Safety coverage for volunteer hazardous-material responders

February 12, 1992
Robert T. Turner
[Recipient address omitted]

Dear Mr. Turner:
This is in response to your inquiry of January 2, concerning the Occupational Safety and Health Administration's (OSHA) regulations that may apply to your work.

You have asked us to bring to your attention any federal regulations that apply to volunteer Emergency Medical Technicians (EMT), who may be asked to respond as part of a Hazardous Materials Rescue Team, among other duties.

The state of Tennessee operates under an OSHA approved state plan, which covers all occupational safety and health concerns for Tennessee. As a state with an approved plan, Tennessee must provide employee protection that is "at least as effective" as Federal OSHA's, and may be more stringent. You may contact Tennessee's office at the following address:

Tennessee Department of Labor
Attn: Robert Taylor
501 Union Building
Suite "A" - 2nd Floor
Nashville, TN 37243-0655
(615) 741-2582

Enclosed please find several federal OSHA regulations that have been published in the last few years that may pertain to your work. Please keep in mind that you will have to contact the Tennessee Department of Labor for occupational safety and health regulations that may be more effective than Federal OSHA's standards.

Federal OSHA does not generally cover volunteers, unless they are compensated in some way and would therefore be considered employees. Even if Federal OSHA does not cover a volunteer, the state of Tennessee may.

In a special case the United States Environmental Protection Agency (EPA) adopted OSHA's Hazardous Waste Operations and Emergency Response (HAZWOPER) standard, codified as 40 CFR 311, and included uncompensated workers (volunteers). EPA's definition of "employee" covers workers that federal OSHA could not otherwise protect. (EPA also encouraged OSHA's approved state plans to include volunteers in their definition of employee for all regulations.) Compensated employees and volunteers who may be involved in emergency responses involving hazardous substances "regardless of location," and are covered by EPA or the state's expanded definition of employee, must be trained in accordance with the HAZWOPER standard (see paragraph (q) in the enclosed HAZWOPER standard).

Thank you for your concern in the safety and health practices of your organization and in your efforts to comply with OSHA's regulations. I hope this information is helpful. If you have any further questions please contact Federal OSHA's Office of Health Compliance Assistance at (202) 523-8036, or the state of Tennessee at the above phone number.

Sincerely,
Patricia Clark,
Director Directorate of Compliance Programs
Enclosures