When minor chemical spills are incidental rather than emergencies

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

November 2, 1990

Mr. Dean G. Kratz
McGrath, North, Mullin & Kratz, P.C.
[Recipient address omitted]
Dear Mr. Kratz:

This is in response to your August 7, 1990, letter where you indicated that 29 CFR 1910.120 does not apply because all example conditions referenced by your client can be "absorbed, neutralized or otherwise controlled at the time of the release by employees in the immediate area, or by maintenance personnel."

The position that we presented to Mr. Larry Huston in our July 25, 1990, letter continues to be our position. Nuisance spills, minor releases, etc., which do not require immediate attention (due to lack of danger to the employees) are not considered emergencies. The quantity of product spilled does not by itself determine if an incidental spill has occurred. Variables include the type of material spilled and the location of the spill. An ordinary spill that can be safely handled by workers is not an emergency. Such employees must have the proper equipment and training under the other OSHA standards, such as the Hazard Communication Standard (29 CFR 1910.1200). However, the examples described by Mr. Huston seem to indicate a potential for exposure of employees to hazardous substances and in amounts in excess of those that could be categorized as ordinary. Anhydrous ammonia, chlorine, and some agricultural chemicals are quite capable of creating emergency spills.

I hope this clarifies the issue. If you have any other questions, please do not hesitate to contact us.

Sincerely,
Patricia K. Clark Director
Directorate of Compliance Programs

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