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Meaning of hazardous waste under HAZWOPER

Summary A regional office asked OSHA for a simpler definition of hazardous waste under HAZWOPER. OSHA said it adopted EPA and DOT terminology for consistency and could not simplify it without losing that alignment; the standard’s hazardous-waste-operation definition also incorporates hazardous substances. The answer matters to employers and safety staff deciding whether work falls under HAZWOPER.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1989-05-11
Date issued
May 11, 1989
Status
Active
Status last verified October 10, 2026
Topics
Workplace Safety OSHA 1910 Hazardous Waste
Source
View the official document

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About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

May 11, 1989

MEMORANDUM FOR: R. DAVIS LAYNE

REGIONAL ADMINISTRATOR

THROUGH: LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS

FROM: PATRICIA K. CLARK, ACTING DIRECTOR DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT: North Carolina Request for Another Definition for Hazardous Waste

This is in response to your inquiry on behalf of Michael D. Ragland, Deputy Commissioner for Health and Safety, State of North Carolina, requesting a definition of "hazardous waste" under 29 CFR 1910.120 that is easier to understand and apply.

As you are aware, the definition for "hazardous waste" has been taken from the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) regulations. This has been done to assure consistency and compatibility between the OSHA standard and the rules and regulations of the EPA and DOT. It was not possible to simplify the definition while remaining consistent with these other regulations.

The definition of "hazardous waste operation" under 29 CFR 1910.120 incorporates both "hazardous waste" and "hazardous substances." All substances that are "hazardous waste" are also classified as "hazardous substances." The intent of the standard is for "hazardous substances" to include all substances that exposure to which results or may result in adverse effects on the health and safety of employees.

I hope this information is helpful.

[Requester letter reproduced on OSHA page; omitted here.]

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