HAZWOPER emergency response at food and chemical plants

July 25, 1990

Mr. Larry Huston
Manager of Loss Control
ConAgra, Inc.
[Recipient address omitted]
Dear Mr. Huston:

This is in response to your letter of June 7 concerning the application of the Hazardous Waste Operations and Emergency Response standard (29 CFR 1910.120) to specific operations.

This standard covers clean-up operations of hazardous substances, licensed or interim status hazardous waste treatment, storage, or disposal (TSD) facilities, emergency response activities at these two operations in addition to emergency response situations involving hazardous substances that occur at locations other than hazardous waste sites and TSD facilities. All other pertinent standards, including those involving hazardous materials, also apply to these operations. If there is a conflict or overlap, the provision more protective of employee safety and health apply. (See 29 CFR 1910.120(a)(2)(i).

Section (q) of the standard applies to the following examples you gave in your letter of operations which use hazardous substances in a manner where there may be potential emergencies:

1. Anhydrous ammonia used as a cooling agent;

2. Manufacturing, processing, and storing of agricultural farm chemicals; and

3. Chlorine used as a bleaching agent during the processing of flour for baking.

Nuisance spills, minor releases, etc. which do not require immediate attention (due to danger to employees) are not considered emergencies. Where applicable, all employees involved in an emergency response must be trained under 29 CFR 1910.120. The type and amount of training is based on the duties and functions to be performed by the employees. To assist you with the training requirements under this standard, I have enclosed a copy of the following OSHA article, "Hazardous Waste Operations and Emergency Response: A Closeup Look at Training." If you have further questions, please feel free to contact OSHA's Kansas City Regional office at:

Regional Administrator
U.S. Department of Labor - OSHA
911 Walnut Street, Room 406
Kansas City, Missouri 64106
Telephone: (816)426-5861

I hope this information is helpful.

Sincerely,
Patricia K. Clark Director
Designate Directorate of Compliance Programs

Enclosure

[Requester letter and separate OSHA training article reproduced on OSHA page; omitted here.]