Employees who design and engineer hazardous waste facilities and their coverage under 1910.120.

March 13, 1991

Mr. Reed T. Warnick
Vice President and General Counsel
Ford, Bacon & Davis Utah, Inc.
[Recipient address omitted]
Dear Mr. Warnick:

This is an update to our response to your inquiry of February 12, concerning the application of the Hazardous Waste Operations and Emergency Response Standard (29 CFR 1910.120).

Your specific question is the coverage of employees who design and engineer hazardous waste facilities. Such employees may be at an incinerator on a limited basis in connection with site inspections for purposes of design criteria or operational testing.

Employees who have regular duties in permitted or interim status areas (see 29 CFR 1910.120(a)(iv)) are covered by section (p) of the standard. Other workers who temporarily need to be in these areas may be covered by the emergency response provisions under (q) of the standard if they are in an area where there is a possibility of an emergency resulting from a hazardous substance. The level of training is based on the type of response the employees would be taking (e.g., approximately 4 hours for awareness level training to more than 24 hours for hazmat teams). In addition, other OSHA standards such as the Hazard Communication Standard, may be applicable.

As you may be aware, the state of Utah administers its own occupational safety and health program under the provision of the Occupational Safety and Health Act of 1970. If you wish to contact them the address and telephone number are:

Douglas J. McVey
Administrator
Utah Occupational Safety and Health
160 East 300 South
P.O. Box 5800
Salt Lake City, Utah 84110-5800

Telephone: (801) 530-6900

We hope this information is helpful.

Sincerely,
Gerard Scannell
Assistant Secretary

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