When a spill triggers HAZWOPER emergency response

July 31, 1990
Mr. Terry A. Noteboom
Environmental Engineer
Rockwell International Avionics Group
[Recipient address omitted]
Dear Mr. Noteboom,
This is in response to your letter of April 12 requesting clarifications of the Occupational Safety and Health Administration (OSHA) standard for Hazardous Waste Operations and Emergency Response (29 CFR 1910.120). Please accept my apology for the delay in this reply.
You mentioned that the definition section under emergency response appears to exempt "incidental" spills cleaned up by maintenance personnel. The intent is that spills without emergency consequences are not covered by the emergency response provisions of this standard. As you may be aware, the quantity of product spilled does not by itself determine if an incidental spill has occurred. Several variables, including the volume of the spill, must be considered in evaluating the hazard of the release to employees. Examples of other variables include the type of material spilled and the location of the spill. Other OSHA standards such as the Hazard Communication Standard (29 CFR 1910.1200) would be applicable for incidental spills.
For the definition of "emergency response" to be satisfied:

1. The release or situation must pose an emergency. Examples are: it may cause high levels of exposures to toxic substances, it is life or injury threatening, employees must evacuate the area, it poses IDLH conditions, it poses a fire and explosion hazard (exceeds or has potential to exceed 25% of the LEL), it requires immediate attention because of danger, or presents an oxygen deficient condition. Nuisance spills, minor releases, etc., which do not require immediate attention (due to danger to employees) are not considered emergencies.
2. An ordinary spill that can be safely handled by the workers is not an emergency. Such employees must have the proper equipment and training under other OSHA standards such as the Hazard Communication Standard.
   The training requirements for employees responding to control a spill which could result in an emergency situation are outlined in section (q)(6) of the standard. The amount of training specified is based on the duties and functions to be performed by each responder. The requirements for post-emergency clean-ups are set forth in (q)(11) of the standard.
   Where applicable, all employees involved in an emergency response must be trained under 29 CFR 1910.120. Thus, your options are to ensure employees are adequately trained to respond or use emergency response contractors for small and large spills and provide an emergency action plan in accordance with [29 CFR 1910.38]. To further 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."
   I hope this information is helpful.
   Sincerely,
   Patricia K. Clark, Director Designate
   [Directorate of Enforcement Programs]
   Enclosure
   (Correction 2/10/2003)

[Separate OSHA training article reproduced on OSHA page; omitted here.]