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HAZWOPER coverage for community emergency responders

Summary A federal training project questioned whether community response personnel fell under HAZWOPER. Based on the supplied information and state emergency response planning requirements, OSHA disagreed with the proposed exclusion and said community responders were covered by 29 CFR 1910.120.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1995-02-03
Date issued
February 3, 1995
Status
Active
Status last verified October 9, 2026
Topics
Workplace Safety OSHA 1910 Hazwoper Emergency Response
Source
View the official document

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About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

February 3, 1995

Phyllis G. Thompson, Ph.D.
Project Director CSEPP Technical Training
Federal Emergency Management Agency
[Recipient address omitted]
Dear Dr. Thompson:

This letter is in response to your January 3, letter to Ms. Dorothy Daugherty, Agency Liaison Officer with the Office of the Secretary. Your letter and the supporting documentation indicate that you do not feel that the Occupational Safety and Health Administration's (OSHA) standard on Hazardous Waste Operations and Emergency Response (HAZWOPER - 29 CFR 1910.120) would apply to community response personnel. Based upon a review of the information that you have provided this agency, coupled with the requirements for states to develop a State Emergency Response under SARA Title III, OSHA disagrees with your findings; community responders would be covered by 29 CFR 1910.120.

We appreciate your review and analysis on the coverage of community responders. The information you provided will be considered in any further evaluation of jurisdictional issues related to the HAZWOPER standard.

Should you have any questions concerning this matter, please contact [the Office of Health Enforcement at (202) 693-2190].

Sincerely,
John B. Miles, Jr., Director
Directorate of Compliance Programss

------------------------------------------------------------------------

[Corrected 12/6/2024]

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