HAZWOPER response duties in a laboratory setting

November 15, 1990

Mr. Donald F. Bates
Head, Environmental Health & Safety
HUGHES Santa Barbara Research Center
[Recipient address omitted]
Dear Mr. Bates:

This in an update to our response to your inquiry requesting interpretation of OSHA's final standard for Hazardous Waste Operations and Emergency Response (29 CFR 1910.120).

Your letter does not provide sufficient facts upon which to render a determinative answer to your questions whether your "laboratory setting" is covered under the emergency response section of the standard.

If your "laboratory setting" is not within the confines of the treatment, storage and disposal (TSD) operations and deals with incidental release of hazardous substances, it is not considered to be an emergency response within the scope of 29 CFR 1910.120. Such employees, however, must have the proper equipment and training under other OSHA standards such as the Hazard Communication Standard (29 CFR 1910.1200) to handle this type of incident. If the release poses an emergency then you must comply with the training provision of the standard (29 CFR 1910.120(q)). When determining whether a situation constitutes an emergency the key factor which must be considered on a case-by-case basis is the actual or estimated exposure or degree of danger to responders, other workers, neighbors, etc. In order to determine this, other factors such as the size of the spill, the material spilled, and the location of the incident (e.g., confined space) play a significant role.

If the laboratory setting is within the confines of the TSD operations then the training provisions of (p) apply.

The State of California has administered its own occupational safety and health program since 1973, under the provisions of the Occupational Safety and Health Act of 1970. As part of that program, the State is responsible for the enforcement of occupational safety and health standards in the State of California, subject to monitoring by the Federal Occupational Safety and Health Administration (OSHA).

I hope that this helps in your concern.

Sincerely,
Gerard F. Scannell
Assistant Secretary

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