HAZWOPER coverage of clean support-zone staff

January 26, 1993
Warren Houseman
Manager, Health and Safety
IT Corporation
[Recipient address omitted]
Dear Mr. Houseman:
This is in response to your inquiry of December 17 concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response (HAZWOPER) regulation, 29 CFR 1910.120.
Your question concerns clarification on the application of the HAZWOPER standard to support zone personnel at a CERCLA thermal destruction site. The standard states in paragraph (a)(1) that employees involved in hazardous waste operations are covered by the standard "unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility of employee exposure...."
Since, as you state in your letter, these support zone personnel are administrative staff who do not enter contaminated areas, are not involved in hazardous waste operations, and are not exposed to hazardous substances (based on the results of daily monitoring), OSHA concurs that they are not covered by the standard and the training requirements of 29 CFR 1910.120 do not apply. An evacuation plan is required under 29 CFR [1910.38] and these personnel must be trained in evacuation procedures.
We hope this information is helpful. If you have any further questions please contact the [Office of Health Enforcement at (202) 693-2190].
Sincerely,
Roger Clark,
Director
[Directorate of Enforcement Programs]

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

[Corrected 4/15/03]