Oil spill cleanup and post-emergency training

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

September 11, 1989

Mr. C. T. Sawyer
Vice President
American Petroleum Institute
[Recipient address omitted]
Dear Mr. Sawyer:

This is in response to your letter dated July 21 addressed to Acting Assistant Secretary Alan C. McMillan, concerning the application of 29 CFR 1910.120 to post-emergency clean-up operations including oil spill clean-ups.

As you are aware, under the post-emergency response operations requirements of 29 CFR 1910.120(q)(11) an employer has the option of complying with one of the following:

1. Meet all of the requirements of paragraphs (b) through (o) of 29 CFR 1910.120; or

2. Where the cleanup is done on plant property using plant or workplace employees, such employees shall have completed the training requirements of the following: 29 CFR 1910.38(a); 1910.134; 1910.1200, and any 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.

It appears that the relief you are requesting is for the Occupational Safety and Health Administration (OSHA) to allow employers involved in the clean-up of oil spills to comply with option 2 above. Since the standard explicitly makes the distinction between activity done on plant property versus activity off the plant site, we believe that a compliance directive is not the appropriate medium for addressing your request.

I have forwarded a copy of your letter to Barry White, Director of Safety Standards Programs. As you know, the standard is being challenged in the United States Court of Appeals for the District of Columbia Circuit. AFL-CIO et al v OSHA, No. 89-1296. Training is one of several provisions that the Court is being asked to review in that case, in which the API has intervened. In addition, OSHA intends to publish a Notice of Proposed Rulemaking setting forth requirements that initial training for employees be given only through training programs with OSHA certification.

In general, OSHA will be enforcing the need for a minimum of 24 or 40 hours of training as specified in 29 CFR 1910.120 (e). There may be cases where OSHA's variance procedures may be appropriate or where OSHA would determine that a specific situation at a worksite warrants a de minimis violation. For further information on OSHA's variance procedures you can contact Mr. James Concannon at (202) 523-7193.

I hope this information is helpful. If we can be of further assistance, please let me know.

Sincerely,
Thomas J. Shepich, Director
Directorate of Health Compliance

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