Emergency-response interpretation in North Carolina state-plan jurisdiction

January 28, 1991

Joseph F. Meyers, Director
Division of Emergency Management
North Carolina
Department of Crime Control
and Public Safety
[Recipient address omitted]
Dear Mr. Meyers:

This is in response to your letter of November 30, 1990, addressed to Roger Clark, Director, Directorate of Safety Standards Programs, concerning the emergency response provisions of the Occupational Safety and Health Administration (OSHA) Standard, 29 CFR 1910.120.

As suggested in your letter, a member of my staff has discussed your inquiry with Elaine Wathen of your office, and Ms. Wathen has provided us with supplemental information pertinent to your questions. After reviewing the supplemental information, we concur with the technical interpretations provided in the December 21, 1990, response to you from Michael D. Ragland, Deputy Commissioner of the North Carolina Department of Labor.

As you may be aware, the North Carolina Department of Labor administers an OSHA-approved state occupational safety and health program for both private and public sector employers and employees in North Carolina. The state OSHA program is responsible for effectively implementing all facets of the Occupational Safety and Health Act of North Carolina including providing interpretations of safety and health standards. Federal OSHA monitors state activities to ensure effective state program performance.

To understand the full scope and application of 29 CFR 1910.120 and assure compliance with OSHA's Hazardous Waste Operations and Emergency Response Standard, you should consider utilizing the services of the North Carolina Division of Consultative Services. On-site consultation on safety and health matters are available, upon request, from the North Carolina Department of Labor.

I hope this information is responsive to your concerns.

Sincerely yours,

Patricia K. Clark, Director
Directorate of Compliance Programs

[North Carolina Department of Labor’s interpretation and other correspondence reproduced on the OSHA page; omitted here.]