possibility of an IDLH condition or flammable atmosphere has 
developed or when there is indication that exposures may have risen over 
permissible exposure limits or published exposure levels since prior 
monitoring. Situations where it shall be considered whether the 
possibility that exposures have risen are as follows:
    (i) When work begins on a different portion of the site.
    (ii) When contaminants other than those previously identified are 
being handled.
    (iii) When a different type of operation is initiated (e.g., drum 
opening as opposed to exploratory well drilling).
    (iv) When employees are handling leaking drums or containers or 
working in areas with obvious liquid contamination (e.g., a spill or 
lagoon).
    (4) Monitoring of high-risk employees. After the actual clean-up 
phase of any hazardous waste operation commences; for example, when 
soil, surface water or containers are moved or disturbed; the employer 
shall monitor those employees likely to have the highest exposures to 
hazardous substances and health hazards likely to be present above 
permissible exposure limits or published exposure levels by using 
personal sampling frequently enough to characterize employee exposures. 
If the employees likely to have the highest exposure are over 
permissible exposure limits or published exposure limits, then 
monitoring shall continue to determine all employees likely to be above 
those limits. The employer may utilize a representative sampling 
approach by documenting that the employees and chemicals chosen for 
monitoring are based on the criteria stated above.

    Note to (h): It is not required to monitor employees engaged in site 
characterization operations covered by paragraph (c) of this section.

    (i) Informational programs. Employers shall develop and implement a 
program, which is part of the employer's safety and health program 
required in paragraph (b) of this section, to inform

[[Page 146]]

employees, contractors, and subcontractors (or their representative) 
actually engaged in hazardous waste operations of the nature, level and 
degree of exposure likely as a result of participation in such hazardous 
waste operations. Employees, contractors and subcontractors working 
outside of the operations part of a site are not covered by this 
standard.
    (j) Handling drums and containers--(1) General. (i) Hazardous 
substances and contaminated soils, liquids, and other residues shall be 
handled, transported, labeled, and disposed of in accordance with this 
paragraph.
    (ii) Drums and containers used during the clean-up shall meet the 
appropriate DOT, OSHA, and EPA regulations for the wastes that they 
contain.
    (iii) When practical, drums and containers shall be inspected and 
their integrity shall be assured prior to being moved. Drums or 
containers that cannot be inspected before being moved because of 
storage conditions (i.e., buried beneath the earth, stacked behind other 
drums, stacked several tiers high in a pile, etc.) shall be moved to an 
accessible location and inspected prior to further handling.
    (iv) Unlabelled drums and containers shall be considered to contain 
hazardous substances and handled accordingly until the contents are 
positively identified and labeled.
    (v) Site operations shall be organized to minimize the amount of 
drum or container movement.
    (vi) Prior to movement of drums or containers, all employees exposed 
to the transfer operation shall be warned of the potential hazards 
associated with the contents of the drums or containers.
    (vii) U.S. Department of Transportation specified salvage drums or 
containers and suitable quantities of proper absorbent shall be kept 
available and used in areas where spills, leaks, or ruptures may occur.
    (viii) Where major spills may occur, a spill containment program, 
which is part of the employer's safety and health program required in 
paragraph (b) of this section, shall be implemented to contain and 
isolate the entire volume of the hazardous substance being transferred.
    (ix) Drums and containers that cannot be moved without rupture, 
leakage, or spillage shall be emptied into a sound container using a 
device classified for the material being transferred.
    (x) A ground-penetrating system or other type of detection system or 
device shall be used to estimate the location and depth of buried drums 
or containers.
    (xi) Soil or covering material shall be removed with caution to 
prevent drum or container rupture.
    (xii) Fire extinguishing equipment meeting the requirements of 
subpart F of this part shall be on hand and ready for use to control 
incipient fires.
    (2) Openinq drums and containers. The following procedures shall be 
followed in areas where drums or containers are being opened:
    (i) Where an airline respirator system is used, connections to the 
source of air supply shall be protected from contamination and the 
entire system shall be protected from physical damage.
    (ii) Employees not actually involved in opening drums or containers 
shall be kept a safe distance from the drums or containers being opened.
    (iii) If employees must work near or adjacent to drums or containers 
being opened, a suitable shield that does not interfere with the work 
operation shall be placed between the employee and the drums or 
containers being opened to protect the employee in case of accidental 
explosion.
    (iv) Controls for drum or container opening equipment, monitoring 
equipment, and fire suppression equipment shall be located behind the 
explosion-resistant barrier.
    (v) When there is a reasonable possibility of flammable atmospheres 
being present, material handling equipment and hand tools shall be of 
the type to prevent sources of ignition.
    (vi) Drums and containers shall be opened in such a manner that 
excess interior pressure will be safely relieved. If pressure can not be 
relieved from a remote location, appropriate shielding shall be placed 
between the employee and the drums or containers to reduce the risk of 
employee injury.
    (vii) Employees shall not stand upon or work from drums or 
containers.

[[Page 147]]

    (3) Material handling equipment. Material handiing equipment used to 
transfer drums and containers shall be selected, positioned and operated 
to minimize sources of ignition related to the equipment from igniting 
vapors released from ruptured drums or containers.
    (4) Radioactive wastes. Drums and containers containing radioactive 
wastes shall not be handled until such time as their hazard to employees 
is properly assessed.
    (5) Shock sensitive wastes. As a minimum, the following special 
precautions shall be taken when drums and containers containing or 
suspected of containing shock-sensitive wastes are handled:
    (i) All non-essential employees shall be evacuated from the area of 
transfer.
    (ii) Material handling equipment shall be provided with explosive 
containment devices or protective shields to protect equipment operators 
from exploding containers.
    (iii) An employee alarm system capable of being perceived above 
surrounding light and noise conditions shall be used to signal the 
commencement and completion of explosive waste handling activities.
    (iv) Continuous communications (i.e., portable radios, hand signals, 
telephones, as appropriate) shall be maintained between the employee-in-
charge of the immediate handling area and both the site safety and 
health supervisor and the command post until such time as the handling 
operation is completed. Communication equipment or methods that could 
cause shock sensitive materials to explode shall not be used.
    (v) Drums and containers under pressure, as evidenced by bulging or 
swelling, shall not be moved until such time as the cause for excess 
pressure is determined and appropriate containment procedures have been 
implemented to protect employees from explosive relief of the drum.
    (vi) Drums and containers containing packaged laboratory wastes 
shall be considered to contain shock-sensitive or explosive materials 
until they have been characterized.

Caution: Shipping of shock sensitive wastes may be prohibited under U.S. 
Department of Transportation regulations. Employers and their shippers 
should refer to 49 CFR 173.21 and 173.50.

    (6) Laboratory waste packs. In addition to the requirements of 
paragraph (j)(5) of this section, the following precautions shall be 
taken, as a minimum, in handling laboratory waste packs (lab packs):
    (i) Lab packs shall be opened only when necessary and then only by 
an individual knowledgeable in the inspection, classification, and 
segregation of the containers within the pack according to the hazards 
of the wastes.
    (ii) If crystalline material is noted on any container, the contents 
shall be handled as a shock-sensitive waste until the contents are 
identified.
    (7) Sampling of drum and container contents. Sampling of containers 
and drums shall be done in accordance with a sampling procedure which is 
part of the site safety and health plan developed for and available to 
employees and others at the specific worksite.
    (8) Shipping and transport. (i) Drums and containers shall be 
identified and classified prior to packaging for shipment.
    (ii) Drum or container staging areas shall be kept to the minimum 
number necessary to identify and classify materials safely and prepare 
them for transport.
    (iii) Staging areas shall be provided with adequate access and 
egress routes.
    (iv) Bulking of hazardous wastes shall be permitted only after a 
thorough characterization of the materials has been completed.
    (9) Tank and vault procedures. (i) Tanks and vaults containing 
hazardous substances shall be handled in a manner similar to that for 
drums and containers, taking into consideration the size of the tank or 
vault.
    (ii) Appropriate tank or vault entry procedures as described in the 
employer's safety and health plan shall be followed whenever employees 
must enter a tank or vault.
    (k) Decontamination--(1) General. Procedures for all phases of 
decontamination shall be developed and implemented in accordance with 
this paragraph.

[[Page 148]]

    (2) Decontamination procedures. (i) A decontamination procedure 
shall be developed, communicated to employees and implemented before any 
employees or equipment may enter areas on site where potential for 
exposure to hazardous substances exists.
    (ii) Standard operating procedures shall be developed to minimize 
employee contact with hazardous substances or with equipment that has 
contacted hazardous substances.
    (iii) All employees leaving a contaminated area shall be 
appropriately decontaminated; all contaminated clothing and equipment 
leaving a contaminated area shall be appropriately disposed of or 
decontaminated.
    (iv) Decontamination procedures shall be monitored by the site 
safety and health supervisor to determine their effectiveness. When such 
procedures are found to be ineffective, appropriate steps shall be taken 
to correct any deficiencies.
    (3) Location. Decontamination shall be performed in geographical 
areas that will minimize the exposure of uncontaminated employees or 
equipment to contaminated employees or equipment.
    (4) Equipment and solvents. All equipment and solvents used for 
decontamination shall be decontaminated or disposed of properly.
    (5) Personal protective clothing and equipment. (i) Protective 
clothing and equipment shall be decontaminated, cleaned, laundered, 
maintained or replaced as needed to maintain their effectiveness.
    (ii) Employees whose non-impermeable clothing becomes wetted with 
hazardous substances shall immediately remove that clothing and proceed 
to shower. The clothing shall be disposed of or decontaminated before it 
is removed from the work zone.
    (6) Unauthorized employees. Unauthorized employees shall not remove 
protective clothing or equipment from change rooms.
    (7) Commercial laundries or cleaning establishments. Commercial 
laundries or cleaning establishments that decontaminate protective 
clothing or equipment shall be informed of the potentially harmful 
effects of exposures to hazardous substances.
    (8) Showers and change rooms. Where the decontamination procedure 
indicates a need for regular showers and change rooms outside of a 
contaminated area, they shall be provided and meet the requirements of 
29 CFR 1910.141. If temperature conditions prevent the effective use of 
water, then other effective means for cleansing shall be provided and 
used.
    (l) Emergency response by employees at uncontrolled hazardous waste 
sites--(1) Emergency response plan. (i) An emergency response plan shall 
be developed and implemented by all employers within the scope of 
paragraphs (a)(1) (i)-(ii) of this section to handle anticipated 
emergencies prior to the commencement of hazardous waste operations. The 
plan shall be in writing and available for inspection and copying by 
employees, their representatives, OSHA personnel and other governmental 
agencies with relevant responsibilities.
    (ii) Employers who will evacuate their employees from the danger 
area when an emergency occurs, and who do not permit any of their 
employees to assist in handling the emergency, are exempt from the 
requirements of this paragraph if they provide an emergency action plan 
complying with Sec.  1926.35 of this part.
    (2) Elements of an emergency response plan. The employer shall 
develop an emergency response plan for emergencies which shall address, 
as a minimum, the following:
    (i) Pre-emergency planning.
    (ii) Personnel roles, lines of authority, and communication.
    (iii) Emergency recognition and prevention.
    (iv) Safe distances and places of refuge.
    (v) Site security and control.
    (vi) Evacuation routes and procedures.
    (vii) Decontamination procedures which are not covered by the site 
safety and health plan.
    (viii) Emergency medical treatment and first aid.
    (ix) Emergency alerting and response procedures.
    (x) Critique of response and follow-up.
    (xi) PPE and emergency equipment.

[[Page 149]]

    (3) Procedures for handling emergency incidents. (i) In addition to 
the elements for the emergency response plan required in paragraph 
(1)(2) of this section, the following elements shall be included for 
emergency response plans:
    (A) Site topography, layout, and prevailing weather conditions.
    (B) Procedures for reporting incidents to local, state, and federal 
governmental agencies.
    (ii) The emergency response plan shall be a separate section of the 
Site Safety and Health Plan.
    (iii) The emergency response plan shall be compatible and integrated 
with the disaster, fire and/or emergency response plans of local, state, 
and federal agencies.
    (iv) The emergency response plan shall be rehearsed regularly as 
part of the overall training program for site operations.
    (v) The site emergency response plan shall be reviewed periodically 
and, as necessary, be amended to keep it current with new or changing 
site conditions or information.
    (vi) An employee alarm system shall be installed in accordance with 
29 CFR 1926.159 to notify employees of an emergency situation; to stop 
work activities if necessary; to lower background noise in order to 
speed communication; and to begin emergency procedures.
    (vii) Based upon the information available at time of the emergency, 
the employer shall evaluate the incident and the site response 
capabilities and proceed with the appropriate steps to implement the 
site emergency response plan.
    (m) Illumination. Areas accessible to employees shall be lighted to 
not less than the minimum illumination intensities listed in the 
following Table D-65.1 while any work is in progress:

     Table D-65.1--Minimum Illumination Intensities in Foot-Candles
------------------------------------------------------------------------
              Foot-candles                      Area or operations
------------------------------------------------------------------------
5......................................  General site areas.
3......................................  Excavation and waste areas,
                                          accessways, active storage
                                          areas, loading platforms,
                                          refueling, and field
                                          maintenance areas.
5......................................  Indoors: Warehouses, corridors,
                                          hallways, and exitways.
5......................................  Tunnels, shafts, and general
                                          underground work areas.
                                          (Exception: Minimum of 10 foot-
                                          candles is required at tunnel
                                          and shaft heading during
                                          drilling mucking, and scaling.
                                          Mine Safety and Health
                                          Administration approved cap
                                          lights shall be acceptable for
                                          use in the tunnel heading.)
10.....................................  General shops (e.g., mechanical
                                          and electrical equipment
                                          rooms, active storerooms,
                                          barracks or living quarters,
                                          locker or dressing rooms,
                                          dining areas, and indoor
                                          toilets and workrooms.)
30.....................................  First aid stations,
                                          infirmaries, and offices.
------------------------------------------------------------------------

    (n) Sanitation at temporary workplaces--(1) Potable water. (i) An 
adequate supply of potable water shall be provided on the site.
    (ii) Portable containers used to dispense drinking water shall be 
capable of being tightly closed, and equipped with a tap. Water shall 
not be dipped from containers.
    (iii) Any container used to distribute drinking water shall be 
clearly marked as to the nature of its contents and not used for any 
other purpose.
    (iv) Where single service cups (to be used but once) are supplied, 
both a sanitary container for the unused cups and a receptacle for 
disposing of the used cups shall be provided.
    (2) Nonpotable water. (i) Outlets for nonpotable water, such as 
water for firefighting purposes, shall be identified to indicate clearly 
that the water is unsafe and is not to be used for drinking, washing, or 
cooking purposes.
    (ii) There shall be no cross-connection, open or potential, between 
a system furnishing potable water and a system furnishing nonpotable 
water.
    (3) Toilet facilities. (i) Toilets shall be provided for employees 
according to the following Table D-65.2.

                     Table D-65.2--Toilet Facilities
------------------------------------------------------------------------
            Number of employees             Minimum number of facilities
------------------------------------------------------------------------
20 or fewer...............................  One.
More than 20, fewer than 200..............  One toilet seat and one
                                             urinal per 40 employees.
More than 200.............................  One toilet seat and one
                                             urinal per 50 employees.
------------------------------------------------------------------------

    (ii) Under temporary field conditions, provisions shall be made to 
assure that at least one toilet facility is available.

[[Page 150]]

    (iii) Hazardous waste sites not provided with a sanitary sewer shall 
be provided with the following toilet facilities unless prohibited by 
local codes:
    (A) Chemical toilets;
    (B) Recirculating toilets;
    (C) Combustion toilets; or
    (D) Flush toilets.
    (iv) The requirements of this paragraph for sanitation facilities 
shall not apply to mobile crews having transportation readily available 
to nearby toilet facilities.
    (v) Doors entering toilet facilities shall be provided with entrance 
locks controlled from inside the facility.
    (4) Food handling. All food service facilities and operations for 
employees shall meet the applicable laws, ordinances, and regulations of 
the jurisdictions in which they are located.
    (5) Temporary sleeping quarters. When temporary sleeping quarters 
are provided, they shall be heated, ventilated, and lighted.
    (6) Washing facilities. The employer shall provide adequate washing 
facilities for employees engaged in operations where hazardous 
substances may be harmful to employees. Such facilities shall be in near 
proximity to the worksite; in areas where exposures are below 
permissible exposure limits and published exposure levels and which are 
under the controls of the employer; and shall be so equipped as to 
enable employees to remove hazardous substances from themselves.
    (7) Showers and change rooms. When hazardous waste clean-up or 
removal operations commence on a site and the duration of the work will 
require six months or greater time to complete, the employer shall 
provide showers and change rooms for all employees exposed to hazardous 
substances and health hazards involved in hazardous waste clean-up or 
removal operations.
    (i) Showers shall be provided and shall meet the requirements of 29 
CFR 1926.51(f)(4).
    (ii) Change rooms shall be provided and shall meet the requirements 
of 29 CFR 1926.51(i). Change rooms shall consist of two separate change 
areas separated by the shower area required in paragraph (n)(7)(i) of 
this section. One change area, with an exit leading off the worksite, 
shall provide employees with a clean area where they can remove, store, 
and put on street clothing. The second area, with an exit to the 
worksite, shall provide employees with an area where they can put on, 
remove and store work clothing and personal protective equipment.
    (iii) Showers and change rooms shall be located in areas where 
exposures are below the permissible exposure limits and published 
exposure levels. If this cannot be accomplished, then a ventilation 
system shall be provided that will supply air that is below the 
permissible exposure limits and published exposure levels.
    (iv) Employers shall assure that employees shower at the end of 
their work shift and when leaving the hazardous waste site.
    (o) New technology programs. (1) The employer shall develop and 
implement procedures for the introduction of effective new technologies 
and equipment developed for the improved protection of employees working 
with hazardous waste clean-up operations, and the same shall be 
implemented as part of the site safety and health program to assure that 
employee protection is being maintained.
    (2) New technologies, equipment or control measures available to the 
industry, such as the use of foams, absorbents, adsorbents, 
neutralizers, or other means to suppress the level of air contaminates 
while excavating the site or for spill control, shall be evaluated by 
employers or their representatives. Such an evaluation shall be done to 
determine the effectiveness of the new methods, materials, or equipment 
before implementing their use on a large scale for enhancing employee 
protection. Information and data from manufacturers or suppliers may be 
used as part of the employer's evaluation effort. Such evaluations shall 
be made available to OSHA upon request.
    (p) Certain operations conducted under the Resource Conservation and 
Recovery Act of 1976 (RCRA). Employers conducting operations at 
treatment, storage and disposal (TSD) facilities specified in paragraph 
(a)(1)(iv) of this section shall provide and implement the programs 
specified in this paragraph. See the ``Notes and Exceptions'' to

[[Page 151]]

paragraph (a)(2)(iii) of this section for employers not covered.)''.
    (1) Safety and health program. The employer shall develop and 
implement a written safety and health program for employees involved in 
hazardous waste operations that shall be available for inspection by 
employees, their representatives and OSHA personnel. The program shall 
be designed to identify, evaluate and control safety and health hazards 
in their facilities for the purpose of employee protection, to provide 
for emergency response meeting the requirements of paragraph (p)(8) of 
this section and to address as appropriate site analysis, engineering 
controls, maximum exposure limits, hazardous waste handling procedures 
and uses of new technologies.
    (2) Hazard communication program. The employer shall implement a 
hazard communication program meeting the requirements of 29 CFR 1926.59 
as part of the employer's safety and program.

    Note to 1926.65: The exemption for hazardous waste provided in Sec.  
1926.59 is applicable to this section.

    (3) Medical surveillance program. The employer shall develop and 
implement a medical surveillance program meeting the requirements of 
paragraph (f) of this section.
    (4) Decontamination program. The employer shall develop and 
implement a decontamination procedure meeting the requirements of 
paragraph (k) of this section.
    (5) New technology program. The employer shall develop and implement 
procedures meeting the requirements of paragraph (o) of this section for 
introducing new and innovative equipment into the workplace.
    (6) Material handling program. Where employees will be handling 
drums or containers, the employer shall develop and implement procedures 
meeting the requirements of paragraphs (j)(1) (ii) through (viii) and 
(xi) of this section, as well as (j)(3) and (j)(8) of this section prior 
to starting such work.
    (7) Training program--(i) New employees. The employer shall develop 
and implement a training program, which is part of the employer's safety 
and health program, for employees exposed to health hazards or hazardous 
substances at TSD operations to enable the employees to perform their 
assigned duties and functions in a safe and healthful manner so as not 
endanger themselves or other employees. The initial training shall be 
for 24 hours and refresher training shall be for eight hours annually. 
Employees who have received the initial training required by this 
paragraph shall be given a written certificate attesting that they have 
successfully completed the necessary training.
    (ii) Current employees. Employers who can show by an employee's 
previous work experience and/or training that the employee has had 
training equivalent to the initial training required by this paragraph, 
shall be considered as meeting the initial training requirements of this 
paragraph as to that employee. Equivalent training includes the training 
that existing employees might have already received from actual site 
work experience. Current employees shall receive eight hours of 
refresher training annually.
    (iii) Trainers. Trainers who teach initial training shall have 
satisfactorily completed a training course for teaching the subjects 
they are expected to teach or they shall have the academic credentials 
and instruction experience necessary to demonstrate a good command of 
the subject matter of the courses and competent instructional skills.
    (8) Emergency response program--(i) Emergency response plan. An 
emergency response plan shall be developed and implemented by all 
employers. Such plans need not duplicate any of the subjects fully 
addressed in the employer's contingency planning required by permits, 
such as those issued by the U.S. Environmental Protection Agency, 
provided that the contingency plan is made part of the emergency 
response plan. The emergency response plan shall be a written portion of 
the employers safety and health program required in paragraph (p)(1) of 
this section. Employers who will evacuate their employees from the 
worksite location when an emergency occurs and who do not permit any of 
their employees to assist in handling the emergency are exempt from the 
requirements of paragraph (p)(8) if they provide an

[[Page 152]]

emergency action plan complying with Sec.  1926.35 of this part.
    (ii) Elements of an emergency response plan. The employer shall 
develop an emergency response plan for emergencies which shall address, 
as a minimum, the following areas to the extent that they are not 
addressed in any specific program required in this paragraph:
    (A) Pre-emergency planning and coordination with outside parties.
    (B) Personnel roles, lines of authority, and communication.
    (C) Emergency recognition and prevention.
    (D) Safe distances and places of refuge.
    (E) Site security and control.
    (F) Evacuation routes and procedures.
    (G) Decontamination procedures.
    (H) Emergency medical treatment and first aid.
    (I) Emergency alerting and response procedures.
    (J) Critique of response and follow-up.
    (K) PPE and emergency equipment.
    (iii) Training. (A) Training for emergency response employees shall 
be completed before they are called upon to perform in real emergencies. 
Such training shall include the elements of the emergency response plan, 
standard operating procedures the employer has established for the job, 
the personal protective equipment to be worn and procedures for handling 
emergency incidents.

Exception #1: An employer need not train all employees to the degree 
specified if the employer divides the work force in a manner such that a 
sufficient number of employees who have responsibility to control 
emergencies have the training specified, and all other employees, who 
may first respond to an emergency incident, have sufficient awareness 
training to recognize that an emergency response situation exists and 
that they are instructed in that case to summon the fully trained 
employees and not attempt control activities for which they are not 
trained.
Exception #2: An employer need not train all employees to the degree 
specified if arrangements have been made in advance for an outside 
fully-trained emergency response team to respond in a reasonable period 
and all employees, who may come to the incident first, have sufficient 
awareness training to recognize that an emergency response situation 
exists and they have been instructed to call the designated outside 
fully-trained emergency response team for assistance.

    (B) Employee members of TSD facility emergency response 
organizations shall be trained to a level of competence in the 
recognition of health and safety hazards to protect themselves and other 
employees. This would include training in the methods used to minimize 
the risk from safety and health hazards; in the safe use of control 
equipment; in the selection and use of appropriate personal protective 
equipment; in the safe operating procedures to be used at the incident 
scene; in the techniques of coordination with other employees to 
minimize risks; in the appropriate response to over exposure from health 
hazards or injury to themselves and other employees; and in the 
recognition of subsequent symptoms which may result from over exposures.
    (C) The employer shall certify that each covered employee has 
attended and successfully completed the training required in paragraph 
(p)(8)(iii) of this section, or shall certify the employee's competency 
at least yearly. The method used to demonstrate competency for 
certification of training shall be recorded and maintained by the 
employer.
    (iv) Procedures for handling emergency incidents. (A) In addition to 
the elements for the emergency response plan required in paragraph 
(p)(8)(ii) of this section, the following elements shall be included for 
emergency response plans to the extent that they do not repeat any 
information already contained in the emergency response plan:
    (1) Site topography, layout, and prevailing weather conditions.
    (2) Procedures for reporting incidents to local, state, and federal 
governmental agencies.
    (B) The emergency response plan shall be compatible and integrated 
with the disaster, fire and/or emergency response plans of local, state, 
and federal agencies.
    (C) The emergency response plan shall be rehearsed regularly as part 
of the overall training program for site operations.

[[Page 153]]

    (D) The site emergency response plan shall be reviewed periodically 
and, as necessary, be amended to keep it current with new or changing 
site conditions or information.
    (E) An employee alarm system shall be installed in accordance with 
29 CFR 1926.159 to notify employees of an emergency situation; to stop 
work activities if necessary; to lower background noise in order to 
speed communication; and to begin emergency procedures.
    (F) Based upon the information available at time of the emergency, 
the employer shall evaluate the incident and the site response 
capabilities and proceed with the appropriate steps to implement the 
site emergency response plan.
    (q) Emerqency response to hazardous substance releases. This 
paragraph covers employers whose employees are engaged in emergency 
response no matter where it occurs except that it does not cover 
employees engaged in operations specified in paragraphs (a)(1)(i) 
through (a)(1)(iv) of this section. Those emergency response 
organizations who have developed and implemented programs equivalent to 
this paragraph for handling releases of hazardous substances pursuant to 
section 303 of the Superfund Amendments and Reauthorization Act of 1986 
(Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 
11003) shall be deemed to have met the requirements of this paragraph.
    (1) Emergency response plan. An emergency response plan shall be 
developed and implemented to handle anticipated emergencies prior to the 
commencement of emergency response operations. The plan shall be in 
writing and available for inspection and copying by employees, their 
representatives and OSHA personnel. Employers who will evacuate their 
employees from the danger area when an emergency occurs, and who do not 
permit any of their employees to assist in handling the emergency, are 
exempt from the requirements of this paragraph if they provide an 
emergency action plan in accordance with Sec.  1926.35 of this part.
    (2) Elements of an emergency response plan. The employer shall 
develop an emergency response plan for emergencies which shall address, 
as a minimum, the following to the extent that they are not addressed 
elsewhere:
    (i) Pre-emergency planning and coordination with outside parties.
    (ii) Personnel roles, lines of authority, training, and 
communication.
    (iii) Emergency recognition and prevention.
    (iv) Safe distances and places of refuge.
    (v) Site security and control.
    (vi) Evacuation routes and procedures.
    (vii) Decontamination.
    (viii) Emergency medical treatment and first aid.
    (ix) Emergency alerting and response procedures.
    (x) Critique of response and follow-up.
    (xi) PPE and emergency equipment.
    (xii) Emergency response organizations may use the local emergency 
response plan or the state emergency response plan or both, as part of 
their emergency response plan to avoid duplication. Those items of the 
emergency response plan that are being properly addressed by the SARA 
Title III plans may be substituted into their emergency plan or 
otherwise kept together for the employer and employee's use.
    (3) Procedures for handlinq emergency response. (i) The senior 
emergency response official responding to an emergency shall become the 
individual in charge of a site-specific Incident Command System (ICS). 
All emergency responders and their communications shall be coordinated 
and controlled through the individual in charge of the ICS assisted by 
the senior official present for each employer.

    Note to (g)(3)(i): The senior official at an emergency response is 
the most senior official on the site who has the responsibility for 
controlling the operations at the site. Initially it is the senior 
officer on the first-due piece of responding emergency apparatus to 
arrive on the incident scene. As more senior officers arrive (i.e., 
battalion chief, fire chief, state law enforcement official, site 
coordinator, etc.) the position is passed up the line of authority which 
has been previously established.


[[Page 154]]


    (ii) The individual in charge of the ICS shall identify, to the 
extent possible, all hazardous substances or conditions present and 
shall address as appropriate site analysis, use of engineering controls, 
maximum exposure limits, hazardous substance handling procedures, and 
use of any new technologies.
    (iii) Based on the hazardous substances and/or conditions present, 
the individual in charge of the ICS shall implement appropriate 
emergency operations, and assure that the personal protective equipment 
worn is appropriate for the hazards to be encountered. However, personal 
protective equipment shall meet, at a minimum, the criteria contained in 
29 CFR 1926.97 when worn while performing fire fighting operations 
beyond the incipient stage for any incident.
    (iv) Employees engaged in emergency response and exposed to 
hazardous substances presenting an inhalation hazard or potential 
inhalation hazard shall wear positive pressure self-contained breathing 
apparatus while engaged in emergency response, until such time that the 
individual in charge of the ICS determines through the use of air 
monitoring that a decreased level of respiratory protection will not 
result in hazardous exposures to employees.
    (v) The individual in charge of the ICS shall limit the number of 
emergency response personnel at the emergency site, in those areas of 
potential or actual exposure to incident or site hazards, to those who 
are actively performing emergency operations. However, operations in 
hazardous areas shall be performed using the buddy system in groups of 
two or more.
    (vi) Back-up personnel shall stand by with equipment ready to 
provide assistance or rescue. Advance first aid support personnel, as a 
minimum, shall also stand by with medical equipment and transportation 
capability.
    (vii) The individual in charge of the ICS shall designate a safety 
official, who is knowledgable in the operations being implemented at the 
emergency response site, with specific responsibility to identify and 
evaluate hazards and to provide direction with respect to the safety of 
operations for the emergency at hand.
    (viii) When activities are judged by the safety official to be an 
IDLH condition and/or to involve an imminent danger condition, the 
safety official shall have the authority to alter, suspend, or terminate 
those activities. The safety official shall immediately inform the 
individual in charge of the ICS of any actions needed to be taken to 
correct these hazards at the emergency scene.
    (ix) After emergency operations have terminated, the individual in 
charge of the ICS shall implement appropriate decontamination 
procedures.
    (x) When deemed necessary for meeting the tasks at hand, approved 
self-contained compressed air breathing apparatus may be used with 
approved cylinders from other approved self-contained compressed air 
breathing apparatus provided that such cylinders are of the same 
capacity and pressure rating. All compressed air cylinders used with 
self-contained breathing apparatus shall meet U.S. Department of 
Transportation and National Institute for Occupational Safety and Health 
criteria.
    (4) Skilled support personnel. Personnel, not necessarily an 
employer's own employees, who are skilled in the operation of certain 
equipment, such as mechanized earth moving or digging equipment or crane 
and hoisting equipment, and who are needed temporarily to perform 
immediate emergency support work that cannot reasonably be performed in 
a timely fashion by an employer's own employees, and who will be or may 
be exposed to the hazards at an emergency response scene, are not 
required to meet the training required in this paragraph for the 
employer's regular employees. However, these personnel shall be given an 
initial briefing at the site prior to their participation in any 
emergency response. The initial briefing shall include instruction in 
the wearing of appropriate personal protective equipment, what chemical 
hazards are involved, and what duties are to be performed. All other 
appropriate safety and health precautions provided to the employer's own 
employees shall be used to assure the safety and health of these 
personnel.

[[Page 155]]

    (5) Specialist employees. Employees who, in the course of their 
regular job duties, work with and are trained in the hazards of specific 
hazardous substances, and who will be called upon to provide technical 
advice or assistance at a hazardous substance release incident to the 
individual in charge, shall receive training or demonstrate competency 
in the area of their specialization annually.
    (6) Training. Training shall be based on the duties and function to 
be performed by each responder of an emergency response organization. 
The skill and knowledge levels required for all new responders, those 
hired after the effective date of this standard, shall be conveyed to 
them through training before they are permitted to take part in actual 
emergency operations on an incident. Employees who participate, or are 
expected to participate, in emergency response, shall be given training 
in accordance with the following paragraphs:
    (i) First responder awareness level. First responders at the 
awareness level are individuals who are likely to witness or discover a 
hazardous substance release and who have been trained to initiate an 
emergency response sequence by notifying the proper authorities of the 
release. They would take no further action beyond notifying the 
authorities of the release. First responders at the awareness level 
shall have sufficient training or have had sufficient experience to 
objectively demonstrate competency in the following areas:
    (A) An understanding of what hazardous substances are, and the risks 
associated with them in an incident.
    (B) An understanding of the potential outcomes associated with an 
emergency created when hazardous substances are present.
    (C) The ability to recognize the presence of hazardous substances in 
an emergency.
    (D) The ability to identify the hazardous substances, if possible.
    (E) An understanding of the role of the first responder awareness 
individual in the employer's emergency response plan including site 
security and control and the U.S. Department of Transportation's 
Emergency Response Guidebook.
    (F) The ability to realize the need for additional resources, and to 
make appropriate notifications to the communication center.
    (ii) First responder operations level. First responders at the 
operations level are individuals who respond to releases or potential 
releases of hazardous substances as part of the initial response to the 
site for the purpose of protecting nearby persons, property, or the 
environment from the effects of the release. They are trained to respond 
in a defensive fashion without actually trying to stop the release. 
Their function is to contain the release from a safe distance, keep it 
from spreading, and prevent exposures. First responders at the 
operational level shall have received at least eight hours of training 
or have had sufficient experience to objectively demonstrate competency 
in the following areas in addition to those listed for the awareness 
level and the employer shall so certify:
    (A) Knowledge of the basic hazard and risk assessment techniques.
    (B) Know how to select and use proper personal protective equipment 
provided to the first responder operational level.
    (C) An understanding of basic hazardous materials terms.
    (D) Know how to perform basic control, containment and/or 
confinement operations within the capabilities of the resources and 
personal protective equipment available with their unit.
    (E) Know how to implement basic decontamination procedures.
    (F) An understanding of the relevant standard operating procedures 
and termination procedures.
    (iii) Hazardous materials technician. Hazardous materials 
technicians are individuals who respond to releases or potential 
releases for the purpose of stopping the release. They assume a more 
aggressive role than a first responder at the operations level in that 
they will approach the point of release in order to plug, patch or 
otherwise stop the release of a hazardous substance. Hazardous materials 
technicians shall have received at least 24

[[Page 156]]

hours of training equal to the first responder operations level and in 
addition have competency in the following areas and the employer shall 
so certify:
    (A) Know how to implement the employer's emergency response plan.
    (B) Know the classification, identification and verification of 
known and unknown materials by using field survey instruments and 
equipment.
    (C) Be able to function within an assigned role in the Incident 
Command System.
    (D) Know how to select and use proper specialized chemical personal 
protective equipment provided to the hazardous materials technician.
    (E) Understand hazard and risk assessment techniques.
    (F) Be able to perform advance control, containment, and/or 
confinement operations within the capabilities of the resources and 
personal protective equipment available with the unit.
    (G) Understand and implement decontamination procedures.
    (H) Understand termination procedures.
    (I) Understand basic chemical and toxicological terminology and 
behavior.
    (iv) Hazardous materials specialist. Hazardous materials specialists 
are individuals who respond with and provide support to hazardous 
materials technicians. Their duties parallel those of the hazardous 
materials technician, however, those duties require a more directed or 
specific knowledge of the various substances they may be called upon to 
contain. The hazardous materials specialist would also act as the site 
liaison with Federal, state, local and other government authorities in 
regards to site activities. Hazardous materials specialists shall have 
received at least 24 hours of training equal to the technician level and 
in addition have competency in the following areas and the employer 
shall so certify:
    (A) Know how to implement the local emergency response plan.
    (B) Understand classification, identification and verification of 
known and unknown materials by using advanced survey instruments and 
equipment.
    (C) Know of the state emergency response plan.
    (D) Be able to select and use proper specialized chemical personal 
protective equipment provided to the hazardous materials specialist.
    (E) Understand in-depth hazard and risk techniques.
    (F) Be able to perform specialized control, containment, and/or 
confinement operations within the capabilities of the resources and 
personal protective equipment available.
    (G) Be able to determine and implement decontamination procedures.
    (H) Have the ability to develop a site safety and control plan.
    (I) Understand chemical, radiological and toxicological terminology 
and behavior.
    (v) On scene incident commander. Incident commanders, who will 
assume control of the incident scene beyond the first responder 
awareness level, shall receive at least 24 hours of training equal to 
the first responder operations level and in addition have competency in 
the following areas and the employer shall so certify:
    (A) Know and be able to implement the employer's incident command 
system.
    (B) Know how to implement the employer's emergency response plan.
    (C) Know and understand the hazards and risks associated with 
employees working in chemical protective clothing.
    (D) Know how to implement the local emergency response plan.
    (E) Know of the state emergency response plan and of the Federal 
Regional Response Team.
    (F) Know and understand the importance of decontamination 
procedures.
    (7) Trainers. Trainers who teach any of the above training subjects 
shall have satisfactorily completed a training course for teaching the 
subjects they are expected to teach, such as the courses offered by the 
U.S. National Fire Academy, or they shall have the training and/or 
academic credentials and instructional experience necessary to 
demonstrate competent instructional skills and a good command of the 
subject matter of the courses they are to teach.
    (8) Refresher training. (i) Those employees who are trained in 
accordance with paragraph (q)(6) of this section

[[Page 157]]

shall receive annual refresher training of sufficient content and 
duration to maintain their competencies, or shall demonstrate competency 
in those areas at least yearly.
    (ii) A statement shall be made of the training or competency, and if 
a statement of competency is made, the employer shall keep a record of 
the methodology used to demonstrate competency.
    (9) Medical surveillance and consultation. (i) Members of an 
organized and designated HAZMAT team and hazardous materials specialists 
shall receive a baseline physical examination and be provided with 
medical surveillance as required in paragraph (f) of this section.
    (ii) Any emergency response employees who exhibits signs or symptoms 
which may have resulted from exposure to hazardous substances during the 
course of an emergency incident, either immediately or subsequently, 
shall be provided with medical consultation as required in paragraph 
(f)(3)(ii) of this section.
    (10) Chemical protective clothing. Chemical protective clothing and 
equipment to be used by organized and designated HAZMAT team members, or 
to be used by hazardous materials specialists, shall meet the 
requirements of paragraphs (g) (3) through (5) of this section.
    (11) Post-emergency response operations. Upon completion of the 
emergency response, if it is determined that it is necessary to remove 
hazardous substances, health hazards, and materials contaminated with 
them (such as contaminated soil or other elements of the natural 
environment) from the site of the incident, the employer conducting the 
clean-up shall comply with one of the following:
    (i) Meet all of the requirements of paragraphs (b) through (o) of 
this section; or
    (ii) Where the clean-up is done on plant property using plant or 
workplace employees, such employees shall have completed the training 
requirements of the following: 29 CFR 1926.35, 1926.59, and 1926.103, 
and other appropriate safety and health training made necessary by the 
tasks that they are expected to be performed such as personal protective 
equipment and decontamination procedures. All equipment to be used in 
the performance of the clean-up work shall be in serviceable condition 
and shall have been inspected prior to use.

 Appendices to Sec.  1926.65--Hazardous Waste Operations and Emergency 
                                Response

    Note: The following appendices serve as non-mandatory guidelines to 
assist employees and employers in complying with the appropriate 
requirements of this section. However Sec.  1926.65(g) makes mandatory 
in certain circumstances the use of Level A and Level B PPE protection.

 Appendix A to Sec.  1926.65--Personal Protective Equipment Test Methods

    This appendix sets forth the non-mandatory examples of tests which 
may be used to evaluate compliance with Sec.  1926.65(g)(4) (ii) and 
(iii). Other tests and other challenge agents may be used to evaluate 
compliance.

     A. Totally-encapsulating chemical protective suit pressure test

    1.0--Scope
    1.1 This practice measures the ability of a gas tight totally-
encapsulating chemical protective suit material, seams, and closures to 
maintain a fixed positive pressure. The results of this practice allow 
the gas tight integrity of a totally-encapsulating chemical protective 
suit to be evaluated.
    1.2 Resistance of the suit materials to permeation, penetration, and 
degradation by specific hazardous substances is not determined by this 
test method.
    2.0--Definition of terms
    2.1 Totally-encapsulated chemical protective suit (TECP suit) means 
a full body garment which is constructed of protective clothing 
materials; covers the wearer's torso, head, arms, legs and respirator; 
may cover the wearer's hands and feet with tightly attached gloves and 
boots; completely encloses the wearer and respirator by itself or in 
combination with the wearer's gloves and boots.
    2.2 Protective clothing material means any material or combination 
of materials used in an item of clothing for the purpose of isolating 
parts of the body from direct contact with a potentially hazardous 
liquid or gaseous chemicals.
    2.3 Gas tight means, for the purpose of this test method, the 
limited flow of a gas under pressure from the inside of a TECP suit to 
atmosphere at a prescribed pressure and time interval.
    3.0--Summary of test method
    3.1 The TECP suit is visually inspected and modified for the test. 
The test apparatus is attached to the suit to permit inflation to

[[Page 158]]

the pre-test suit expansion pressure for removal of suit wrinkles and 
creases. The pressure is lowered to the test pressure and monitored for 
three minutes. If the pressure drop is excessive, the TECP suit fails 
the test and is removed from service. The test is repeated after leak 
location and repair.
    4.0--Required Supplies
    4.1 Source of compressed air.
    4.2 Test apparatus for suit testing, including a pressure 
measurement device with a sensitivity of at least \1/4\ inch water 
gauge.
    4.3 Vent valve closure plugs or sealing tape.
    4.4 Soapy water solution and soft brush.
    4.5 Stop watch or appropriate timing device.
    5.0--Safety Precautions
    5.1 Care shall be taken to provide the correct pressure safety 
devices required for the source of compressed air used.
    6.0--Test Procedure
    6.1 Prior to each test, the tester shall perform a visual inspection 
of the suit. Check the suit for seam integrity by visually examining the 
seams and gently pulling on the seams. Ensure that all air supply lines, 
fittings, visor, zippers, and valves are secure and show no signs of 
deterioration.
    6.1.1 Seal off the vent valves along with any other normal inlet or 
exhaust points (such as umbilical air line fittings or face piece 
opening) with tape or other appropriate means (caps, plugs, fixture, 
etc.). Care should be exercised in the sealing process not to damage any 
of the suit components.
    6.1.2 Close all closure assemblies.
    6.1.3 Prepare the suit for inflation by providing an improvised 
connection point on the suit for connecting an airline. Attach the 
pressure test apparatus to the suit to permit suit inflation from a 
compressed air source equipped with a pressure indicating regulator. The 
leak tightness of the pressure test apparatus should be tested before 
and after each test by closing off the end of the tubing attached to the 
suit and assuring a pressure of three inches water gauge for three 
minutes can be maintained. If a component is removed for the test, that 
component shall be replaced and a second test conducted with another 
component removed to permit a complete test of the ensemble.
    6.1.4 The pre-test expansion pressure (A) and the suit test pressure 
(B) shall be supplied by the suit manufacturer, but in no case shall 
they be less than: (A)=three inches water gauge; and (B)=two inches 
water gauge. The ending suit pressure (C) shall be no less than 80 
percent of the test pressure (B); i.e., the pressure drop shall not 
exceed 20 percent of the test pressure (B).
    6.1.5 Inflate the suit until the pressure inside is equal to 
pressure (A), the pre-test expansion suit pressure. Allow at least one 
minute to fill out the wrinkles in the suit. Release sufficient air to 
reduce the suit pressure to pressure (B), the suit test pressure. Begin 
timing. At the end of three minutes, record the suit pressure as 
pressure (C), the ending suit pressure. The difference between the suit 
test pressure and the ending suit test pressure (B-C) shall be defined 
as the suit pressure drop.
    6.1.6 If the suit pressure drop is more than 20 percent of the suit 
test pressure (B) during the three-minute test period, the suit fails 
the test and shall be removed from service.
    7.0--Retest Procedure
    7.1 If the suit fails the test check for leaks by inflating the suit 
to pressure (A) and brushing or wiping the entire suit (including seams, 
closures, lens gaskets, glove-to-sleeve joints, etc.) with a mild soap 
and water solution. Observe the suit for the formation of soap bubbles, 
which is an indication of a leak. Repair all identified leaks.
    7.2 Retest the TECP suit as outlined in Test procedure 6.0.
    8.0--Report
    8.1 Each TECP suit tested by this practice shall have the following 
information recorded:
    8.1.1 Unique identification number, identifying brand name, date of 
purchase, material of construction, and unique fit features, e.g., 
special breathing apparatus.
    8.1.2 The actual values for test pressures (A), (B), and (C) shall 
be recorded along with the specific observation times. If the ending 
pressure (C) is less than 80 percent of the test pressure (B), the suit 
shall be identified as failing the test. When possible, the specific 
leak location shall be identified in the test records. Retest pressure 
data shall be recorded as an additional test.
    8.1.3 The source of the test apparatus used shall be identified and 
the sensitivity of the pressure gauge shall be recorded.
    8.1.4 Records shall be kept for each pressure test even if repairs 
are being made at the test location.

                                 CAUTION

    Visually inspect all parts of the suit to be sure they are 
positioned correctly and secured tightly before putting the suit back 
into service. Special care should be taken to examine each exhaust valve 
to make sure it is not blocked.
    Care should also be exercised to assure that the inside and outside 
of the suit is completely dry before it is put into storage.

 B. Totally-encapsulating chemical protective suit qualitative leak test

    1.0--Scope
    1.1 This practice semi-qualitatively tests gas tight totally-
encapsulating chemical protective suit integrity by detecting inward 
leakage of ammonia vapor. Since no modifications are made to the suit to 
carry out

[[Page 159]]

this test, the results from this practice provide a realistic test for 
the integrity of the entire suit.
    1.2 Resistance of the suit materials to permeation, penetration, and 
degradation is not determined by this test method. ASTM test methods are 
available to test suit materials for these characteristics and the tests 
are usually conducted by the manufacturers of the suits.
    2.0--Definition of terms
    2.1 Totally-encapsulated chemical protective suit (TECP suit) means 
a full body garment which is constructed of protective clothing 
materials; covers the wearer's torso, head, arms, legs and respirator; 
may cover the wearer's hands and feet with tightly attached gloves and 
boots; completely encloses the wearer and respirator by itself or in 
combination with the wearer's gloves, and boots.
    2.2 Protective clothing material means any material or combination 
of materials used in an item of clothing for the purpose of isolating 
parts of the body from direct contact with a potentially hazardous 
liquid or gaseous chemicals.
    2.3 Gas tight means, for the purpose of this test method, the 
limited flow of a gas under pressure from the inside of a TECP suit to 
atmosphere at a prescribed pressure and time interval.
    2.4 Intrusion Coefficient means a number expressing the level of 
protection provided by a gas tight totally-encapsulating chemical 
protective suit. The intrusion coefficient is calculated by dividing the 
test room challenge agent concentration by the concentration of 
challenge agent found inside the suit. The accuracy of the intrusion 
coefficient is dependent on the challenge agent monitoring methods. The 
larger the intrusion coefficient the greater the protection provided by 
the TECP suit.
    3.0--Summary of recommended practice
    3.1 The volume of concentrated aqueous ammonia solution (ammonia 
hydroxide NH4 OH) required to generate the test atmosphere is 
determined using the directions outlined in 6.1. The suit is donned by a 
person wearing the appropriate respiratory equipment (either a positive 
pressure self-contained breathing apparatus or a positive pressure 
supplied air respirator) and worn inside the enclosed test room. The 
concentrated aqueous ammonia solution is taken by the suited individual 
into the test room and poured into an open plastic pan. A two-minute 
evaporation period is observed before the test room concentration is 
measured, using a high range ammonia length of stain detector tube. When 
the ammonia vapor reaches a concentration of between 1000 and 1200 ppm, 
the suited individual starts a standardized exercise protocol to stress 
and flex the suit. After this protocol is completed, the test room 
concentration is measured again. The suited individual exits the test 
room and his stand-by person measures the ammonia concentration inside 
the suit using a low range ammonia length of stain detector tube or 
other more sensitive ammonia detector. A stand-by person is required to 
observe the test individual during the test procedure; aid the person in 
donning and doffing the TECP suit; and monitor the suit interior. The 
intrusion coefficient of the suit can be calculated by dividing the 
average test area concentration by the interior suit concentration. A 
colorimetric ammonia indicator strip of bromophenol blue or equivalent 
is placed on the inside of the suit face piece lens so that the suited 
individual is able to detect a color change and know if the suit has a 
significant leak. If a color change is observed the individual shall 
leave the test room immediately.
    4.0--Required supplies
    4.1 A supply of concentrated aqueous ammonium hydroxide (58% by 
weight).
    4.2 A supply of bromophenol/blue indicating paper or equivalent, 
sensitive to 5-10 ppm ammonia or greater over a two-minute period of 
exposure. [pH 3.0 (yellow) to pH 4.6 (blue)]
    4.3 A supply of high range (0.5-10 volume percent) and low range (5-
700 ppm) detector tubes for ammonia and the corresponding sampling pump. 
More sensitive ammonia detectors can be substituted for the low range 
detector tubes to improve the sensitivity of this practice.
    4.4 A shallow plastic pan (PVC) at least 
12:14:1 and a half pint plastic 
container (PVC) with tightly closing lid.
    4.5 A graduated cylinder or other volumetric measuring device of at 
least 50 milliliters in volume with an accuracy of at least 1 milliliters.

                         5.0--Safety precautions

    5.1 Concentrated aqueous ammonium hydroxide, NH4 OH, is a 
corrosive volatile liquid requiring eye, skin, and respiratory 
protection. The person conducting the test shall review the MSDS for 
aqueous ammonia.
    5.2 Since the established permissible exposure limit for ammonia is 
35 ppm as a 15 minute STEL, only persons wearing a positive pressure 
self-contained breathing apparatus or a positive pressure supplied air 
respirator shall be in the chamber. Normally only the person wearing the 
totally-encapsulating suit will be inside the chamber. A stand-by person 
shall have a positive pressure self-contained breathing apparatus, or a 
positive pressure supplied air respirator available to enter the test 
area should the suited individual need assistance.
    5.3 A method to monitor the suited individual must be used during 
this test. Visual contact is the simplest but other methods using 
communication devices are acceptable.
    5.4 The test room shall be large enough to allow the exercise 
protocol to be carried out

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and then to be ventilated to allow for easy exhaust of the ammonia test 
atmosphere after the test(s) are completed.
    5.5 Individuals shall be medically screened for the use of 
respiratory protection and checked for allergies to ammonia before 
participating in this test procedure.

                           6.0--Test procedure

    6.1.1 Measure the test area to the nearest foot and calculate its 
volume in cubic feet. Multiply the test area volume by 0.2 milliliters 
of concentrated aqueous ammonia solution per cubic foot of test area 
volume to determine the approximate volume of concentrated aqueous 
ammonia required to generate 1000 ppm in the test area.
    6.1.2 Measure this volume from the supply of concentrated aqueous 
ammonia and place it into a closed plastic container.
    6.1.3 Place the container, several high range ammonia detector 
tubes, and the pump in the clean test pan and locate it near the test 
area entry door so that the suited individual has easy access to these 
supplies.
    6.2.1 In a non-contaminated atmosphere, open a pre-sealed ammonia 
indicator strip and fasten one end of the strip to the inside of the 
suit face shield lens where it can be seen by the wearer. Moisten the 
indicator strip with distilled water. Care shall be taken not to 
contaminate the detector part of the indicator paper by touching it. A 
small piece of masking tape or equivalent should be used to attach the 
indicator strip to the interior of the suit face shield.
    6.2.2 If problems are encountered with this method of attachment, 
the indicator strip can be attached to the outside of the respirator 
face piece lens being used during the test.
    6.3 Don the respiratory protective device normally used with the 
suit, and then don the TECP suit to be tested. Check to be sure all 
openings which are intended to be sealed (zippers, gloves, etc.) are 
completely sealed. DO NOT, however, plug off any venting valves.
    6.4 Step into the enclosed test room such as a closet, bathroom, or 
test booth, equipped with an exhaust fan. No air should be exhausted 
from the chamber during the test because this will dilute the ammonia 
challenge concentrations.
    6.5 Open the container with the pre-measured volume of concentrated 
aqueous ammonia within the enclosed test room, and pour the liquid into 
the empty plastic test pan. Wait two minutes to allow for adequate 
volatilization of the concentrated aqueous ammonia. A small mixing fan 
can be used near the evaporation pan to increase the evaporation rate of 
the ammonia solution.
    6.6 After two minutes a determination of the ammonia concentration 
within the chamber should be made using the high range colorimetric 
detector tube. A concentration of 1000 ppm ammonia or greater shall be 
generated before the exercises are started.
    6.7 To test the integrity of the suit the following four minute 
exercise protocol should be followed:
    6.7.1 Raising the arms above the head with at least 15 raising 
motions completed in one minute.
    6.7.2 Walking in place for one minute with at least 15 raising 
motions of each leg in a one-minute period.
    6.7.3 Touching the toes with a least 10 complete motions of the arms 
from above the head to touching of the toes in a one-minute period.
    6.7.4 Knee bends with at least 10 complete standing and squatting 
motions in a one-minute period.
    6.8 If at any time during the test the colorimetric indicating paper 
should change colors, the test should be stopped and section 6.10 and 
6.12 initiated (See ]4.2).
    6.9 After completion of the test exercise, the test area 
concentration should be measured again using the high range colorimetric 
detector tube.
    6.10 Exit the test area.
    6.11 The opening created by the suit zipper or other appropriate 
suit penetration should be used to determine the ammonia concentration 
in the suit with the low range length of stain detector tube or other 
ammonia monitor. The internal TECP suit air should be sampled far enough 
from the enclosed test area to prevent a false ammonia reading.
    6.12 After completion of the measurement of the suit interior 
ammonia concentration the test is concluded and the suit is doffed and 
the respirator removed.
    6.13 The ventilating fan for the test room should be turned on and 
allowed to run for enough time to remove the ammonia gas. The fan shall 
be vented to the outside of the building.
    6.14 Any detectable ammonia in the suit interior (five ppm ammonia 
(NH3) or more for the length of stain detector tube) 
indicates that the suit has failed the test. When other ammonia 
detectors are used a lower level of detection is possible, and it should 
be specified as the pass/fail criteria.
    6.15 By following this test method, an intrusion coefficient of 
approximately 200 or more can be measured with the suit in a completely 
operational condition. If the intrusion coefficient is 200 or more, then 
the suit is suitable for emergency response and field use.

                         7.0--Retest procedures

    7.1 If the suit fails this test, check for leaks by following the 
pressure test in test A above.
    7.2 Retest the TECP suit as outlined in the test procedure 6.0.

[[Page 161]]

                               8.0--Report

    8.1 Each gas tight totally-encapsulating chemical protective suit 
tested by this practice shall have the following information recorded.
    8.1.1 Unique identification number, identifying brand name, date of 
purchase, material of construction, and unique suit features; e.g., 
special breathing apparatus.
    8.1.2 General description of test room used for test.
    8.1.3 Brand name and purchase date of ammonia detector strips and 
color change data.
    8.1.4 Brand name, sampling range, and expiration date of the length 
of stain ammonia detector tubes. The brand name and model of the 
sampling pump should also be recorded. If another type of ammonia 
detector is used, it should be identified along with its minimum 
detection limit for ammonia.
    8.1.5 Actual test results shall list the two test area 
concentrations, their average, the interior suit concentration, and the 
calculated intrusion coefficient. Retest data shall be recorded as an 
additional test.
    8.2 The evaluation of the data shall be specified as ``suit passed'' 
or ``suit failed,'' and the date of the test. Any detectable ammonia 
(five ppm or greater for the length of stain detector tube) in the suit 
interior indicates the suit has failed this test. When other ammonia 
detectors are used, a lower level of detection is possible and it should 
be specified as the pass fail criteria.

                                 CAUTION

    Visually inspect all parts of the suit to be sure they are 
positioned correctly and secured tightly before putting the suit back 
into service. Special care should be taken to examine each exhaust valve 
to make sure it is not blocked.
    Care should also be exercised to assure that the inside and outside 
of the suit is completely dry before it is put into storage.

 Appendix B to Sec.  1926.65--General Description and Discussion of the 
                Levels of Protection and Protective Gear

    This appendix sets forth information about personal protective 
equipment (PPE) protection levels which may be used to assist employers 
in complying with the PPE requirements of this section.
    As required by the standard, PPE must be selected which will protect 
employees from the specific hazards which they are likely to encounter 
during their work on-site.
    Selection of the appropriate PPE is a complex process which should 
take into consideration a variety of factors. Key factors involved in 
this process are identification of the hazards, or suspected hazards; 
their routes of potential hazard to employees (inhalation, skin 
absorption, ingestion, and eye or skin contact); and the performance of 
the PPE materials (and seams) in providing a barrier to these hazards. 
The amount of protection provided by PPE is material-hazard specific. 
That is, protective equipment materials will protect well against some 
hazardous substances and poorly, or not at all, against others. In many 
instances, protective equipment materials cannot be found which will 
provide continuous protection from the particular hazardous substance. 
In these cases the breakthrough time of the protective material should 
exceed the work durations.
    Other factors in this selection process to be considered are 
matching the PPE to the employee's work requirements and task-specific 
conditions. The durability of PPE materials, such as tear strength and 
seam strength, should be considered in relation to the employee's tasks. 
The effects of PPE in relation to heat stress and task duration are a 
factor in selecting and using PPE. In some cases layers of PPE may be 
necessary to provide sufficient protection, or to protect expensive PPE 
inner garments, suits or equipment.
    The more that is known about the hazards at the site, the easier the 
job of PPE selection becomes. As more information about the hazards and 
conditions at the site becomes available, the site supervisor can make 
decisions to up-grade or down-grade the level of PPE protection to match 
the tasks at hand.
    The following are guidelines which an employer can use to begin the 
selection of the appropriate PPE. As noted above, the site information 
may suggest the use of combinations of PPE selected from the different 
protection levels (i.e., A, B, C, or D) as being more suitable to the 
hazards of the work. It should be cautioned that the listing below does 
not fully address the performance of the specific PPE material in 
relation to the specific hazards at the job site, and that PPE 
selection, evaluation and re-selection is an ongoing process until 
sufficient information about the hazards and PPE performance is 
obtained.
    Part A. Personal protective equipment is divided into four 
categories based on the degree of protection afforded. (See Part B of 
this appendix for further explanation of Levels A, B, C, and D hazards.)
    I. Level A-- To be selected when the greatest level of skin, 
respiratory, and eye protection is required.
    The following constitute Level A equipment; it may be used as 
appropriate;
    1. Positive pressure, full face-piece self-contained breathing 
apparatus (SCBA), or positive pressure supplied air respirator with 
escape SCBA, approved by the National Institute for Occupational Safety 
and Health (NIOSH).

[[Page 162]]

    2. Totally-encapsulating chemical-protective suit.
    3. Coveralls.\1\
    4. Long underwear.\1\
    5. Gloves, outer, chemical-resistant.
    6. Gloves, inner, chemical-resistant.
    7. Boots, chemical-resistant, steel toe and shank.
    8. Hard hat (under suit).\1\
    9. Disposable protective suit, gloves and boots (depending on suit 
construction, may be worn over totally-encapsulating suit).
    II. Level B--The highest level of respiratory protection is 
necessary but a lesser level of skin protection is needed.
    The following constitute Level B equipment; it may be used as 
appropriate.
    1. Positive pressure, full-facepiece self-contained breathing 
apparatus (SCBA), or positive pressure supplied air respirator with 
escape SCBA (NIOSH approved).
    2. Hooded chemical-resistant clothing (overalls and long-sleeved 
jacket; coveralls; one or two-piece chemical-splash suit; disposable 
chemical-resistant overalls).
    3. Coveralls. \1\
    4. Gloves, outer, chemical-resistant.
    5. Gloves, inner, chemical-resistant.
    6. Boots, outer, chemical-resistant steel toe and shank.
    7. Boot-covers, outer, chemical-resistant (disposable).\1\
    8. Hard hat. \1\
    9. [Reserved]
    10. Face shield. \1\
    III. Level C--The concentration(s) and type(s) of airborne 
substance(s) is known and the criteria for using air purifying 
respirators are met.
    The following constitute Level C equipment; it may be used as 
appropriate.
    1. Full-face or half-mask, air purifying respirators (NIOSH 
approved).
    2. Hooded chemical-resistant clothing (overalls; two-piece chemical-
splash suit; disposable chemical-resistant overalls).
    3. Coveralls. \1\
---------------------------------------------------------------------------

    \1\ Optional, as applicable.
---------------------------------------------------------------------------

    4. Gloves, outer, chemical-resistant.
    5. Gloves, inner, chemical-resistant.
    6. Boots (outer), chemical-resistant steel toe and shank. \1\
    7. Boot-covers, outer, chemical-resistant (disposable) \1\.
    8. Hard hat. \1\
    9. Escape mask. \1\
    10. Face shield. \1\
    IV. Level D--A work uniform affording minimal protection, used for 
nuisance contamination only.
    The following constitute Level D equipment; it may be used as 
appropriate:
    1. Coveralls.
    2. Gloves. \1\
    3. Boots/shoes, chemical-resistant steel toe and shank.
    4. Boots, outer, chemical-resistant (disposable). \1\
    5. Safety glasses or chemical splash goggles*.
    6. Hard hat. \1\
    7. Escape mask. \1\
    8. Face shield. \1\
    Part B. The types of hazards for which levels A, B, C, and D 
protection are appropriate are described below:
    I. Level A--Level A protection should be used when:
    1. The hazardous substance has been identified and requires the 
highest level of protection for skin, eyes, and the respiratory system 
based on either the measured (or potential for) high concentration of 
atmospheric vapors, gases, or particulates; or the site operations and 
work functions involve a high potential for splash, immersion, or 
exposure to unexpected vapors, gases, or particulates of materials that 
are harmful to skin or capable of being absorbed through the skin;
    2. Substances with a high degree of hazard to the skin are known or 
suspected to be present, and skin contact is possible; or
    3. Operations are being conducted in confined, poorly ventilated 
areas, and the absence of conditions requiring Level A have not yet been 
determined.
    II. Level B--Level B protection should be used when:
    1. The type and atmospheric concentration of substances have been 
identified and require a high level of respiratory protection, but less 
skin protection;
    2. The atmosphere contains less than 19.5 percent oxygen; or
    3. The presence of incompletely identified vapors or gases is 
indicated by a direct-reading organic vapor detection instrument, but 
vapors and gases are not suspected of containing high levels of 
chemicals harmful to skin or capable of being absorbed through the skin.

    Note: This involves atmospheres with IDLH concentrations of specific 
substances that present severe inhalation hazards and that do not 
represent a severe skin hazard; or that do not meet the criteria for use 
of air-purifying respirators.

    III. Level C--Level C protection should be used when:
    1. The atmospheric contaminants, liquid splashes, or other direct 
contact will not adversely affect or be absorbed through any exposed 
skin;
    2. The types of air contaminants have been identified, 
concentrations measured, and an air-purifying respirator is available 
that can remove the contaminants; and
    3. All criteria for the use of air-purifying respirators are met.
    IV. Level D--Level D protection should be used when:

[[Page 163]]

    1. The atmosphere contains no known hazard; and
    2. Work functions preclude splashes, immersion, or the potential for 
unexpected inhalation of or contact with hazardous levels of any 
chemicals.

    Note: As stated before, combinations of personal protective 
equipment other than those described for Levels A, B, C, and D 
protection may be more appropriate and may be used to provide the proper 
level of protection.
    As an aid in selecting suitable chemical protective clothing, it 
should be noted that the National Fire Protection Association (NFPA) has 
developed standards on chemical protective clothing. The standards that 
have been adopted by include:
    NFPA 1991--Standard on Vapor-Protective Suits for Hazardous Chemical 
Emergencies (EPA Level A Protective Clothing).
    NFPA 1992--Standard on Liquid Splash-Protective Suits for Hazardous 
Chemical Emergencies (EPA Level B Protective Clothing).
    NFPA 1993--Standard on Liquid Splash-Protective Suits for Non-
emergency, Non-flammable Hazardous Chemical Situations (EPA Level B 
Protective Clothing).
    These standards apply documentation and performance requirements to 
the manufacture of chemical protective suits. Chemical protective suits 
meeting these requirements are labelled as compliant with the 
appropriate standard. It is recommended that chemical protective suits 
that meet these standards be used.

           Appendix C to Sec.  1926.65--Compliance Guidelines

    1. Occupational Safety and Health Program. Each hazardous waste site 
clean-up effort will require an occupational safety and health program 
headed by the site coordinator or the employer's representative. The 
purpose of the program will be the protection of employees at the site 
and will be an extension of the employer's overall safety and health 
program. The program will need to be developed before work begins on the 
site and implemented as work proceeds as stated in paragraph (b). The 
program is to facilitate coordination and communication of safety and 
health issues among personnel responsible for the various activities 
which will take place at the site. It will provide the overall means for 
planning and implementing the needed safety and health training and job 
orientation of employees who will be working at the site. The program 
will provide the means for identifying and controlling worksite hazards 
and the means for monitoring program effectiveness. The program will 
need to cover the responsibilities and authority of the site coordinator 
or the employer's manager on the site for the safety and health of 
employees at the site, and the relationships with contractors or support 
services as to what each employer's safety and health responsibilities 
are for their employees on the site. Each contractor on the site needs 
to have its own safety and health program so structured that it will 
smoothly interface with the program of the site coordinator or principal 
contractor.
    Also those employers involved with treating, storing or disposal of 
hazardous waste as covered in paragraph (p) must have implemented a 
safety and health program for their employees. This program is to 
include the hazard communication program required in paragraph (p)(1) 
and the training required in paragraphs (p)(7) and (p)(8) as parts of 
the employers comprehensive overall safety and health program. This 
program is to be in writing.
    Each site or workplace safety and health program will need to 
include the following: (1) Policy statements of the line of authority 
and accountability for implementing the program, the objectives of the 
program and the role of the site safety and health supervisor or manager 
and staff; (2) means or methods for the development of procedures for 
identifying and controlling workplace hazards at the site; (3) means or 
methods for the development and communication to employees of the 
various plans, work rules, standard operating procedures and practices 
that pertain to individual employees and supervisors; (4) means for the 
training of supervisors and employees to develop the needed skills and 
knowledge to perform their work in a safe and healthful manner; (5) 
means to anticipate and prepare for emergency situations; and (6) means 
for obtaining information feedback to aid in evaluating the program and 
for improving the effectiveness of the program. The management and 
employees should be trying continually to improve the effectiveness of 
the program thereby enhancing the protection being afforded those 
working on the site.
    Accidents on the site or workplace should be investigated to provide 
information on how such occurrences can be avoided in the future. When 
injuries or illnesses occur on the site or workplace, they will need to 
be investigated to determine what needs to be done to prevent this 
incident from occurring again. Such information will need to be used as 
feedback on the effectiveness of the program and the information turned 
into positive steps to prevent any reoccurrence. Receipt of employee 
suggestions or complaints relating to safety and health issues involved 
with site or workplace activities is also a feedback mechanism that can 
be used effectively to improve the program and may serve in part as an 
evaluative tool(s).
    For the development and implementation of the program to be the most 
effective, professional safety and health personnel should

[[Page 164]]

be used. Certified Safety Professionals, Board Certified Industrial 
Hygienists or Registered Professional Safety Engineers are good examples 
of professional stature for safety and health managers who will 
administer the employer's program.
    2. Training. The training programs for employees subject to the 
requirements of paragraph (e) of this standard should address: the 
safety and health hazards employees should expect to find on hazardous 
waste clean-up sites; what control measures or techniques are effective 
for those hazards; what monitoring procedures are effective in 
characterizing exposure levels; what makes an effective employer's 
safety and health program; what a site safety and health plan should 
include; hands on training with personal protective equipment and 
clothing they may be expected to use; the contents of the OSHA standard 
relevant to the employee's duties and function; and, employee's 
responsibilities under OSHA and other regulations. Supervisors will need 
training in their responsibilities under the safety and health program 
and its subject areas such as the spill containment program, the 
personal protective equipment program, the medical surveillance program, 
the emergency response plan and other areas.
    The training programs for employees subject to the requirements of 
paragraph (p) of this standard should address: the employers safety and 
health program elements impacting employees; the hazard communication 
program; the medical surveillance program; the hazards and the controls 
for such hazards that employees need to know for their job duties and 
functions. All require annual refresher training.
    The training programs for employees covered by the requirements of 
paragraph (q) of this standard should address those competencies 
required for the various levels of response such as: the hazards 
associated with hazardous substances; hazard identification and 
awareness; notification of appropriate persons; the need for and use of 
personal protective equipment including respirators; the decontamination 
procedures to be used; preplanning activities for hazardous substance 
incidents including the emergency reponse plan; company standard 
operating procedures for hazardous substance emergency responses; the 
use of the incident command system and other subjects. Hands-on training 
should be stressed whenever possible. Critiques done after an incident 
which include an evaluation of what worked and what did not and how 
could the incident be better handled the next time may be counted as 
training time.
    For hazardous materials specialists (usually members of hazardous 
materials teams), the training should address the care, use and/or 
testing of chemical protective clothing including totally encapsulating 
suits, the medical surveillance program, the standard operating 
procedures for the hazardous materials team including the use of 
plugging and patching equipment and other subject areas.
    Officers and leaders who may be expected to be in charge at an 
incident should be fully knowledgeable of their company's incident 
command system. They should know where and how to obtain additional 
assistance and be familiar with the local district's emergency response 
plan and the state emergency response plan.
    Specialist employees such as technical experts, medical experts or 
environmental experts that work with hazardous materials in their 
regular jobs, who may be sent to the incident scene by the shipper, 
manufacturer or governmental agency to advise and assist the person in 
charge of the incident should have training on an annual basis. Their 
training should include the care and use of personal protective 
equipment including respirators; knowledge of the incident command 
system and how they are to relate to it; and those areas needed to keep 
them current in their respective field as it relates to safety and 
health involving specific hazardous substances.
    Those skilled support personnel, such as employees who work for 
public works departments or equipment operators who operate bulldozers, 
sand trucks, backhoes, etc., who may be called to the incident scene to 
provide emergency support assistance, should have at least a safety and 
health briefing before entering the area of potential or actual 
exposure. These skilled support personnel, who have not been a part of 
the emergency response plan and do not meet the training requirements, 
should be made aware of the hazards they face and should be provided all 
necessary protective clothing and equipment required for their tasks.
    There are two National Fire Protection Association standards, NFPA 
472--``Standard for Professional Competence of Responders to Hazardous 
Material Incidents'' and NFPA 471--``Recommended Practice for Responding 
to Hazardous Material Incidents'', which are excellent resource 
documents to aid fire departments and other emergency response 
organizations in developing their training program materials. NFPA 472 
provides guidance on the skills and knowledge needed for first responder 
awareness level, first responder operations level, hazmat technicians, 
and hazmat specialist. It also offers guidance for the officer corp who 
will be in charge of hazardous substance incidents.
    3. Decontamination. Decontamination procedures should be tailored to 
the specific hazards of the site, and may vary in complexity and number 
of steps, depending on the level of hazard and the employee's exposure 
to the hazard. Decontamination procedures and PPE decontamination 
methods

[[Page 165]]

will vary depending upon the specific substance, since one procedure or 
method may not work for all substances. Evaluation of decontamination 
methods and procedures should be performed, as necessary, to assure that 
employees are not exposed to hazards by re-using PPE. References in 
appendix D may be used for guidance in establishing an effective 
decontamination program. In addition, the U.S. Coast Guard's Manual, 
``Policy Guidance for Response to Hazardous Chemical Releases,'' U.S. 
Department of Transportation, Washington, DC (COMDTINST M16465.30) is a 
good reference for establishing an effective decontamination program.
    4. Emergency response plans. States, along with designated districts 
within the states, will be developing or have developed local emergency 
response plans. These state and district plans should be utilized in the 
emergency response plans called for in the standard. Each employer 
should assure that its emergency response plan is compatible with the 
local plan. The major reference being used to aid in developing the 
state and local district plans is the Hazardous Materials Emergency 
Planning Guide, NRT-1. The current Emergency Response Guidebook from the 
U.S. Department of Transportation, CMA's CHEMTREC and the Fire Service 
Emergency Management Handbook may also be used as resources.
    Employers involved with treatment, storage, and disposal facilities 
for hazardous waste, which have the required contingency plan called for 
by their permit, would not need to duplicate the same planning elements. 
Those items of the emergency response plan that are properly addressed 
in the contingency plan may be substituted into the emergency response 
plan required in 1926.65 or otherwise kept together for employer and 
employee use.
    5. Personal protective equipment programs. The purpose of personal 
protective clothing and equipment (PPE) is to shield or isolate 
individuals from the chemical, physical, and biologic hazards that may 
be encountered at a hazardous substance site.
    As discussed in appendix B, no single combination of protective 
equipment and clothing is capable of protecting against all hazards. 
Thus PPE should be used in conjunction with other protective methods and 
its effectiveness evaluated periodically.
    The use of PPE can itself create significant worker hazards, such as 
heat stress, physical and psychological stress, and impaired vision, 
mobility, and communication. For any given situation, equipment and 
clothing should be selected that provide an adequate level of 
protection. However, over-protection, as well as under-protection, can 
be hazardous and should be avoided where possible.
    Two basic objectives of any PPE program should be to protect the 
wearer from safety and health hazards, and to prevent injury to the 
wearer from incorrect use and/or malfunction of the PPE. To accomplish 
these goals, a comprehensive PPE program should include hazard 
identification, medical monitoring, environmental surveillance, 
selection, use, maintenance, and decontamination of PPE and its 
associated training.
    The written PPE program should include policy statements, 
procedures, and guidelines. Copies should be made available to all 
employees, and a reference copy should be made available at the 
worksite. Technical data on equipment, maintenance manuals, relevant 
regulations, and other essential information should also be collected 
and maintained.
    6. Incident command system (ICS). Paragraph 1926.65(q)(3)(ii) 
requires the implementation of an ICS. The ICS is an organized approach 
to effectively control and manage operations at an emergency incident. 
The individual in charge of the ICS is the senior official responding to 
the incident. The ICS is not much different than the ``command post'' 
approach used for many years by the fire service. During large complex 
fires involving several companies and many pieces of apparatus, a 
command post would be established. This enabled one individual to be in 
charge of managing the incident, rather than having several officers 
from different companies making separate, and sometimes conflicting, 
decisions. The individual in charge of the command post would delegate 
responsibility for performing various tasks to subordinate officers. 
Additionally, all communications were routed through the command post to 
reduce the number of radio transmissions and eliminate confusion. 
However, strategy, tactics, and all decisions were made by one 
individual.
    The ICS is a very similar system, except it is implemented for 
emergency response to all incidents, both large and small, that involve 
hazardous substances.
    For a small incident, the individual in charge of the ICS may 
perform many tasks of the ICS. There may not be any, or little, 
delegation of tasks to subordinates. For example, in response to a small 
incident, the individual in charge of the ICS, in addition to normal 
command activities, may become the safety officer and may designate only 
one employee (with proper equipment) as a back-up to provide assistance 
if needed. OSHA does recommend, however, that at least two employees be 
designated as back-up personnel since the assistance needed may include 
rescue.
    To illustrate the operation of the ICS, the following scenario might 
develop during a small incident, such as an overturned tank truck with a 
small leak of flammable liquid.
    The first responding senior officer would implement and take command 
of the ICS. That person would size-up the incident and

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determine if additional personnel and apparatus were necessary; would 
determine what actions to take to control the leak; and, determine the 
proper level of personal protective equipment. If additional assistance 
is not needed, the individual in charge of the ICS would implement 
actions to stop and control the leak using the fewest number of 
personnel that can effectively accomplish the tasks. The individual in 
charge of the ICS then would designate himself as the safety officer and 
two other employees as a back-up in case rescue may become necessary. In 
this scenario, decontamination procedures would not be necessary.
    A large complex incident may require many employees and difficult, 
time-consuming efforts to control. In these situations, the individual 
in charge of the ICS will want to delegate different tasks to 
subordinates in order to maintain a span of control that will keep the 
number of subordinates, that are reporting, to a manageable level.
    Delegation of task at large incidents may be by location, where the 
incident scene is divided into sectors, and subordinate officers 
coordinate activities within the sector that they have been assigned.
    Delegation of tasks can also be by function. Some of the functions 
that the individual in charge of the ICS may want to delegate at a large 
incident are: medical services; evacuation; water supply; resources 
(equipment, apparatus); media relations; safety; and, site control 
(integrate activities with police for crowd and traffic control). Also 
for a large incident, the individual in charge of the ICS will designate 
several employees as back-up personnel; and a number of safety officers 
to monitor conditions and recommend safety precautions.
    Therefore, no matter what size or complexity an incident may be, by 
implementing an ICS there will be one individual in charge who makes the 
decisions and gives directions; and, all actions, and communications are 
coordinated through one central point of command. Such a system should 
reduce confusion, improve safety, organize and coordinate actions, and 
should facilitate effective management of the incident.
    7. Site Safety and Control Plans. The safety and security of 
response personnel and others in the area of an emergeny response 
incident site should be of primary concern to the incident commander. 
The use of a site safety and control plan could greatly assist those in 
charge of assuring the safety and health of employees on the site.
    A comprehensive site safety and control plan should include the 
following: summary analysis of hazards on the site and a risk analysis 
of those hazards; site map or sketch; site work zones (clean zone, 
transition or decontamination zone, work or hot zone); use of the buddy 
system; site communications; command post or command center; standard 
operating procedures and safe work practices; medical assistance and 
triage area; hazard monitoring plan (air contaminate monitoring, etc.); 
decontamination procedures and area; and other relevant areas. This plan 
should be a part of the employer's emergency response plan or an 
extension of it to the specific site.
    8. Medical surveillance programs. Workers handling hazardous 
substances may be exposed to toxic chemicals, safety hazards, biologic 
hazards, and radiation. Therefore, a medical surveillance program is 
essential to assess and monitor workers' health and fitness for 
employment in hazardous waste operations and during the course of work; 
to provide emergency and other treatment as needed; and to keep accurate 
records for future reference.
    The Occupational Safety and Health Guidance Manual for Hazardous 
Waste Site Activities developed by the National Institute for 
Occupational Safety and Health (NIOSH), the Occupational Safety and 
Health Administration (OSHA), the U.S. Coast Guard (USCG), and the 
Environmental Protection Agency (EPA); October 1985 provides an 
excellent example of the types of medical testing that should be done as 
part of a medical surveillance program.
    9. New Technology and Spill Containment Programs. Where hazardous 
substances may be released by spilling from a container that will expose 
employees to the hazards of the materials, the employer will need to 
implement a program to contain and control the spilled material. Diking 
and ditching, as well as use of absorbents like diatomaceous earth, are 
traditional techniques which have proven to be effective over the years. 
However, in recent years new products have come into the marketplace, 
the use of which complement and increase the effectiveness of these 
traditional methods. These new products also provide emergency 
responders and others with additional tools or agents to use to reduce 
the hazards of spilled materials.
    These agents can be rapidly applied over a large area and can be 
uniformly applied or otherwise can be used to build a small dam, thus 
improving the workers' ability to control spilled material. These 
application techniques enhance the intimate contact between the agent 
and the spilled material allowing for the quickest effect by the agent 
or quickest control of the spilled material. Agents are available to 
solidify liquid spilled materials, to suppress vapor generation from 
spilled materials, and to do both. Some special agents, which when 
applied as recommended by the manufacturer, will react in a controlled 
manner with the spilled material to neutralize acids or caustics, or 
greatly reduce the level of hazard of the spilled material.

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    There are several modern methods and devices for use by emergency 
response personnel or others involved with spill control efforts to 
safely apply spill control agents to control spilled material hazards. 
These include portable pressurized applicators similar to hand-held 
portable fire extinguishing devices, and nozzle and hose systems similar 
to portable fire fighting foam systems which allow the operator to apply 
the agent without having to come into contact with the spilled material. 
The operator is able to apply the agent to the spilled material from a 
remote position.
    The solidification of liquids provides for rapid containment and 
isolation of hazardous substance spills. By directing the agent at run-
off points or at the edges of the spill, the reactant solid will 
automatically create a barrier to slow or stop the spread of the 
material. Clean-up of hazardous substances is greatly improved when 
solidifying agents, acid or caustic neutralizers, or activated carbon 
adsorbents are used. Properly applied, these agents can totally solidify 
liquid hazardous substances or neutralize or absorb them, which results 
in materials which are less hazardous and easier to handle, transport, 
and dispose of. The concept of spill treatment, to create less hazardous 
substances, will improve the safety and level of protection of employees 
working at spill clean-up operations or emergency response operations to 
spills of hazardous substances.
    The use of vapor suppression agents for volatile hazardous 
substances, such as flammable liquids and those substances which present 
an inhalation hazard, is important for protecting workers. The rapid and 
uniform distribution of the agent over the surface of the spilled 
material can provide quick vapor knockdown. There are temporary and 
long-term foam-type agents which are effective on vapors and dusts, and 
activated carbon adsorption agents which are effective for vapor control 
and soaking-up of the liquid. The proper use of hose lines or hand-held 
portable pressurized applicators provides good mobility and permits the 
worker to deliver the agent from a safe distance without having to step 
into the untreated spilled material. Some of these systems can be 
recharged in the field to provide coverage of larger spill areas than 
the design limits of a single charged applicator unit. Some of the more 
effective agents can solidify the liquid flammable hazardous substances 
and at the same time elevate the flashpoint above 140 [deg]F so the 
resulting substance may be handled as a nonhazardous waste material if 
it meets the U.S. Environmental Protection Agency's 40 CFR part 261 
requirements (See particularly Sec.  261.21).
    All workers performing hazardous substance spill control work are 
expected to wear the proper protective clothing and equipment for the 
materials present and to follow the employer's established standard 
operating procedures for spill control. All involved workers need to be 
trained in the established operating procedures; in the use and care of 
spill control equipment; and in the associated hazards and control of 
such hazards of spill containment work.
    These new tools and agents are the things that employers will want 
to evaluate as part of their new technology program. The treatment of 
spills of hazardous substances or wastes at an emergency incident as 
part of the immediate spill containment and control efforts is sometimes 
acceptable to EPA and a permit exception is described in 40 CFR 
264.1(g)(8) and 265.1(c)(11).

                 Appendix D to Sec.  1926.65--References

    The following references may be consulted for further information on 
the subject of this standard:
    1. OSHA Instruction DFO CPL 2.70--January 29, 1986, Special Emphasis 
Program: Hazardous Waste Sites.
    2. OSHA Instruction DFO CPL 2-2.37A--January 29, 1986, Technical 
Assistance and Guidelines for Superfund and Other Hazardous Waste Site 
Activities.
    3. OSHA Instruction DTS CPL 2.74--January 29, 1986, Hazardous Waste 
Activity Form, OSHA 175.
    4. Hazardous Waste Inspections Reference Manual, U.S. Department of 
Labor, Occupational Safety and Health Administration, 1986.
    5. Memorandum of Understanding Among the National Institute for 
Occupational Safety and Health, the Occupational Safety and Health 
Administration, the United States Coast Guard, and the United States 
Environmental Protection Agency, Guidance for Worker Protection During 
Hazardous Waste Site Investigations and Clean-up and Hazardous Substance 
Emergencies. December 18, 1980.
    6. National Priorities List, 1st Edition, October 1984; U.S. 
Environmental Protection Agency, Revised periodically.
    7. The Decontamination of Response Personnel, Field Standard 
Operating Procedures (F.S.O.P.) 7; U.S. Environmental Protection Agency, 
Office of Emergency and Remedial Response, Hazardous Response Support 
Division, December 1984.
    8. Preparation of a Site Safety Plan, Field Standard Operating 
Procedures (F.S.O.P.) 9; U.S. Environmental Protection Agency, Office of 
Emergency and Remedial Response, Hazardous Response Support Division, 
April 1985.
    9. Standard Operating Safety Guidelines; U.S. Environmental 
Protection Agency, Office of Emergency and Remedial Response, Hazardous 
Response Support Division, Environmental Response Team; November 1984.
    10. Occupational Safety and Health Guidance Manual for Hazardous 
Waste Site Activities, National Institute for Occupational Safety

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and Health (NIOSH), Occupational Safety and Health Administration 
(OSHA), U.S. Coast Guard (USCG), and Environmental Protection Agency 
(EPA); October 1985.
    11. Protecting Health and Safety at Hazardous Waste Sites: An 
Overview, U.S. Environmental Protection Agency, EPA/625/9-85/006; 
September 1985.
    12. Hazardous Waste Sites and Hazardous Substance Emergencies, NIOSH 
Worker Bulletin, U.S. Department of Health and Human Services, Public 
Health Service, Centers for Disease Control, National Institute for 
Occupational Safety and Health; December 1982.
    13. Personal Protective Equipment for Hazardous Materials Incidents: 
A Selection Guide; U.S. Department of Health and Human Services, Public 
Health Service, Centers for Disease Control, National Institute for 
Occupational Safety and Health; October 1984.
    14. Fire Service Emergency Management Handbook, International 
Association of Fire Chiefs Foundation, 101 East Holly Avenue, Unit 10B, 
Sterling, VA 22170, January 1985.
    15. Emergency Response Guidebook, U.S Department of Transportation, 
Washington, DC, 1987.
    16. Report to the Congress on Hazardous Materials Training, Planning 
and Preparedness, Federal Emergency Management Agency, Washington, DC, 
July 1986.
    17. Workbook for Fire Command, Alan V. Brunacini and J. David 
Beageron, National Fire Protection Association, Batterymarch Park, 
Quincy, MA 02269, 1985.
    18. Fire Command, Alan V. Brunacini, National Fire Protection 
Association, Batterymarch Park,, Quincy, MA 02269, 1985.
    19. Incident Command System, Fire Protection Publications, Oklahoma 
State University, Stillwater, OK 74078, 1983.
    20. Site Emergency Response Planning, Chemical Manufacturers 
Association, Washington, DC 20037, 1986.
    21. Hazardous Materials Emergency Planning Guide, NRT-1, 
Environmental Protection Agency, Washington, DC, March 1987.
    22. Community Teamwork: Working Together to Promote Hazardous 
Materials Transportation Safety. U.S. Department of Transportation, 
Washington, DC, May 1983.
    23. Disaster Planning Guide for Business and Industry, Federal 
Emergency Management Agency, Publication No. FEMA 141, August 1987.

        Appendix to Sec.  1926.65--Training Curriculum Guidelines

    The following non-mandatory general criteria may be used for 
assistance in developing site-specific training curriculum used to meet 
the training requirements of 29 CFR 1926.65(e); 29 CFR 1926.65(p)(7), 
(p)(8)(iii); and 29 CFR 1926.65(q)(6), (q)(7), and (q)(8). These are 
generic guidelines and they are not presented as a complete training 
curriculum for any specific employer. Site-specific training programs 
must be developed on the basis of a needs assessment of the hazardous 
waste site, RCRA/TSDF, or emergency response operation in accordance 
with 29 CFR 1926.65.

    It is noted that the legal requirements are set forth in the 
regulatory text of Sec. 1926.65. The guidance set forth here presents a 
highly effective program that in the areas covered would meet or exceed 
the regulatory requirements. In addition, other approaches could meet 
the regulatory requirements.

    Suggested General Criteria
    Definitions:
    Competent means possessing the skills, knowledge, experience, and 
judgment to perform assigned tasks or activities satisfactorily as 
determined by the employer.
    Demonstration means the showing by actual use of equipment or 
procedures.
    Hands-on training means training in a simulated work environment 
that permits each student to have experience performing tasks, making 
decisions, or using equipment appropriate to the job assignment for 
which the training is being conducted.
    Initial training means training required prior to beginning work.
    Lecture means an interactive discourse with a class lead by an 
instructor.
    Proficient means meeting a stated level of achievement.
    Site-specific means individual training directed to the operations 
of a specific job site.
    Training hours means the number of hours devoted to lecture, 
learning activities, small group work sessions, demonstration, 
evaluations, or hands-on experience.

    Suggested Core Criteria:
    1. Training facility. The training facility should have available 
sufficient resources, equipment, and site locations to perform didactic 
and hands-on training when appropriate. Training facilities should have 
sufficient organization, support staff, and services to conduct training 
in each of the courses offered.
    2. Training Director. Each training program should be under the 
direction of a training director who is responsible for the program. The 
Training Director should have a minimum of two years of employee 
education experience.
    3. Instructors. Instructors should be deem competent on the basis of 
previous documented experience in their area of instruction, successful 
completion of a ``train-the-trainer'' program specific to the topics 
they will teach, and an evaluation of instructional competence by the 
Training Director.
    Instructors should be required to maintain professional competency 
by participating in continuing education or professional development 
programs or by completing successfully an annual refresher course and 
having an annual review by the Training Director.

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    The annual review by the Training Director should include 
observation of an instructor's delivery, a review of those observations 
with the trainer, and an analysis of any instructor or class evaluations 
completed by the students during the previous year.
    4. Course materials. The Training Director should approve all course 
materials to be used by the training provider. Course materials should 
be reviewed and updated at least annually. Materials and equipment 
should be in good working order and maintained properly.
    All written and audio-visual materials in training curricula should 
be peer reviewed by technically competent outside reviewers or by a 
standing advisory committee.
    Reviews should possess expertise in the following disciplines were 
applicable: occupational health, industrial hygiene and safety, 
chemical/environmental engineering, employee education, or emergency 
response. One or more of the peer reviewers should be a employee 
experienced in the work activities to which the training is directed.
    5. Students. The program for accepting students should include:
    a. Assurance that the student is or will be involved in work where 
chemical exposures are likely and that the student possesses the skills 
necessary to perform the work.
    b. A policy on the necessary medical clearance.
    6. Ratios. Student-instructor ratios should not exceed 30 students 
per instructor. Hands-on activity requiring the use of personal 
protective equipment should have the following student-instructor 
ratios. For Level C or Level D personal protective equipment the ratio 
should be 10 students per instructor. For Level A or Level B personal 
protective equipment the ratio should be 5 students per instructor.
    7. Proficiency assessment. Proficiency should be evaluated and 
documented by the use of a written assessment and a skill demonstration 
selected and developed by the Training Director and training staff. The 
assessment and demonstration should evaluate the knowledge and 
individual skills developed in the course of training. The level of 
minimum achievement necessary for proficiency shall be specified in 
writing by the Training Director.
    If a written test is used, there should be a minimum of 50 
questions. If a written test is used in combination with a skills 
demonstration, a minimum of 25 questions should be used. If a skills 
demonstration is used, the tasks chosen and the means to rate successful 
completion should be fully documented by the Training Director.
    The content of the written test or of the skill demonstration shall 
be relevant to the objectives of the course. The written test and skill 
demonstration should be updated as necessary to reflect changes in the 
curriculum and any update should be approved by the Training Director.
    The proficiency assessment methods, regardless of the approach or 
combination of approaches used, should be justified, document and 
approved by the Training Director.
    The proficiency of those taking the additional courses for 
supervisors should be evaluated and document by using proficiency 
assessment methods acceptable to the Training Director. These 
proficiency assessment methods must reflect the additional 
responsibilities borne by supervisory personnel in hazardous waste 
operations or emergency response.
    8. Course certificate. Written documentation should be provided to 
each student who satisfactorily completes the training course. The 
documentation should include:
    a. Student's name.
    b. Course title.
    c. Course date.
    d. Statement that the student has successfully completed the course.
    e. Name and address of the training provider.
    f. An individual identification number for the certificate.
    g. List of the levels of personal protective equipment used by the 
student to complete the course.
    This documentation may include a certificate and an appropriate 
wallet-sized laminated card with a photograph of the student and the 
above information. When such course certificate cards are used, the 
individual identification number for the training certificate should be 
shown on the card.
    9. Recordkeeping. Training providers should maintain records listing 
the dates courses were presented, the names of the individual course 
attenders, the names of those students successfully completing each 
course, and the number of training certificates issued to each 
successful student. These records should be maintained for a minimum of 
five years after the date an individual participated in a training 
program offered by the training provider. These records should be 
available and provided upon the student's request or as mandated by law.
    10. Program quality control. The Training Director should conduct or 
direct an annual written audit of the training program. Program 
modifications to address deficiencies, if any, should be documented, 
approved, and implemented by the training provider. The audit and the 
program modification documents should be maintained at the training 
facility.

    Suggested Program Quality Control Criteria
    Factors listed here are suggested criteria for determining the 
quality and appropriateness of employee health and safety training for 
hazardous waste operations and emergency response.


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    A. Training Plan.
    Adequacy and appropriateness of the training program's curriculum 
development, instructor training, distribution of course materials, and 
direct student training should be considered, including
    1. The duration of training, course content, and course schedules/
agendas;
    2. The different training requirements of the various target 
populations, as specified in the appropriate generic training 
curriculum;
    3. The process for the development of curriculum, which includes 
appropriate technical input, outside review, evaluation, program 
pretesting.
    4. The adequate and appropriate inclusion of hands-on, 
demonstration, and instruction methods;
    5. Adequate monitoring of student safety, progress, and performance 
during the training.

    B. Program management, Training Director, staff, and consultants.
    Adequacy and appropriateness of staff performance and delivering an 
effective training program should be considered, including
    1. Demonstration of the training director's leadership in assuring 
quality of health and safety training.
    2. Demonstration of the competency of the staff to meet the demands 
of delivering high quality hazardous waste employee health and safety 
training.
    3. Organization charts establishing clear lines of authority.
    4. Clearly defined staff duties including the relationship of the 
training staff to the overall program.
    5. Evidence that the training organizational structure suits the 
needs of the training program.
    6. Appropriateness and adequacy of the training methods used by the 
instructors.
    7. Sufficiency of the time committed by the training director and 
staff to the training program.
    8. Adequacy of the ratio of training staff to students.
    9. Availability and commitment of the training program of adequate 
human and equipment resources in the areas of
    a. Health effects,
    b. Safety,
    c. Personal protective equipment (PPE),
    d. Operational procedures,
    e. Employee protection practices/procedures.
    10. Appropriateness of management controls.
    11. Adequacy of the organization and appropriate resources assigned 
to assure appropriate training.
    12. In the case of multiple-site training programs, adequacy of 
satellite centers management.

    C. Training facilities and resources.
    Adequacy and appropriateness of the facilities and resources for 
supporting the training program should be considered, including,
    1. Space and equipment to conduct the training.
    2. Facilities for representative hands-on training.
    3. In the case of multiple-site programs, equipment and facilities 
at the satellite centers.
    4. Adequacy and appropriateness of the quality control and 
evaluations program to account for instructor performance.
    5. Adequacy and appropriateness of the quality control and 
evaluation program to ensure appropriate course evaluation, feedback, 
updating, and corrective action.
    6. Adequacy and appropriateness of disciplines and expertise being 
used within the quality control and evaluation program.
    7. Adequacy and appropriateness of the role of student evaluations 
to provide feedback for training program improvement.

    D. Quality control and evaluation.
    Adequacy and appropriateness of quality control and evaluation plans 
for training programs should be considered, including:
    1. A balanced advisory committee and/or competent outside reviewers 
to give overall policy guidance;
    2. Clear and adequate definition of the composition and active 
programmatic role of the advisory committee or outside reviewers.
    3. Adequacy of the minutes or reports of the advisory committee or 
outside reviewers' meetings or written communication.
    4. Adequacy and appropriateness of the quality control and 
evaluations program to account for instructor performance.
    5. Adequacy and appropriateness of the quality control and 
evaluation program to ensure appropriate course evaluation, feedback, 
updating, and corrective action.
    6. Adequacy and appropriateness of disciplines and expertise being 
used within the quality control and evaluation program.
    7. Adequacy and appropriateness of the role of student evaluations 
to provide feedback for training program improvement.

    E. Students
    Adequacy and appropriateness of the program for accepting students 
should be considered, including
    1. Assurance that the student already possess the necessary skills 
for their job, including necessary documentation.
    2. Appropriateness of methods the program uses to ensure that 
recruits are capable of satisfactorily completing training.
    3. Review and compliance with any medical clearance policy.

    F. Institutional Environment and Administrative Support

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    The adequacy and appropriateness of the institutional environment 
and administrative support system for the training program should be 
considered, including
    1. Adequacy of the institutional commitment to the employee training 
program.
    2. Adequacy and appropriateness of the administrative structure and 
administrative support.

    G. Summary of Evaluation Questions
    Key questions for evaluating the quality and appropriateness of an 
overall training program should include the following:
    1. Are the program objectives clearly stated?
    2. Is the program accomplishing its objectives?
    3. Are appropriate facilities and staff available?
    4. Is there an appropriate mix of classroom, demonstration, and 
hands-on training?
    5. Is the program providing quality employee health and safety 
training that fully meets the intent of regulatory requirements?
    6. What are the program's main strengths?
    7. What are the program's main weaknesses?
    8. What is recommended to improve the program?
    9. Are instructors instructing according to their training outlines?
    10. Is the evaluation tool current and appropriate for the program 
content?
    11. Is the course material current and relevant to the target group?

    Suggested Training Curriculum Guidelines
    The following training curriculum guidelines are for those 
operations specifically identified in 29 CFR 1926.65 as requiring 
training. Issues such as qualifications of instructors, training 
certification, and similar criteria appropriate to all categories of 
operations addressed in 1926.65 have been covered in the preceding 
section and are not re-addressed in each of the generic guidelines. 
Basic core requirements for training programs that are addressed include
    1. General Hazardous Waste Operations
    2. RCRA operations--Treatment, storage, and disposal facilities.
    3. Emergency Response.

    A. General Hazardous Waste Operations and Site-specific Training
    1. Off-site training.
    Minimum training course content for hazardous waste operations, 
required by 29 CFR 1926.65(e), should include the following topics or 
procedures:
    a. Regulatory knowledge.
    (1) A review of 29 CFR 1926.65 and the core elements of an 
occupational safety and health program.
    (2) The content of a medical surveillance program as outlined in 29 
CFR 1926.65(f).
    (3) The content of an effective site safety and health plan 
consistent with the requirements of 29 CFR 1926.65(b)(4)(ii).
    (4) Emergency response plan and procedures as outlined in 29 CFR 
1910.38 and 29 CFR 1926.65(l).
    (5) Adequate illumination.
    (6) Sanitation recommendation and equipment.
    (7) Review and explanation of OSHA's hazard-communication standard 
(29 CFR 1910.1200) and lock-out-tag-out standard (29 CFR 1910.147).
    (8) Review of other applicable standards including but not limited 
to those in the construction standards (29 CFR Part 1926).
    (9) Rights and responsibilities of employers and employees under 
applicable OSHA and EPA laws.
    b. Technical knowledge.
    (1) Type of potential exposures to chemical, biological, and 
radiological hazards; types of human responses to these hazards and 
recognition of those responses; principles of toxicology and information 
about acute and chronic hazards; health and safety considerations of new 
technology.
    (2) Fundamentals of chemical hazards including but not limited to 
vapor pressure, boiling points, flash points, ph, other physical and 
chemical properties.
    (3) Fire and explosion hazards of chemicals.
    (4) General safety hazards such as but not limited to electrical 
hazards, powered equipment hazards, motor vehicle hazards, walking-
working surface hazards, excavation hazards, and hazards associated with 
working in hot and cold temperature extremes.
    (5) Review and knowledge of confined space entry procedures in 29 
CFR 1910.146.
    (6) Work practices to minimize employee risk from site hazards.
    (7) Safe use of engineering controls, equipment, and any new 
relevant safety technology or safety procedures.
    (8) Review and demonstration of competency with air sampling and 
monitoring equipment that may be used in a site monitoring program.
    (9) Container sampling procedures and safeguarding; general drum and 
container handling procedures including special requirement for 
laboratory waste packs, shock-sensitive wastes, and radioactive wastes.
    (10) The elements of a spill control program.
    (11) Proper use and limitations of material handling equipment.
    (12) Procedures for safe and healthful preparation of containers for 
shipping and transport.
    (13) Methods of communication including those used while wearing 
respiratory protection.
    c. Technical skills.

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    (1) Selection, use maintenance, and limitations of personal 
protective equipment including the components and procedures for 
carrying out a respirator program to comply with 29 CFR 1910.134.
    (2) Instruction in decontamination programs including personnel, 
equipment, and hardware; hands-on training including level A, B, and C 
ensembles and appropriate decontamination lines; field activities 
including the donning and doffing of protective equipment to a level 
commensurate with the employee's anticipated job function and 
responsibility and to the degree required by potential hazards.
    (3) Sources for additional hazard information; exercises using 
relevant manuals and hazard coding systems.
    d. Additional suggested items.
    (1) A laminated, dated card or certificate with photo, denoting 
limitations and level of protection for which the employee is trained 
should be issued to those students successfully completing a course.
    (2) Attendance should be required at all training modules, with 
successful completion of exercises and a final written or oral 
examination with at least 50 questions.
    (3) A minimum of one-third of the program should be devoted to 
hands-on exercises.
    (4) A curriculum should be established for the 8-hour refresher 
training required by 29 CFR 1926.65(e)(8), with delivery of such courses 
directed toward those areas of previous training that need improvement 
or reemphasis.
    (5) A curriculum should be established for the required 8-hour 
training for supervisors. Demonstrated competency in the skills and 
knowledge provided in a 40-hour course should be a prerequisite for 
supervisor training.
    2. Refresher training.
    The 8-hour annual refresher training required in 29 CFR 
1926.65(e)(8) should be conducted by qualified training providers. 
Refresher training should include at a minimum the following topics and 
procedures:
    (a) Review of and retraining on relevant topics covered in the 40-
hour program, as appropriate, using reports by the students on their 
work experiences.
    (b) Update on developments with respect to material covered in the 
40-hour course.
    (c) Review of changes to pertinent provisions of EPA or OSHA 
standards or laws.
    (d) Introduction of additional subject areas as appropriate.
    (e) Hands-on review of new or altered PPE or decontamination 
equipment or procedures. Review of new developments in personal 
protective equipment.
    (f) Review of newly developed air and contaminant monitoring 
equipment.
    3. On-site training.
    a. The employer should provide employees engaged in hazardous waste 
site activities with information and training prior to initial 
assignment into their work area, as follows:
    (1) The requirements of the hazard communication program including 
the location and availability of the written program, required lists of 
hazardous chemicals, and material safety data sheets.
    (2) Activities and locations in their work area where hazardous 
substance may be present.
    (3) Methods and observations that may be used to detect the present 
or release of a hazardous chemical in the work area (such as monitoring 
conducted by the employer, continuous monitoring devices, visual 
appearances, or other evidence (sight, sound or smell) of hazardous 
chemicals being released, and applicable alarms from monitoring devices 
that record chemical releases.
    (4) The physical and health hazards of substances known or 
potentially present in the work area.
    (5) The measures employees can take to help protect themselves from 
work-site hazards, including specific procedures the employer has 
implemented.
    (6) An explanation of the labeling system and material safety data 
sheets and how employees can obtain and use appropriate hazard 
information.
    (7) The elements of the confined space program including special 
PPE, permits, monitoring requirements, communication procedures, 
emergency response, and applicable lock-out procedures.
    b. The employer should provide hazardous waste employees information 
and training and should provide a review and access to the site safety 
and plan as follows:
    (1) Names of personnel and alternate responsible for site safety and 
health.
    (2) Safety and health hazards present on the site.
    (3) Selection, use, maintenance, and limitations of personal 
protective equipment specific to the site.
    (4) Work practices by which the employee can minimize risks from 
hazards.
    (5) Safe use of engineering controls and equipment available on 
site.
    (6) Safe decontamination procedures established to minimize employee 
contact with hazardous substances, including:
    (A) Employee decontamination,
    (B) Clothing decontamination, and
    (C) Equipment decontamination.
    (7) Elements of the site emergency response plan, including:
    (A) Pre-emergency planning.
    (B) Personnel roles and lines of authority and communication.
    (C) Emergency recognition and prevention.
    (D) Safe distances and places of refuge.
    (E) Site security and control.
    (F) Evacuation routes and procedures.

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    (G) Decontamination procedures not covered by the site safety and 
health plan.
    (H) Emergency medical treatment and first aid.
    (I) Emergency equipment and procedures for handling emergency 
incidents.
    c. The employer should provide hazardous waste employees information 
and training on personal protective equipment used at the site, such as 
the following:
    (1) PPE to be used based upon known or anticipated site hazards.
    (2) PPE limitations of materials and construction; limitations 
during temperature extremes, heat stress, and other appropriate medical 
considerations; use and limitations of respirator equipment as well as 
documentation procedures as outlined in 29 CFR 1910.134.
    (3) PPE inspection procedures prior to, during, and after use.
    (4) PPE donning and doffing procedures.
    (5) PPE decontamination and disposal procedures.
    (6) PPE maintenance and storage.
    (7) Task duration as related to PPE limitations.
    d. The employer should instruct the employee about the site medical 
surveillance program relative to the particular site, including
    (1) Specific medical surveillance programs that have been adapted 
for the site.
    (2) Specific signs and symptoms related to exposure to hazardous 
materials on the site.
    (3) The frequency and extent of periodic medical examinations that 
will be used on the site.
    (4) Maintenance and availability of records.
    (5) Personnel to be contacted and procedures to be followed when 
signs and symptoms of exposures are recognized.
    e. The employees will review and discuss the site safety plan as 
part of the training program. The location of the site safety plan and 
all written programs should be discussed with employees including a 
discussion of the mechanisms for access, review, and references 
described.

    B. RCRA Operations Training for Treatment, Storage and Disposal 
Facilities.
    1. As a minimum, the training course required in 29 CFR 1926.65 (p) 
should include the following topics:
    (a) Review of the applicable paragraphs of 29 CFR 1926.65 and the 
elements of the employer's occupational safety and health plan.
    (b) Review of relevant hazards such as, but not limited to, 
chemical, biological, and radiological exposures; fire and explosion 
hazards; thermal extremes; and physical hazards.
    (c) General safety hazards including those associated with 
electrical hazards, powered equipment hazards, lock-out-tag-out 
procedures, motor vehicle hazards and walking-working surface hazards.
    (d) Confined-space hazards and procedures.
    (e) Work practices to minimize employee risk from workplace hazards.
    (f) Emergency response plan and procedures including first aid 
meeting the requirements of paragraph (p)(8).
    (g) A review of procedures to minimize exposure to hazardous waste 
and various type of waste streams, including the materials handling 
program and spill containment program.
    (h) A review of hazard communication programs meeting the 
requirements of 29 CFR 1910.1200.
    (i) A review of medical surveillance programs meeting the 
requirements of 29 CFR 1926.65(p)(3) including the recognition of signs 
and symptoms of overexposure to hazardous substance including known 
synergistic interactions.
    (j) A review of decontamination programs and procedures meeting the 
requirements of 29 CFR 1926.65(p)(4).
    (k) A review of an employer's requirements to implement a training 
program and its elements.
    (l) A review of the criteria and programs for proper selection and 
use of personal protective equipment, including respirators.
    (m) A review of the applicable appendices to 29 CFR 1926.65.
    (n) Principles of toxicology and biological monitoring as they 
pertain to occupational health.
    (o) Rights and responsibilities of employees and employers under 
applicable OSHA and EPA laws.
    (p) Hands-on exercises and demonstrations of competency with 
equipment to illustrate the basic equipment principles that may be used 
during the performance of work duties, including the donning and doffing 
of PPE.
    (q) Sources of reference, efficient use of relevant manuals, and 
knowledge of hazard coding systems to include information contained in 
hazardous waste manifests.
    (r) At least 8 hours of hands-on training.
    (s) Training in the job skills required for an employee's job 
function and responsibility before they are permitted to participate in 
or supervise field activities.
    2. The individual employer should provide hazardous waste employees 
with information and training prior to an employee's initial assignment 
into a work area. The training and information should cover the 
following topics:
    (a) The Emergency response plan and procedures including first aid.
    (b) A review of the employer's hazardous waste handling procedures 
including the materials handling program and elements of the spill 
containment program, location of spill response kits or equipment, and 
the names of those trained to respond to releases.

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    (c) The hazardous communication program meeting the requirements of 
29 CFR 1910.1200.
    (d) A review of the employer's medical surveillance program 
including the recognition of signs and symptoms of exposure to relevant 
hazardous substance including known synergistic interactions.
    (e) A review of the employer's decontamination program and 
procedures.
    (f) An review of the employer's training program and the parties 
responsible for that program.
    (g) A review of the employer's personal protective equipment program 
including the proper selection and use of PPE based upon specific site 
hazards.
    (h) All relevant site-specific procedures addressing potential 
safety and health hazards. This may include, as appropriate, biological 
and radiological exposures, fire and explosion hazards, thermal hazards, 
and physical hazards such as electrical hazards, powered equipment 
hazards, lock-out-tag-out hazards, motor vehicle hazards, and walking-
working surface hazards.
    (i) Safe use engineering controls and equipment on site.
    (j) Names of personnel and alternates responsible for safety and 
health.

    C. Emergency response training.
    Federal OSHA standards in 29 CFR 1926.65(q) are directed toward 
private sector emergency responders. Therefore, the guidelines provided 
in this portion of the appendix are directed toward that employee 
population. However, they also impact indirectly through State OSHA or 
USEPA regulations some public sector emergency responders. Therefore, 
the guidelines provided in this portion of the appendix may be applied 
to both employee populations.
    States with OSHA state plans must cover their employees with 
regulations at least as effective as the Federal OSHA standards. Public 
employees in states without approved state OSHA programs covering 
hazardous waste operations and emergency response are covered by the 
U.S. EPA under 40 CFR 311, a regulation virtually identical to 
Sec. 1926.65.
    Since this is a non-mandatory appendix and therefore not an 
enforceable standard, OSHA recommends that those employers, employees or 
volunteers in public sector emergency response organizations outside 
Federal OSHA jurisdiction consider the following criteria in developing 
their own training programs. A unified approach to training at the 
community level between emergency response organizations covered by 
Federal OSHA and those not covered directly by Federal OSHA can help 
ensure an effective community response to the release or potential 
release of hazardous substances in the community.
    a. General considerations.
    Emergency response organizations are required to consider the topics 
listed in Sec. 1926.65(q)(6). Emergency response organizations may use 
some or all of the following topics to supplement those mandatory topics 
when developing their response training programs. Many of the topics 
would require an interaction between the response provider and the 
individuals responsible for the site where the response would be 
expected.
    (1) Hazard recognition, including:
    (A) Nature of hazardous substances present,
    (B) Practical applications of hazard recognition, including 
presentations on biology, chemistry, and physics.
    (2) Principles of toxicology, biological monitoring, and risk 
assessment.
    (3) Safe work practices and general site safety.
    (4) Engineering controls and hazardous waste operations.
    (5) Site safety plans and standard operating procedures.
    (6) Decontamination procedures and practices.
    (7) Emergency procedures, first aid, and self-rescue.
    (8) Safe use of field equipment.
    (9) Storage, handling, use and transportation of hazardous 
substances.
    (10) Use, care, and limitations of personal protective equipment.
    (11) Safe sampling techniques.
    (12) Rights and responsibilities of employees under OSHA and other 
related laws concerning right-to-know, safety and health, compensations 
and liability.
    (13) Medical monitoring requirements.
    (14) Community relations.
    b. Suggested criteria for specific courses.
    (1) First responder awareness level.
    (A) Review of and demonstration of competency in performing the 
applicable skills of 29 CFR 1926.65(q).
    (B) Hands-on experience with the U.S. Department of Transportation's 
Emergency Response Guidebook (ERG) and familiarization with OSHA 
standard 29 CFR 1926.60.
    (C) Review of the principles and practices for analyzing an incident 
to determine both the hazardous substances present and the basic hazard 
and response information for each hazardous substance present.
    (D) Review of procedures for implementing actions consistent with 
the local emergency response plan, the organization's standard operating 
procedures, and the current edition of DOT's ERG including emergency 
notification procedures and follow-up communications.
    (E) Review of the expected hazards including fire and explosions 
hazards, confined space hazards, electrical hazards, powered equipment 
hazards, motor vehicle hazards, and walking-working surface hazards.

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    (F) Awareness and knowledge of the competencies for the First 
Responder at the Awareness Level covered in the National Fire Protection 
Association's Standard No. 472, Professional Competence of Responders to 
Hazardous Materials Incidents.
    (2) First responder operations level.
    (A) Review of and demonstration of competency in performing the 
applicable skills of 29 CFR 1926.65(q).
    (B) Hands-on experience with the U.S. Department of Transportation's 
Emergency Response Guidebook (ERG), manufacturer material safety data 
sheets, CHEMTREC/CANUTEC, shipper or manufacturer contacts and other 
relevant sources of information addressing hazardous substance releases. 
Familiarization with OSHA standard 29 CFR 1926.60.
    (C) Review of the principles and practices for analyzing an incident 
to determine the hazardous substances present, the likely behavior of 
the hazardous substance and its container, the types of hazardous 
substance transportation containers and vehicles, the types and 
selection of the appropriate defensive strategy for containing the 
release.
    (D) Review of procedures for implementing continuing response 
actions consistent with the local emergency response plan, the 
organization's standard operating procedures, and the current edition of 
DOT's ERG including extended emergency notification procedures and 
follow-up communications.
    (E) Review of the principles and practice for proper selection and 
use of personal protective equipment.
    (F) Review of the principles and practice of personnel and equipment 
decontamination.
    (G) Review of the expected hazards including fire and explosions 
hazards, confined space hazards, electrical hazards, powered equipment 
hazards, motor vehicle hazards, and walking-working surface hazards.
    (H) Awareness and knowledge of the competencies for the First 
Responder at the Operations Level covered in the National Fire 
Protection Association's Standard No. 472, Professional Competence of 
Responders to Hazardous Materials Incidents.
    (3) Hazardous materials technician.
    (A) Review of and demonstration of competency in performing the 
applicable skills of 29 CFR 1926.65(q).
    (B) Hands-on experience with written and electronic information 
relative to response decision making including but not limited to the 
U.S. Department of Transportation's Emergency Response Guidebook (ERG), 
manufacturer material safety data sheets, CHEMTREC/CANUTEC, shipper or 
manufacturer contacts, computer data bases and response models, and 
other relevant sources of information addressing hazardous substance 
releases. Familiarization with 29 CFR 1926.60.
    (C) Review of the principles and practices for analyzing an incident 
to determine the hazardous substances present, their physical and 
chemical properties, the likely behavior of the hazardous substance and 
its container, the types of hazardous substance transportation 
containers and vehicles involved in the release, the appropriate 
strategy for approaching release sites and containing the release.
    (D) Review of procedures for implementing continuing response 
actions consistent with the local emergency response plan, the 
organization's standard operating procedures, and the current edition of 
DOT's ERG including extended emergency notification procedures and 
follow-up communications.
    (E) Review of the principles and practice for proper selection and 
use of personal protective equipment.
    (F) Review of the principles and practices of establishing exposure 
zones, proper decontamination and medical surveillance stations and 
procedures.
    (G) Review of the expected hazards including fire and explosions 
hazards, confined space hazards, electrical hazards, powered equipment 
hazards, motor vehicle hazards, and walking-working surface hazards.
    (H) Awareness and knowledge of the competencies for the Hazardous 
Materials Technician covered in the National Fire Protection 
Association's Standard No. 472, Professional Competence of Responders to 
Hazardous Materials Incidents.
    (4) Hazardous materials specialist.
    (A) Review of and demonstration of competency in performing the 
applicable skills of 29 CFR 1926.65(q).
    (B) Hands-on experience with retrieval and use of written and 
electronic information relative to response decision making including 
but not limited to the U.S. Department of Transportation's Emergency 
Response Guidebook (ERG), manufacturer material safety data sheets, 
CHEMTREC/CANUTEC, shipper or manufacturer contacts, computer data bases 
and response models, and other relevant sources of information 
addressing hazardous substance releases. Familiarization with 29 CFR 
1926.60.
    (C) Review of the principles and practices for analyzing an incident 
to determine the hazardous substances present, their physical and 
chemical properties, and the likely behavior of the hazardous substance 
and its container, vessel, or vehicle.
    (D) Review of the principles and practices for identification of the 
types of hazardous substance transportation containers, vessels and 
vehicles involved in the release; selecting and using the various types 
of equipment available for plugging or patching transportation 
containers, vessels or vehicles; organizing and directing the use of 
multiple teams of hazardous material technicians and selecting the 
appropriate strategy for approaching release sites and containing or 
stopping the release.

[[Page 176]]

    (E) Review of procedures for implementing continuing response 
actions consistent with the local emergency response plan, the 
organization's standard operating procedures, including knowledge of the 
available public and private response resources, establishment of an 
incident command post, direction of hazardous material technician teams, 
and extended emergency notification procedures and follow-up 
communications.
    (F) Review of the principles and practice for proper selection and 
use of personal protective equipment.
    (G) Review of the principles and practices of establishing exposure 
zones and proper decontamination, monitoring and medical surveillance 
stations and procedures.
    (H) Review of the expected hazards including fire and explosions 
hazards, confined space hazards, electrical hazards, powered equipment 
hazards, motor vehicle hazards, and walking-working surface hazards.
    (I) Awareness and knowledge of the competencies for the Off-site 
Specialist Employee covered in the National Fire Protection 
Association's Standard No. 472, Professional Competence of Responders to 
Hazardous Materials Incidents.
    (5) Incident commander.
    The incident commander is the individual who, at any one time, is 
responsible for and in control of the response effort. This individual 
is the person responsible for the direction and coordination of the 
response effort. An incident commander's position should be occupied by 
the most senior, appropriately trained individual present at the 
response site. Yet, as necessary and appropriate by the level of 
response provided, the position may be occupied by many individuals 
during a particular response as the need for greater authority, 
responsibility, or training increases. It is possible for the first 
responder at the awareness level to assume the duties of incident 
commander until a more senior and appropriately trained individual 
arrives at the response site.
    Therefore, any emergency responder expected to perform as an 
incident commander should be trained to fulfill the obligations of the 
position at the level of response they will be providing including the 
following:
    (A) Ability to analyze a hazardous substance incident to determine 
the magnitude of the response problem.
    (B) Ability to plan and implement an appropriate response plan 
within the capabilities of available personnel and equipment.
    (C) Ability to implement a response to favorably change the outcome 
of the incident in a manner consistent with the local emergency response 
plan and the organization's standard operating procedures.
    (D) Ability to evaluate the progress of the emergency response to 
ensure that the response objectives are being met safely, effectively, 
and efficiently.
    (E) Ability to adjust the response plan to the conditions of the 
response and to notify higher levels of response when required by the 
changes to the response plan.

[58 FR 35129, June 30, 1993, as amended at 59 FR 43275, Aug. 22, 1994: 
61 FR 5510, Feb. 13, 1996]