[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR300.150]

[Page 37]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 300_NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN--
 
         Subpart B_Responsibility and Organization for Response
 
Sec.  300.150  Worker health and safety.

    (a) Response actions under the NCP will comply with the provisions 
for response action worker safety and health in 29 CFR 1910.120. The NRS 
meets the requirements of 29 CFR 1910.120 concerning use of an incident 
command system.
    (b) In a response action taken by a responsible party, the 
responsible party must assure that an occupational safety and health 
program consistent with 29 CFR 1910.120 is made available for the 
protection of workers at the response site.
    (c) In a response taken under the NCP by a lead agency, an 
occupational safety and health program should be made available for the 
protection of workers at the response site, consistent with, and to the 
extent required by, 29 CFR 1910.120. Contracts relating to a response 
action under the NCP should contain assurances that the contractor at 
the response site will comply with this program and with any applicable 
provisions of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.) (OSH Act) and state laws with plans approved under section 
18 of the OSH Act.
    (d) When a state, or political subdivision of a state, without an 
OSHA-approved state plan is the lead agency for response, the state or 
political subdivision must comply with standards in 40 CFR part 311, 
promulgated by EPA pursuant to section 126(f) of SARA.
    (e) Requirements, standards, and regulations of the OSH Act and of 
state OSH laws not directly referenced in paragraphs (a) through (d) of 
this section, must be complied with where applicable. Federal OSH Act 
requirements include, among other things, Construction Standards (29 CFR 
part 1926), General Industry Standards (29 CFR part 1910), and the 
general duty requirement of section 5(a)(1) of the OSH Act (29 U.S.C. 
654(a)(1)). No action by the lead agency with respect to response 
activities under the NCP constitutes an exercise of statutory authority 
within the meaning of section 4(b)(1) of the OSH Act. All governmental 
agencies and private employers are directly responsible for the health 
and safety of their own employees.