Safety oversight of hazardous-waste burning at cement kilns

May 15, 1996

Mr. Thomas Blank
Communications Director
Association for Responsible
Thermal Treatment
[Recipient address omitted]
Dear Mr. Blank:

This is an updated response to your letter of December 23, 1994, concerning worker protection for employees incinerating hazardous waste on cement plant property. You raised concerns that the Mine Safety and Health Administration (MSHA) does not have the similar standards as the Occupational Safety and Health Administration (OSHA) for employees at hazardous waste facilities.

Senior management personnel from OSHA met with MSHA representatives to discuss worker safety and health issues at these hazardous waste incinerators under MSHA's jurisdiction. Both agencies, OSHA and MSHA, are committed to ensuring the safety and health of workers under their jurisdiction and both have their own approach to accomplishing that goal. We cannot agree with your characterization of a "loophole in the Department of Labor's regulatory jurisdiction."

OSHA has developed experience with inspection and evaluation of hazardous waste incinerators. The agency has realized that the multifaceted aspects of the hazardous waste incinerator work environment present a complex mix of worker safety issues. Based on this experience, OSHA will provide MSHA with technical support and inspection guidance ensuring the communication of lessons we have learned. Further, the agencies will continue to coordinate on hazardous waste incineration safety and health concerns, as necessary.

The consensus was that MSHA remains the agency best suited to provide worker safety and health protection at the incinerator facilities. However, OSHA and MSHA personnel will continue to work together, as needed, in the development of regulations which improve the working conditions of American workers.

Thank you for your interest in worker safety and health.

Sincerely,
Ruth McCully, Director
Office of Health Compliance Assistance

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