HAZWOPER training for workers in clean site areas

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

July 30, 1990

Mr. John B. Moran, Laborers' National Health and Safety Fund
[Recipient address omitted]
Dear Mr. Moran:

This is in response to your letter to Mr. John B. Miles, Jr., Boston Regional Administrator, concerning the standard for Hazardous Waste Operations and Emergency Response (29 CFR 1910.120).

Your question concerns the application of this standard to activity on "clean areas" of a site designated for clean-up by a governmental body. Potentially the entire geographic area of the site designated for clean-up by a governmental body could fall under 1910.120. Once areas are characterized, however, employees are not covered by the standard if they:

1. Work exclusively within uncontaminated areas of the hazardous waste site.

2. Do not enter areas where hazardous waste may exist, are stored or are processed; and

3. Are not exposed or potentially exposed to health or safety hazards related to hazardous waste operations.

Consequently, those engaged in construction activities in uncontaminated areas which meet all of the conditions described above are not required to be trained under the standard. However, if employees' work activities do not meet all of the exclusion criteria described above, employees must be trained for the duration and in the subjects specified in paragraph 1910.120(e).

It is the responsibility of the employers of any workers at the site to ensure adequate site characterization. The information that is needed to be gathered is set forth in 1910.120(c). As a result of this process, employers are able to designate contaminated (hot zones) and uncontaminated areas. If site activities or weather conditions change, employers must have ongoing site characterization programs.

I hope this information is helpful.

Sincerely,

Patricia K. Clark Director Designate Directorate of Compliance Programs

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