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HAZARDOUS MATERIAL S
Regulations, Response, and Site Operations

Second Edition

Paul Gantt

; \ DELMA R
1% CENGAGE Learning-

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Hazardous Materials: Regulations, Response, © 2009 Delmar, Cengage Learning

and Site Operations, Second Edition
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Paul Gantt
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Publisher does not warrant or guarantee any of the products described herein or perform any independent
analysis in connection with any of the product information contained herein. Publisher does not assume, and
expressly disclaims, any obligation to obtain and include information other than that provided to it by the
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makes no representations or warranties of any kind, including but not limited to, the warranties offitnessfor
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or reliance upon, this material.

Printed in the United States of America

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 PREFACE

INTENT OF THIS BOOK

This book is specifically designed for HAZWOPER courses, but anyone whose work activi­
ties place him in potential contact with hazardous substances will benefit from reading this
book. The book is written by a team of working professionals in both the public and private
sectors. Through this experience, we have recognized that many of the concepts of safe han­
dling, personal protection, and the implementation of safety systems are universal whether
the work involves handling materials at a site, cleaning up the materials if they are released,
or in bringing control to a chaotic situation where an emergency is created by the accidental or
intentional release of a hazardous material. The book provides a broad range of easy-to-follow
concepts for use in such areas.

WHY WE WROTE THIS BOOK

The world of dealing with site operations and emergency response activities where hazard­
ous materials are found is quite complex and continually changing. Unfortunately, many of
the textbooks and materials that are used to help train personnel who work in these fields
are themselves complicated and confusing. As a result of this, personnel are often confused
or may even have conflicting or incorrect information.
Because of this, our team began the process of providing a complete update to the first
edition of the textbook that was published a few years ago. Since then, much has changed
in the world of hazardous materials response and site operations. The dramatic events
of September 11, 2001, and the anthrax scare that followed, showed that our systems of
response must be ready for not just accidental releases of hazardous substances, but also for
those that are intentional. Add to this the issues identified in the post-Hurricane Katrina
responses in August 2005. Cleanup of sites where hazardous materials were released has
now taken on an order of magnitude never recognized before.
During all this time our team has been developing response systems, implementing safety
programs, investigating accidents, and presenting training programs to a host of groups on
these topics. As we presented those systems and programs, we felt the need to keep things
simple, for in simplicity comes a greater assurance that the response and activities would be
conducted in the right way. We found that often more is not better, for more protection does
not necessarily ensure the right amount of protection. So the text is written in such a way
that it is easy to understand and the concepts are more easily implemented.

HOW THIS BOOK IS ORGANIZED

This book progresses logically through the various topics required for a HAZWOPER course,
and focuses on simplifying the complex nature of this technical subject. Each chapter is pre­
sented in a straightforward manner, which is easy to understand.

VI
Preface vii

Chapter 1 begins with the basics and highlights the regulations that guide the re­
sponse to hazardous materials spills.
Chapter 2 documents the importance of hazard control in order to help reduce risk. It
details the elements of each control and how to use this information to conduct self-
analysis and provide protection from hazards.
Chapter 3 dives into toxicology and reveals the impact of various chemicals and other
hazards on those who work and are involved in response to these materials.
Chapter 4 identifies the different hazardous materials classes and the physical haz­
ards associated with each class.
Chapter 5 explains the various identification systems and how they can be an essen­
tial aid for workers and responders when dealing with hazardous materials.
Chapter 6 covers respiratory protection and the advantages and disadvantages of dif­
ferent classes in specific situations.
Chapter 7 outlines personal protective equipment—listing the various types and iden­
tifying the conditions that require certain levels of protection.
Chapter 8 steps the reader through decontamination. It covers the procedures and
processes of this undertaking, and the factors that determine the extent to which de­
contamination is required for various situations.
Chapter 9 covers the associated hazards of working in confined spaces and the neces­
sary steps to provide protection to those who work in these environments.
Chapter 10 explains the all-important aspect of air monitoring and how proper use of
air monitoring equipment can help to save lives.
Chapter 11 provides an overview of site control, supervision, and incident manage­
ment. Essential to the successful outcome of an incident, this chapter describes the
function and necessity of the procedures in leading a response team.
Chapter 12 pulls everything learned in the previous chapter together by applying the
various concepts to different scenarios. Included in this chapter are a step-by-step ex­
planations for a clean-up scenario and emergency response to an unknown substance.

FEATURES OF THIS BOOK KffiF*

mm
Each chapter combines technical content along with learning features to help aid in the un­
derstanding of various concepts.
• Case studies depict actual events in the United States which required hazardous
materials response. These cases tie into the concepts presented in the chapters, and
explain the importance of learning and understanding these concepts for protection
against hazards and the successful outcomes to incidents.
• Key terms define and explain the concepts for a more thorough understanding of the
subject.
• Notes highlight important information that readers need to learn. These notes also
serve a helpful tool for review.
• Safety notes outline information essential to the health and safety of workers and re­
sponders dealing with hazardous materials. These notes are aimed at protecting and
preventing on-the-job injuries and deaths.
• Bulleted summaries outline important concepts learned in the chapters and serve as
a helpful tool for review.
viii

Review questions tie into the learning objectives and pinpoint important concepts in
the chapters. The questions are helpful for evaluating knowledge of the content in the
chapter.
Activities at the end of each chapter present various scenarios that require the ap­
plication of content learned in the chapters. Presenting realistic response situations,
these activities are essential for evaluating the skills required for response.

NEW TO THIS EDITION

While our first edition was successful in its approach to presenting a comprehensive over­
view of the topics, the second edition benefits from a lot more years of experience in watch­
ing those concepts at work. Like students, good teachers also learn as they gain experience
and further expertise in their respective fields. During the time that the first edition was
used, the team involved in the development of the second edition was also taking courses,
learning from the best of the best. Our certifications and qualifications have expanded to
include certification by the Board of Certified Safety Professionals, Office of the State Fire
Marshal, and as EPA Certified Registered Environmental Assessors. Team members have also
served as expert witnesses and have provided testimony in a large number of cases where ac­
cidents have resulted. When such accidents occur, every detail of the operation or response
activity is subject to extreme scrutiny and significant learning can result.
This learning is also passed on in the development of the book. The extent of revision
for this new edition was determined by these collaborative experiences, which resulted in
some key additions:
• New chapter on Hazard and Risk Assessment, an important topic in HazMat re­
sponse, focuses on reducing risk to protect workers and responders—both in public
and private settings. This chapter also highlights the overlap between HAZWOPER
response personnel and those responsible for homeland security.
• Up-to-date regulations and standards: this book serves as a guide to the policies that
determine the actions of the hazardous materials responders. The book opens with an
overview of these regulatory documents and articulates between the various levels of
HazMat operations.
• New technology is introduced in this book, including the latest in air monitoring, to
keep responders apprised of the most current equipment in the industry.
• Current cases and scenarios integrated into the chapters provide a realistic framework
for the job of a hazardous materials responder—including hazardous materials, terror­
ism, and natural disaster response.

SUPPLEMENT TO THIS BOOK

We have created an instructor's e.resource CD-ROM that contains many helpful tools to pre­
pare for classroom presentations and student evaluation:
• Lesson plans outline important concepts in each chapter and correlate to the accom­
panying PowerPoint presentations, creating a seamless set of plans for classroom
instruction.
• PowerPoint presentations correlated to the accompanying Lesson plans combine
chapter outlines with graphics and photos from the book to enhance classroom pre­
sentations. PowerPoint presentations are editable so that instructors may incorporate
their own notes if they choose.
 Ix

• Quizzes in Word format allow instructors to evaluate student knowledge of the con­
cepts presented in each chapter. Quizzes are editable so that instructors may edit or
add questions based on the needs of the class.
• The Image Library is available as an option for instructors. Organized by chapter and
figure number, graphics and photos from the book may be printed out or used to sup­
plement the PowerPoint presentations for the classroom.
Order*: 1-4180-4993-X

fit-
ABOUT THE AUTHOR
Paul W. Gantt is the current President of Safety Compliance Management, Inc. (SCM), and is
one of the founding partners of the corporation. Paul has over 30 years of experience work­
ing in the emergency management field, serving in a variety of positions. His career includes
over 15 years of working in the Fire Service, where he held a variety of positions from Fire­
fighter through Fire Chief. He has also been actively involved in providing training for over
25 years to a large number of varied audiences.
While in the Fire Service, Paul worked as a Firefighter/Paramedic, Paramedic Opera­
tions Officer, Training Officer, Fire Captain, Battalion Chief, Fire Marshal, Deputy Fire Chief,
Radiological Officer, and Fire Chief. He held these positions through his career, which in­
cluded service in four different fire agencies. In addition, Paul was elected to serve on the
Board of Directors for the California Fire Training Officers' Association and also served as its
President. He is a Life Member in the Fire Training Officers' Association.
In addition to his experience in the Fire Service, Paul is a Certified Safety Professional (CSP)
and Registered Environmental Assessor with California EPA, and works in the field of health
and safety services, where he develops and delivers training programs, provides consultation
to clients on areas involving regulatory compliance, and serves as an expert witness. He is in
wide demand as a public speaker and is regularly invited to be a guest lecturer for a number
of programs and audiences. As a trainer, he has taught at a variety of colleges and universities
throughout California and has served as an instructor for the University of California Berkeley
Extension programs. He is certified by the State of California Office of the State Fire Marshal,
Governor's Office of Emergency Services, Federal Emergency Management Agency, California
EPA, and the University of California to provide a wide array of training programs in areas that
include hazardous materials handling and response, emergency preparedness and response,
occupational health and safety, and regulatory compliance.

ACKNOWLEDGMENTS
When it comes to dealing with hazardous materials, whether as a site worker or emergency
responder, there are no Lone Rangers. As we know, these materials can present a complex
range of hazards to us, and no one person can effectively deal with these by himself. We are
taught to use the buddy system as we enter areas where hazardous materials are present, to
have a number of personnel serve as part of a backup team in our response efforts, and to
involve others who have specific expertise in dealing with these materials when we handle
them.
So too is the process of writing a comprehensive textbook covering site and response op­
erations; even this is a team effort. No one person can possibly know all of what is required
in such a broad and complex field. So in writing this book, it is appropriate to acknowledge
the efforts of a team of people who have contributed to the second edition.
These people include a large number of the students to whom we have trained over
the many years of teaching various hazardous materials topics. These students share their
x

individual knowledge in class, knowledge that we then use in future classes. They also ask
the relevant questions in these courses and identify topics that we included in this second
edition. These additional topics help to complete the list of materials that make this edition
even more complete than the first.
There is the team at our firm, Safety Compliance Management (SCM). The SCM team of
instructors and trainers include those with expertise in site operations and who have worked
in industries around the world. Rob Williamson is one of those whose broad knowledge
of these types of operations has added to this edition. Another team member is Ron Gantt,
whose expertise in regulations related to handling and transporting hazardous wastes has
contributed to a more detailed discussion of these topics. Both of these professionals were
very helpful in identifying the types of topics that should be explained as well as providing
significant insight on how best to explain some of the more complicated items.
Also, there was the direct help of the team who worked directly to pull all of the pieces
together. The graphics and pictures were largely the result of considerable effort of Melody
Benedict, whose talent and experience in these areas provided the clarity of the artwork for
this edition. And the head of the team was my wife Laura, whose tireless efforts led to the,
albeit late, submissions of the materials to the team at Cengage Learning. Laura was the one
who herded the cats to edit the manuscripts, coordinated the submittals, and packaged the
materials together so that the experts at Cengage Learning could work their magic.
And then there are those who offered up their help to make available facilities and
equipment. These include members of the San Ramon Valley Fire Protection District, Contra
Costa County Health Services, and a number of clients of our firm. Without their help, the
text would not have been completed.
The authors and publisher also wish to thank the reviewers who participated in review­
ing the manuscript and offered recommendations for the new edition:
Richard Bahena Tracy Rickman
Instructor/Coordinator Fire Coordinator
El Paso Community College Fire Rio Hondo College Fire Academy
Technology Academy Santa Fe Springs, CA
El Paso, TX
Jim Thomas
Corey Molinelli Corporate Safety Specialist
President Leprino Foods
Molinelli Consulting Services Denver, CO
Deltona, FL
Harold Richardson
Chief of Training/Safety Officer
Yarmouth Fire Department
Yarmouth, Nova Scotia
 CONTENTS

Preface VI

Chapter 1 Hazardous Materials Regulatory overview 1

■ CASE STUDY/2 ■ INTRODUCTION/2 ■ REGULATORY
DRIVERS/5 ■ HAZARD COMMUNICATION STANDARD: 29 CFR,
PART 1910.1200/6 ■ ENVIRONMENTAL REGULATIONS/15
■ THE HAZWOPER REGULATION/17 ■ SUMMARY/43
■ REVIEW QUESTIONS/44 ■ ACTIVITY/45

Chapter 2 Hazard and Risk Assessment K

■ CASE STUDY/47 ■ INTRODUCTION/47 ■ HAZARD AND RISK
ASSESSMENT/50 ■ HAZARD CONTROL: REDUCING THE RISK/54
■ DOCUMENTING HAZARD AND RISK ASSESSMENTS/59
■ SUMMARY/65 ■ REVIEW QUESTIONS/65 ■ ACTIVITY/66

Chapter 3 Principles of Toxicology 67

■ CASE STUDY/68 ■ INTRODUCTION TO TOXICOLOGY/68
■ BACKGROUND/69 ■ EXPOSURE MECHANISMS/71
:'. CONCLUSION: THE DOSE MAKES THE POISON/97
m SUMMARY/97 » REVIEW QUESTIONS/99 ■ ACTIVITY/99

Chapter 4 Hazardous Materials Classes and Physical Hazards 100

3 CASE STUDY/101 ■ INTRODUCTION/101 ■ EXPLOSIVES/102
£ GASES/108 ■ FLAMMABLE AND COMBUSTIBLE LIQUIDS/125
M FLAMMABLE SOLIDS/134 ■ OXIDIZERS AND ORGANIC
PEROXIDES/137 ■ POISONS/142 ■ RADIOACTIVE
MATERIALS/149 ■ CORROSIVES/155 ■ MISCELLANEOUS
MATERIALS/164 ■ SUMMARY/164 ■ REVIEW
QUESTIONS/166 ■ ACTIVITY/166

Chapter 5 identification Systems 167

■ CASE STUDY/168 ■ INTRODUCTION/168 ■ THE DOT
IDENTIFICATION SYSTEMS/171 ■ NFPA IDENTIFICATION
SYSTEM/180 ■ HAZARDOUS MATERIALS IDENTIFICATION
SYSTEM/193 ■ SHIPPING PAPERS AND HAZARDOUS WASTE
MANIFESTS/194 ■ CONTAINER PROFILES/197 ■ EMERGENCY
RESPONSE GUIDEBOOK/201 ■ SUMMARY/210 ■ REVIEW
QUESTIONS/210 ■ ACTIVITY/210

III
Iv

Chapter 6 Respiratory Protection 212

■ CASE STUDY/213 ■ INTRODUCTION/213 ■ RESPIRATORY
HAZARDS/213 ■ RESPIRATORY PROTECTION FUNDAMENTALS/216
■ RESPIRATORY PROTECTION EQUIPMENT/220 ■ RESPIRATOR
SELECTION AND USE/237 ■ MAINTENANCE, STORAGE, AND
RECORDKEEPING/244 ■ SUMMARY/248 ■ REVIEW
QUESTIONS/249 ■ ACTIVITY/250

Chapter 7 Personal Protective Equipment 251

■ CASE STUDY/252 ■ INTRODUCTION/252 ■ PPE
SELECTION/252 ■ HEALTH CONSIDERATIONS AND CPC/279
■ SUMMARY/286 ■ REVIEW QUESTIONS/288 ■ ACTIVITY/289

Chapter 8 Principles of Decontamination 290

■ CASE STUDY/291 ■ INTRODUCTION/291 « THE WHAT,
WHY, HOW, AND WHERE OF DECONTAMINATION/293
■ SIX-STEP LEVEL B DECONTAMINATION/311 ■ EMERGENCY
DECONTAMINATION PROCEDURES/314 ■ SUMMARY/317
■ REVIEW QUESTIONS/318 ■ ACTIVITY/318

Chapter 9 Associated Physical Hazards 319

■ CASE STUDY/320 ■ INTRODUCTION/320 ■ CONFINED
SPACE OPERATIONS/321 H CONTROL OF HAZARDOUS ENERGY
(LOCKOUT/TAGOUT)/348 ■ NOISE HAZARDS/354 ■ ELEVATED
WORK/355 ■ SUMMARY/357 ■ REVIEW QUESTIONS/359
■ ACTIVITY/359

Chapter 10 Air and Environmental Monitoring 360

■ CASE STUDY/361 ■ INTRODUCTION/361 ■ AIR AND
ATMOSPHERIC MONITORING FUNDAMENTALS/362 ■ THE
SEQUENCE OF AIR MONITORING/366 ■ THE USE OF AIR
MONITORING EQUIPMENT/367 ■ GENERAL PROCEDURES FOR
AIR MONITORING/375 ■ THE EFFECTS OF LOCAL WEATHER ON
MONITORING/378 ■ ENVIRONMENTAL MONITORING/380
■ THE FUTURE OF ATMOSPHERIC AND ENVIRONMENTAL
MONITORING/384 ■ SUMMARY/385 ■ REVIEW QUESTIONS/386
■ ACTIVITY/386

Chapter 11 Site control, supervision, and incident Management 387

■ CASE STUDY/388 ffi INTRODUCTION/388 H OVERVIEW OF
THE ICS/NIMS INCIDENT MANAGEMENT SYSTEMS/390
■ THE ROLE OF THE INCIDENT COMMANDER OR SITE
SUPERVISOR IN MANAGING ACTIVITIES/402 ■ NIMS/408
■ THE INCIDENT COMMANDER ROLE DURING EMERGENCY
RESPONSE OPERATIONS/409 M SEVEN COMMON MISTAKES
MADE BY INCIDENT COMMANDERS/416 ■ EVENT REVIEW/417
■ SUMMARY/418 ■ REVIEW QUESTIONS/419 ■ ACTIVITY/419
 v

Chapter 12 Putting it All Together: Response and Site operations 120

■ CASE STUDY/421 ■ INTRODUCTION/421 ■ SITE SAFETY
PLAN—CLEANUP SCENARIO/422 ■ EMERGENCY RESPONSE
INVOLVING AN UNKNOWN SUBSTANCE/428 ■ CONCLUSION/437
■ SUMMARY/437 ■ REVIEW QUESTIONS/438 ■ ACTIVITY/438

Appendix A Hazardous waste operations and Emergency Response 440

Appendix B Directory of States with Approved Occupational safety
and Health Plans (As of October 24,2007) 469
Appendix C overall Evaluations of carcinogenicity to Humans as
Evaluated in IARC Monographs: List of All Agents
Evaluated to Date (as of August 13,2007) 472
Appendix D Classification and Labelling summary Tables 476
Glossary 511
Acronyms 540
index 542
 Chapter

HAZARDOUS MATERIALS
REGULATORY OVERVIEW

Learning Objectives
Upon completion of this chapter, you should be able to:
■ Identify the goal of the Occupational Safety and Health Administration (OSHA) and list
examples of how it works to reach its goal.
■ Identify the relationship between the following laws and the HAZWOPER regulation:
D Resource Conservation and Recovery Act of 1976 (RCRA).
D Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
D Superfund Amendment and Reauthorization Act (SARA).
■ Identify the types of issues that led to the promulgation of the HAZWOPER regulation.
■ Identify the major components of 29 CFR, Part 1910.120—Hazardous Waste Operations and
Emergency Response (HAZWOPER).
■ List the three major operations covered by the HAZWOPER regulation.
■ Identify the requirements prescribed for each of the major operations covered by the
HAZWOPER regulation.

1
2 Chapter 1 Hazardous Materials Regulatory Overview

'ΐΤ?
CASE STUDY

In August 2005, several major storms struck the Gulf Coast of the United States,
causing extensive damage due to winds and flooding. That area is filled with
many of the nation's petrochemical facilities as well as a large number of other
major industries where a range of hazardous substances are used. The storms,
including Hurricane Katrina, wreaked havoc and resulted in the release of many
hazardous substances into the waterways, local communities, and surrounding
environment. Employees involved in the cleanup operations were faced with
conditions that placed them at risk if they were not adequately protected. The
risks included potential exposure to hazardous materials released by the disaster,
reactions of materials brought together by flooding and storms, mold exposure
due to the weather and environmental extremes, and a host of other conditions
not normally encountered by workers.
The attacks on the World Trade Center building on September 11, 2001,
created conditions in the surrounding area that had not been previously ex­
perienced. Harmful levels of dust, including various contaminants such as as­
bestos, silica, and lead, were present during the rescue, response, and cleanup
efforts that continued for months. Workers at the site reported various symptoms
months later, with many suffering from disease and related effects years after
the work was completed. In late 2006, there were reports that nearly 70% of the
workers involved in the rescue and recovery efforts were experiencing respira­
tory symptoms.
The aftermath of these recent disasters, one natural and the other man-made,
revealed the need for regulations and procedures to prevent workers' exposure
to hazardous materials and other harmful conditions. Unfortunate events such
as these often become catalysts that are used by regulatory bodies such as the
Occupational Safety and Health Administration (OSHA) and the Environmental
Protection Agency (EPA) to help develop and promulgate regulations that pro­
tect workers, the public, and the environment.
While not perfect, the HAZWOPER regulation, which is the focus of this
chapter, was also developed following a series of incidents involving the cleanup
of contaminated waste sites around the United States. The application of the reg­
ulatory requirements from the HAZWOPER regulation has been shown to pro­
mote a much higher degree of safety in activities involving hazardous materials,
whether the cause is natural or man-made. Even today, the application of this
regulation extends to those operations described in the preceding paragraphs.
The requirements and procedures prescribed in the regulation will promote a
higher degree of safety and help reduce the serious consequences that can occur
at the next disaster.

INTRODUCTION
HAZWOPER
the term used
to describe the The study that you are about to undertake is centered on the specific issues
Hazardous Waste involved with the proper handling, operations, and emergency response activi­
Operations and ties associated with hazardous materials and wastes. At the core of this study
Emergency Response is a lengthy regulation that was first introduced in the United States in March,
Regulation 1989. It is called the HAZWOPER regulation (HAZardous Waste Operations and
Chapter 1 Hazardous Materials Regulatory Overmen J

Emergency Response). This regulation significantly changed the way businesses

and organizations conducted themselves in the handling of and in response
activities associated with hazardous materials and wastes. It has had, and contin­
ues to have, a major impact on the manner in which we must deal with operations
that fall within the scope of the regulation. This regulation, which we will use as
Title 29 or 29 CFR the basis for this study, is found in Title 29 of the Code of Federal Regulations and
the section of is codified in Part 1910.120. A copy of the regulation at the time of publication of
regulation where this text is contained in Appendix A. While the HAZWOPER regulation has not
federal OSHA Safety changed significantly since its inception, it would be wise to review any potential
Regulations are found changes by reviewing the current version of the regulation on the federal Web
site, http://www.OSHA.gov/.

Background on OSHA: The occupational safety and Health Administration

Before we study the topics associated with hazardous waste programs, we must
understand the history that led to the regulation mandating specific rules and
training requirements for hazardous waste handling and response programs. So,
as we begin to study the major regulation that deals with the training requirements
mandated for those who work in the worlds of hazardous materials response and
site operations, we should first establish some of the background that will help
us better understand the rules that we will be following in these fields. When we
understand the rules and how they apply to the world of hazardous materials
training regulations, we will be better able to select the appropriate information
Occupational Safety and required by the Occupational Safety and Health Administration (OSHA).
Health Administration OSHA was formed by an Act of Congress in 1970. The Act, called the
(OSHA) Williams-Steiger Occupational Safety and Health Act, is more commonly known
the branch of the as the OSH Act. The Act established two new branches in the federal government
federal government for the purpose of providing a higher level of protection for the nation's work­
charged with
force. Prior to the establishing of OSHA, the American workforce was composed
developing regulations
to promote health
of approximately 68 million workers. In a campaign speech in 1969, President
and safety in the Lyndon Johnson stated that it was a shame nearly 14,000 American workers died
workplace each year as a result of occupational accidents. Since that time, the number of
workers has risen significantly, yet the number of occupational deaths has de­
clined. As of 2004, the number of workers is estimated to be 115 million and the
annual death rate has been reduced to approximately 5703. Quite a drop when
we consider the significant changes that also have occurred over that period—
changes which in some cases have involved the introduction of new materials
and significant new hazards.

■ Note
OSHA was developed by an Act of Congress in 1970 to help reduce the death and
injury rates in the nation's workforce.
National Institute of
Occupational Safety and How did OSHA make such a decline in the death rates possible? Simply put,
Health (NIOSH) the OSH Act established a research arm in the federal government, the National
the agency in the Institute of Occupational Safety and Health (NIOSH), whose mission was to as­
federal system that
sist OSHA in working to reduce death and injury rates. Each of these two federal
is used to conduct
research and make
agencies was placed in a different cabinet department in the federal government.
recommendations The idea was that NIOSH would conduct research and make recommendations,
to OSHA for the and OSHA would take those recommendations and make regulations or rules,
development of which OSHA would then enforce. The goal of the program was to reduce the oc­
regulations to protect cupational death rates, and clearly the statistics show that this program has been
the nation's workers largely successful. However, not all of the recommendations made by NIOSH
 4 Chapter 1 Hazardous Materials Regulatory Overview

became regulations, since there must be a public hearing process to involve those
who may be impacted by the new regulations. During the public hearing process,
some recommendations are disregarded entirely or are subject to compromises
to get them enacted.
Another area important in the understanding of OSHA and how it works
State Plan state is the State Plan State. Simply put, the OSH Act allows any of the individual
a state or U.S. territory states and territories in the United States to administer their own programs to
that has its own OSHA ensure that every workplace is "free from recognized hazards that are causing or
programs are likely to cause death or serious harm to employees" (29 USC 654, Section 5).
Essentially, each jurisdiction has the option of either allowing federal OSHA
programs to be implemented in the states and enforced by federal personnel, or
for the individual state to develop its own plan to provide protection equal to
or greater than what is required on the federal level. Many states and territories
have done this. A list of the states and territories that had approved State-Plan
programs in 2006 is contained in Appendix B. Updates to the information can be
found on the federal OSHA Web site.
Because the focus of this text will be on one particular regulation created
and enforced by OSHA, it would be wise to discuss this regulation and how it
fits into what we know about OSHA and its various State Plan States. While a
number of states have their own OSHA programs, it is also true that most states
have adopted the federal HAZWOPER regulation in a form that is very close to
the original. This is partly a tribute to the considerable effort that went into the
development of the original regulations. Federal HAZWOPER regulations are
the minimum for any particular state. State Plan States are allowed to adopt
stricter regulations for application in their particular state. As you review the
complexity of the regulation later in our study, you will see that it is a very ex­
pansive document with numerous areas of coverage. Even in California, which
is a State Plan State with a very high level of environmental consciousness, the
HAZWOPER regulation is similar to the federal version. Because of this, it is safe
to use the federal version of the regulations as the basis of our study.
In understanding the state and federal role of OSHA, we must recognize
that the primary purpose of any OSHA regulation is to provide a higher degree
of workplace safety and to ensure that employees are adequately protected
from workplace hazards. To meet its General Duty Clause goal that "each
employer shall furnish to each of his employees employment and a place of
employment which are free from recognized hazards that are causing or are likely
to cause death or serious physical harm to his employees," OSHA has developed
and implemented a number of rules and regulations which will overlap into
our study of hazardous materials handling, operations, and response activities.
These include the following program requirements that will be incorporated in
our study of the various HAZWOPER program and training requirements:

■ Note
The primary purpose of OSHA, whether state or federal, is t o develop a safety
system that will provide a higher degree of safety in the workplace and t o ensure
that employees are adequately protected f r o m the hazards associated with their
workplace and job responsibilities.

Provide competent inspection of each work site.

Prohibit the use of unsafe equipment by employees.
Require trained, experienced equipment operators to use various types of
equipment.
Chapter 1 Hazardous Materials Regulatory Overview s

• Instruct employees in hazard recognition and avoidance.

• Instruct employees in pertinent regulations and procedures.
As we conclude this overview of how the OSHA regulations apply to opera­
tions involving hazardous materials and wastes, we should understand that even
OSHA has limitations. Perhaps the most important of these is that in selected
cases, some groups of employers and their employees are not covered by the
OSHA regulations, whether federal or state. This is mostly the case for those
employees who are in public employment and who are paid by a governmental
agency. Even in non-State Plan States, federal OSHA regulations are not always
applicable to employees of the federal or state governments. Because this partic­
ular regulation was considered to be so important, the reach of it was extended
by the federal Environmental Protection Agency (EPA), which mandated its use
in one of its own regulations, which we will review a bit later in our study. This
law is called the Superfund Amendment and Reauthorization Act (SARA). Be­
cause the EPA has jurisdiction independent of OSHA, the SARA law helped to
extend the coverage of the HAZWOPER regulation to include other groups of
employees who might not have been included given the limitation of the OSHA
regulations to specific employee groups employed in the public sector. In effect,
this regulation has one of the broadest reaches of any OSHA regulation because
its reach has been extended to cover public employees who might otherwise not
be covered by the OSHA regulation.

■ Note
The SARA law helped to extend the coverage of the HAZWOPER regulation to
include other groups of employees who might not have been included because
of the limitation of the OSHA regulations to specific employee groups who are
employed in the public sector.

REGULATORY DRIVERS
In addition to the introduction of OSHA, several other key pieces of legislation
were implemented in the 1970s. Many of these dealt with the issues of hazardous
waste disposal that had long been practiced by industries in the United States.
The list of these legislation is far reaching. While the following is not a complete
list, it shows some of the major regulations that impacted the handling of hazard­
ous materials and wastes and helped to set up the introduction of the HAZWOPER
regulation that we will study. These regulations helped to drive the final rules
OSHA adopted in the HAZWOPER regulation that became law in 1990. To help
us better understand what OSHA was trying to do, let us look at the following list
and examine a few of those regulations that more directly led to the HAZWOPER
regulation, which is the basis of our study. Also note the significant increase in
the promulgation of these types of laws or acts in the 1970s and 1980s.
1938—federal Food, Drug and Cosmetic Act
1948—-federal Water Pollution Control Act
1953—Flammable Fabrics Act
1970—Occupational Safety and Health Act
1970—Poison Prevention and Packaging Act
1970—Clean Air Act
1972—Consumer Product Safety Act
6 Chapter 1 Hazardous Materials Regulatory Overview

1972—federal Insecticide, Fungicide and Rodenticide Act

1972—Clean Water Act
1975—Hazardous Materials Transportation Act
1975—Toxic Substance Control Act
1976—Resource Conservation and Recovery Act of 1976
1980—Comprehensive Environmental Response, Compensation, and
Liability Act
1986—Superfund Amendment and Reauthorization Act
1989—HAZWOPER regulation

■ Note
Numerous environmental regulations helped establish the need for OSHA to
develop regulations specifically designed to protect workers involved in cleaning
up contaminated sites.

HAZARD COMMUNICATION STANDARD: 29 CFR,

PART 1910.1200
Prior to the enactment of the HAZWOPER regulation, there were few regulations
in effect that provided only limited protection to hazardous materials and waste
handling workers. As we will see in our discussion of some of the regulations
listed in the previous section, the U.S. government was actively participating in
the oversight of many toxic waste sites cleanups. These were sites where haz­
ardous materials and wastes had been mishandled and were causing significant
environmental and human health concerns.
One such site was infamous Love Canal in upstate New York. Many people in
the country had heard about Love Canal as significantly toxic. In fact, the result
of the contamination was so extreme that the residents of the area were forced
to move out so that trained workers could come in and try to clean up the toxic
soup left behind from the mishandling of hazardous wastes at a chemical facility
in the area. What was even more startling was that workers who undertook that
project had little in the way of regulations to protect them. At this time, OSHA
had not dealt with problems associated with site cleanup activities at places like
Love Canal and several hundred others that had been identified. While the EPA
had identified sites, mandated their cleanup, and even funded the cleanups with
governmental money, workers were only protected with a minimal regulation,
Hazard Communication the Hazard Communication or Employee Right-to-Know regulation. Before we
the OSHA regulation get into the details of the HAZWOPER requirements, let us quickly review the
sometimes called Hazard Communication regulation that was in effect.
the Employee Right- The Hazard Communication regulation required employers to inform work­
to-Know rule, which ers of the hazards of the materials in the workplace as well as detailed infor­
requires employers
mation on the safe handling of those materials. In most workplaces, this was
to make information
available to employees a relatively simple job since a complete list of the chemicals used was easily
on all of the hazardous obtained. However, the Hazard Communication regulation fell far short of pro­
substances in the tecting those engaged in cleanup activities at sites like Love Canal where con­
workplace to which tamination had occurred over a prolonged period and where the materials may
they may be exposed have mixed together forming toxic soups.
Essentially, the Hazard Communication regulation has a number of require­
ments that we will see are not overly applicable to waste sites where the materials
Chapter 1 Hazardous Materials Regulatory Overmen 7

and their hazards are unknown. In examining the regulation, we will see the need
for more protective requirements that OSHA ultimately put in the HAZWOPER
regulation in its final form. Some of the major components of the OSHA Hazard
Communication regulation, which is found in 29 CFR, Part 1910.1200, include:
• Identify and list hazardous chemicals used in the workplace. Before any
definitive programs can be enacted in the workplace to protect the work­
ers, it is essential that the hazards be first identified. This process must
take place both at the onset of the program and on a regular basis to ensure
that the materials identified as part of the program are maintained up to
date with those used in the facility.
Material Safety Data • Obtain a Material Safety Data Sheet (MSDS) for each hazardous sub­
Sheet (MSDS) stance or material found in the workplace. The law requires that each
the written manufacturer or importer of the chemical provide a copy of the MSDS
information on a to those who use the product. The information contained on an MSDS is
specific hazardous standardized, although the format varies significantly between manufac­
substance or
turers. A portion of a sample MSDS is found in Figure 1-1. Not all MSDSs
material that includes
information on the
look the same, and while the minimum information contained on them is
health and physical standard, their formats are not. You may want to take some time and re­
hazards, signs view several different MSDSs to fully understand the differences between
and symptoms of them.
exposure, proper • Ensure all hazardous chemicals are labeled properly. Proper labeling of
handling procedures, the material is critical if the employee is to recognize the material as haz­
and personal
ardous and take the appropriate action. The labeling requirements include
protective equipment
necessary for the
a variety of warnings and systems such as that used by the Department of
safe handling of the Transportation (DOT), which we will review later.
material • Develop and implement a written Hazard Communication program. Writ­
ten programs are the foundation of many OSHA regulations. Written
programs force each employer to commit to various actions required by
OSHA and have the advantage of providing a mechanism whereby indi­
vidual employees or labor organizations can monitor whether the activi­
ties listed are being carried out. After the items have been identified and
an MSDS has been obtained for each item, the employer is required to
develop a written plan to disseminate the information and provide for the
maintenance of the program.
• Train workers to recognize the hazards associated with chemicals used
in the workplace. The foundation of the training program is that workers
not only have a right to know, but also have a right to understand. This
understanding is best conveyed through a comprehensive employee train­
ing program about the information found on the MSDS, where the MSDS
file is maintained, and selected terms and information found on the MSDS.
While everyone agrees on the importance of such training programs, there
is little or no agreement on the amount or type of training that is necessary
to comply. This item is often cited as one of the main problems with the
Hazard Communication regulation in that, while it specifies that workers
should be trained, like most other OSHA regulations, it does little to spec­
ify the amount of time or the specific topics to be included in the training.

■ Note
While the Hazard Communication regulation requires that employees be trained
on the hazards of substances in the workplace, it does not require a specific
number of training hours.
 8 Chapter 1 Hazardous Materials Regulatory Overview

Figure 1-1 An example of a Material Safety Data Sheet. (Courtesy of Air Products and Chemical, Inc.)
Chapter 1 Hazardous Materials Regulatory Overview 9

Hgirc1-1 [Continued)
 10 Ouptcf 1 HsurdOK Msterbb Mgitatoiy Ownrtiw

Rgire1-1 {Continued)
Chapter 1 Hazardous Materials Regulatory Overview II

Figure 1-1 [Continued]

 12 Chapter 1 Hazardous Materials Regulatory Overview

Figure 1-1 (Continued)

Chapter 1 Hazardous Materials Regulatory Overview 13

Figure 1-1 [Continued)

 '4 Chapter 1 Hazardous Materials Regulatory Overview

Figure 1-1 {Continued)

Chapter 1 Hazardous Materials Regulatory Overview 15

Given the differences between a standard workplace where these provisions can
be carried out and a waste site where the hazards could be hidden or where
little is known, we can see why OSHA needed to enact the very restrictive HAZ-
WOPER regulation. While it is true that the Hazard Communication regulation
was in effect prior to the enacting of the HAZWOPER regulation, almost every­
one involved in the hazardous waste industry worked under the belief that the
basic provision of the Hazard Communication regulations did not provide ade­
quate protection for those involved in hazardous waste operations. The rationale
in this belief was the fact that there were no MSDSs for the materials involved in
many of the cleanup operations because the materials were either unknown or a
combination of two or more substances that had mixed at the site.

ENVIRONMENTAL REGULATIONS fm<

The number of laws and regulations enacted to protect the environment from
the effects of hazardous chemicals rapidly expanded beginning in 1970. As the
list in the section Regulatory Drivers shows, regulations dealing with a variety
of topics to protect people and the environment were developed at a fever pitch.
While these regulations did a good job of increasing public awareness, it was not
until most of the environmental laws were well in effect that OSHA was able to
develop and implement its HAZWOPER regulation. Before we study that, it is
important that we understand some of the other major laws and regulations that
led to the promulgation of the HAZWOPER regulation.

Resource conservation and Recovery Act of 1976 (RCRA)

Recognition of the hazardous waste issues in the United States and the need to
Resource Conservation clean up contaminated sites became very obvious in the late 1970s and early
and Recovery Act of 1976 1980s. While many regulations were developed to deal with various aspects of
(RCRA)
the problems, one of the earliest ones that had far-reaching effects is the Resource
the law that began the
process of regulating
Conservation and Recovery Act of 1976 (RCRA). RCRA (pronounced rick-rah or
the handling of reck-rah) gave the EPA the authority to control hazardous wastes from "cradle to
hazardous waste; grave" by mandating that all organizations follow specific rules for the handling
it defines what is a and disposal of all materials classified as hazardous wastes. The cradle-to-grave
hazardous waste and concept established that the operations that generate the hazardous wastes must
outlines the programs be responsible for those materials through their entire lifespan. The rules define
that must be followed what is a hazardous waste; identify the programs required for the generation and
to properly handle, handling of these materials at all sites; define transportation requirements for
store, and dispose of the wastes to be transported to designated sites; define the treatment, storage,
these materials and disposal of the hazardous wastes once they have reached the designated
waste disposal sites. Essentially, the Act stopped the further generation and ille­
Comprehensive gal disposal of wastes and helped control the environmental and human damage
Environmental Response, caused by improper handling and disposal of hazardous wastes.
Compensation, and
In 1986, some amendments were made to RCRA that enabled EPA to address
Liability Act (CERCLA)
an early law that
environmental problems resulting from leaks in underground tanks storing pe­
authorized the troleum and other hazardous substances. Despite its reach, RCRA focused only
collection of taxes to on active and future facilities and did not address abandoned or historical sites;
pay for the cleanup of these sites were covered by later laws such as CERCLA and SARA.
abandoned hazardous
waste sites; sites Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
covered by this law
were called Superfund The Comprehensive Environmental Response, Compensation, and Liability Act
sites (CERCLA), more commonly called the Superfund Act, was enacted by Congress
'8 Chapter 1 Hazardous Materials Regulatory Overview

on December 11, 1980. This law taxed the chemical and petroleum industries
and provided broad federal authority to respond directly to releases or threat­
ened releases of hazardous substances that might endanger public health or the
environment. Over 5 years, $1.6 billion was collected and went to a trust fund
for cleaning up abandoned or uncontrolled hazardous waste sites.
Additionally, CERCLA established prohibitions and requirements concern­
ing closed and abandoned hazardous waste sites, provided for liability of per­
sons responsible for releases of hazardous waste at these sites and established a
trust fund to provide for cleanup when no responsible party could be identified.
The trust fund became known as the Superfund because it created a fund to be
used to clean up specific waste sites.
The law authorizes two kinds of response actions:
1. Short-term removals, where actions may be taken to address releases or
threatened releases requiring prompt response.
2. Long-term remedial response actions, which permanently and significantly
reduce the dangers associated with releases or threats of releases of haz­
ardous substances that are serious, but not immediately life-threatening.
These actions can be conducted only at sites listed on EPA's National
Priority List (NPL) of Superfund Sites.
CERCLA also enabled the revision of the National Contingency Plan (NCP). The
NCP provided the guidelines and procedures needed to respond to releases and
threatened releases of hazardous substances, pollutants, or contaminants. The
NCP also established the NPL.

■ Note
The NPL is a list of contaminated sites that come under the Superfund cleanup
program.

Superfund Amendment Superfund Amendment and Reauthorization Act (SARA)

and Reauthorization
Act (SARA) CERCLA was amended by the Superfund Amendment and Reauthorization Act
a law enacted to (SARA) on October 17, 1986. Its scope was broadly expanded and funding was
add money to the increased. SARA helped to expand what previously had been an environmen­
Superfund cleanup tal cleanup focus to also include planning for handling emergency releases of
program and to hazardous materials and wastes. As part of this, the Act required reporting of
expand its scope in hazardous materials releases, emergency planning by state and local agencies,
other key areas of establishment of State Emergency Response Commissions (SERCs), and the for­
hazardous materials mation of Local Emergency Planning Committees (LEPCs). Additionally, the Act
safety led to the formation of what is now termed the Emergency Planning and Com­
munity Right-to-Know Act.
Finally, SARA provided considerable guidance to governmental agencies by
establishing specific requirements and programs. Some of these led to the devel­
opment of the HAZWOPER regulation within the OSHA system. Other mandates
include the following:
• Stressed the importance of permanent remedies and innovative treatment
technologies in cleaning up hazardous waste sites
• Required Superfund actions to consider the standards and requirements
found in other state and federal environmental laws and regulations
• Provided new enforcement authorities and settlement tools
• Increased state involvement in every phase of the Superfund program
• Increased the focus on human health problems posed by hazardous waste
sites
Chapter 1 Hazardous Materials Regulatory Overmen "
• Encouraged greater citizen participation in deciding on how sites should
be cleaned up
• Increased the size of the trust fund to $8.5 billion

THE HAZWOPER REGULATION m^m:-

Considering the background on the specific issues faced by those involved in
this broadening field, it became clear that OSHA needed to step in and develop
programs to keep up with the rapid changes taking place. Because the Hazard
Communication requirements fell short of protecting workers, OSHA developed
what we now know to be the pinnacle of all regulations for workers employed
in some facet of the hazardous waste industry, the HAZWOPER regulation. Now
we will shift our attention from the general issues to the specifics of the HAZ­
WOPER regulation. It is very complex, as we will see, and because of this took
considerable time to develop.
The process started in the early 1980s. The Interim Final Rule, which con­
tained most of the provisions now in effect, was issued on December 19, 1986.
After some discussion, the Proposed Final Rule was issued on August 10,1987. The
final version of the HAZWOPER regulation went into effect on March 6,1990.

■ Note
HAZWOPER was developed during the 1980s and went into effect in its final form in
March, 1990.

In our study of the specific points contained in the regulation, it is probably

best to look at it in its entirety, section by section. OSHA refers to these sections
as "paragraphs," so we will do the same as we discuss them. To do this, we must
understand the layout that is used in the codification process. Unlike the format
used by most of us if we were to develop an outline, the federal regulations use
a system of hierarchy that is as follows:
• Lowercase letters in parenthesis such as (a), (b), (c) are used to denote the
main divisions or paragraphs.
• Subdivisions of the paragraphs or main divisions are denoted in the fol­
lowing order:
o Arabic numbers such as (1), (2), (3) are used to denote the next major
divisions.
° Lowercase Roman numerals such as (i), (ii), (iii), (iv) are used to denote
the next major subdivisions.
° Uppercase letters such as (A), (B), (C) are used to denote the next major
subdivisions.
As we begin to look at the regulation, we will explore the 17 major sections
or paragraphs as well as some of the subsections contained in it. Because the
major paragraphs are identified by lowercase letters, these 17 paragraphs are
denoted by the letters (a) through (q).

■ Note
It is important to recognize that the format for the regulation is different from
other standard formats. The 17 sections of the regulation are identified by
lowercase letters from (a) to (q).
18 Chapter 1 Hazardous Materials Regulator» Overview

Paragraph (a): Scope, Application, and Definitions

Some of the 17 sections of the regulation contain multiple parts, such as the first.
Paragraph (a) is one of those that is complex and covers three important areas that
need to be understood prior to beginning to ascertain if the regulatory requirements
contained in the HAZWOPER regulation apply to the operations in question.

Paragraph (a)(1): Scope One of the most important, and probably misunderstood,
issues involving the HAZWOPER regulation is which types of operations this
regulation is intended to cover. Imagine driving down the freeway and seeing a
speed limit sign that applies to trucks or cars with trailers. Does that mean all ve­
hicles must drive at that particular limit, or would the scope of that requirement
not apply to all? Of course, if you are driving a car without a trailer, you would
not need to comply with that requirement and could drive at a different speed
since the posted speed limit does not apply to you. Conversely, truck drivers and
the cars with trailers would need to comply or risk receiving a citation. Simply
put, we need to know if the specific regulation applies to us and also which sec­
tions apply, because many times OSHA separates its requirements in subgroups,
so not all groups are covered by the general regulation. Seems complex, doesn't
it? But we will see it really isn't, as we consider the sections and explore them
in detail. In doing this, we will discover what OSHA really had in mind for our
operations. The following points from section (a)(1) detail the five groups of op­
erations covered by the HAZWOPER regulation:
1. Cleanup operations required by a governmental body, whether fed­
eral, state, local or other involving hazardous substances that are
conducted at uncontrolled hazardous waste sites (including, but not
limited to, the EPA's National Priority List (NPL), state priority site
lists, sites recommended for the EPA's NPL, and initial investigations
of government identified sites which are conducted before the pres­
ence or absence of hazardous substances has been ascertained);
2. Corrective actions involving cleanup operations at sites covered
by the Resource Conservation and Recovery Act of 1976 (RCRA)
as amended;
3. Voluntary cleanup operations at sites recognized by federal, state,
local or other government bodies as uncontrolled hazardous waste
sites;
4. Operations involving hazardous wastes that are conducted at
treatment, storage and disposal (TSD) facilities regulated by 40
CFR parts 264 and 265 pursuant to RCRA or by agencies under
agreement with the U.S. EPA to implement RCRA regulations;
5. Emergency response operations for releases of, or substantial
threats of releases of, hazardous substances without regard to the
location of the hazard.
OSHA is stating that five types of operations are covered by the HAZWOPER
regulation. If you are involved in any one of them, you will need to comply with
the parts of the regulation that apply to those particular activities. If your activities
do not involve one of the five listed in the HAZWOPER regulation, there is no legal
need to comply with the HAZWOPER regulation. It is interesting to see how many
people are confused by this. In fact, many regulatory bodies including OSHA in­
spectors and other regulators may not fully understand this and could give out the
wrong information about the scope of the regulation. But the language is clear; later
in our study, we will explore those groups to ensure that we fully understand who
is covered, since this is one of the most important parts to the regulation.
Chapter 1 Hazardous Materials Regulatory Overaiea 19

As we look into the five groups listed, we find a similarity among the first
three groups. These three groups are all engaged in some form of hazardous
waste cleanup activities. These may be done at a Superfund site, at a RCRA
site, or at a local site as a voluntary cleanup operation. Because of the similar­
ity, OSHA groups these three types of cleanup workers into a single group and
mandates programs for all of them equally. In the last two groups listed, TSD
operations and emergency response activities are each separate groups and will
have different rules that apply to each of them.

■ Note
The HAZWOPER regulation applies to five types of operations that involve three
distinct groups.

Another important consideration is that while not specifically required, cleanup

operations can still be mandated to other groups by regulatory bodies or industry
practices. Many specific industries have adopted the training requirements of the
HAZWOPER regulations as the minimum requirement for those who work in their
specific industry. This is done despite the fact that training is not mandated, since
that particular operation is not part of the scope of the regulation.
Take, for example, the case of the petrochemical industry. At a typical oper­
ating petroleum refinery, while it could be argued that there would be some haz­
ardous waste generated and handled at the site, the site does not really fall into
any of the listed categories noted in the scope of the regulation. It is certainly
not a Superfund cleanup site, nor is it a site where there is an ongoing uncon­
trolled release of hazardous wastes, yet many petroleum refineries mandate that
General Site Worker workers and contractors certify to the 40-hour HAZWOPER level as a General
an employee who Site Worker. A General Site Worker is an employee who works at a cleanup site
works at a cleanup covered by the HAZWOPER regulation and whose work exposes or potentially
site regulated by the exposes him to high levels of hazardous substances.
HAZWOPER regulation The reason why a particular industry that uses significantly hazardous mate­
and whose work
rials in its operations mandates HAZWOPER training is relatively easy to under­
exposes or potentially
exposes him to high
stand. If we reflect back on the original concerns that led to the promulgation of
levels of hazardous the regulation in the first place, we find that few other types of training provide
substances information to workers on the hazards of the materials. Recall that the Hazard
Communication regulation, which was the regulation that provided protection
for workers when HAZWOPER was developed, is still one of the few regulations
in effect today that mandates workers be trained on the hazards of materials
that they might come in contact with. But remember too that the Hazard Com­
munication regulation is very nonspecific in its language regarding training. It is
vague at best in its training requirements, does not identify specific topics to be
covered, does not list competencies to be demonstrated, and gives no mandated
number of hours to ensure that the topic is adequately covered. In fact, some
people satisfy the training requirement for this program by having their employ­
ees watch a video on the topic. Certainly this minimal training may not work
for many people. Given the absence of consistent and in-depth OSHA-mandated
training programs, many refinery workers and contractors are required to take
the non-mandated HAZWOPER courses as a means of training to a recognized
standard relative to the safe handling of hazardous materials and wastes. So the
scope is far greater than the actual regulation that mandates it.

■ Note
HAZWOPER is a key industry standard for many types of operations, including those
not covered by its scope.
 20 Chapter 1 Hazardous Materials Regulatory Overview

Paragraph (a)(2): Applications The second subdivision in section (a), denoted as (2),
defines the application of the regulation. In this case, the term application is
used to further describe the specific areas of the regulation relative to whom
they are intended to apply. Remember that there are 17 sections to the regulation
and that the scope lists five groups of operations covered by the regulation. Ear­
lier we identified that the five groups involve three distinct operations: cleanup;
treatment, storage and disposal facility operations; and emergency response ac­
tivities. So not all of what is contained in the regulation will apply to all groups
equally.
In reading this portion of the regulation, we find that sections (a) through (o)
apply to operations specified in (a)(l)(i) through (a)(l)(iii). That is, the majority
of the regulation applies to those operations that are hazardous waste cleanup
operations as noted above. As we look at those three groups, we find that they
share the common theme of cleaning up waste sites as we discussed earlier.
Each specifies a type of waste site where the work is conducted, but each is also
involved in cleaning them up.

■ Note
The majority of the HAZWOPER regulations apply to cleanup operations involving
hazardous materials or wastes.

Recognizing that sections (a) through (o) account for 15 of the 17 paragraphs
of the HAZWOPER, it is clear that waste cleanup activities were the primary
focus of the HAZWOPER regulation. As we know from our review of some of
the environmental activities and laws that were being passed at the time of the
development of the HAZWOPER regulation, it would make sense that this group
was the primary focus for some time.
OSHA did include information and regulations related to other groups of
personnel. If we continue to read the regulation, we will find that section (p) con­
tains specific regulations that apply to the operations listed in section (a)(l)(iv).
treatment, storage Recall that this section covers the operations conducted at licensed treatment,
and disposal facilities storage and disposal facilities (TSDFs). OSHA correctly realized that once the
(TSDFS) materials were cleaned up at the waste site where the contamination and original
regulated sites where disposal occurred, they would need to be transported to another site for further
hazardous wastes are treatment, storage, or disposal by some method since that was now mandated by
taken for final disposal
RCRA and other regulations. Remember that our earlier discussion of the RCRA
or treatment
regulation requires that wastes be handled from cradle to grave, and the grave
in this case is the TSDF where the materials ultimately end up. Obviously, the
workers at those sites would also potentially be exposed to the same hazardous
substances which were covered by the early part of the regulation. So it makes
sense that OSHA would cover these personnel with the regulation since they too
handle these materials.

■ Note
Workers at TSDF operations are exposed to hazards similar to those involved in
cleaning up the sites, so OSHA extended the scope of the HAZWOPER regulation
to include these workers.

The last paragraph of the HAZWOPER regulation, paragraph (q), is the section
applicable to the operations discussed under section (a)(l)(v), workers engaged
in emergency response activities. Therefore, if you are involved in emergency
Chapter 1 Hazardous Materials Regulatory Overview 2'1

response operations, paragraph (q) is the section that applies to you, and most
of the other parts of the HAZWOPER regulation do not apply unless specifi­
cally referenced in paragraph (q). As we will see later in our study, paragraph
(q) references a number of other paragraphs and subsections such as medical
surveillance. However, it is clear that the majority of the HAZWOPER regula­
tion is not intended for those engaged in emergency response activities, and
the requirements not found in or referenced by paragraph (q) do not apply to
emergency response activities. This is perhaps one of the most misunderstood
concepts of the regulation, but the facts are clear if you take the time to read and
understand the regulation's content in terms of applicability. To help us better
understand the intent of OSHA in terms of applying this emergency response
section to real-world issues, federal OSHA issued a very comprehensive direc­
tive in 2005 that provides considerable guidance on applying the HAZWOPER
emergency response section (q) to all phases of hazardous waste activities. A
copy of this directive can be found on the OSHA Web site.

■ Note
OSHA requires that those engaged in emergency response activities be trained in
accordance with section (q) of the HAZWOPER regulation.

One last item to review, as we discuss application, is that a number of over­

lapping OSHA regulations have some applicability to certain operations. The
HAZWOPER regulation references many other OSHA regulations in its 17 sec­
tions. In all cases, it is important to recognize that if more than one OSHA regu­
lation applies to a specific operation, OSHA requires that the more-restrictive
procedures in the more-restrictive regulation apply. For this reason, you need a
good understanding of not just HAZWOPER as codified in 29 CFR, Part 1910.120,
but also other regulations that are referenced in this regulation. Examples of
this could include operations involving work in trenches or excavations in the
ground that are contaminated with hazardous materials. In such cases, not only
the requirements of the HAZWOPER regulation would come into play, but also
the protective systems required by the OSHA regulations concerning trench
safety.

■Safety
5 It is important to recognize that if more than one OSHA regulation applies to a
specific operation, OSHA requires that the more-restrictive procedures in the more-
restrictive regulation apply. For this reason, you need to have a good understanding
of the various OSHA regulations that apply in each operation.

Paragraph (a)(3): Definitions One of the most useful things that OSHA does in this
regulation is to use part of the first paragraph to define certain terms that are used
in it. These are contained in paragraph (a), subsection (3). Unlike other sections,
this subsection does not contain any further subdivisions. Instead, the terms are
listed alphabetically. It is in this section that we will find the OSHA definitions
used for terms such as uncontrolled hazardous waste site and even emergency
response.

m Note
Definitions of key terms are found in the HAZWOPER regulation.
 Next Page

22 Chapter 1 Hazardous Materials Regulatory Overflew

Paragraph (b): safety and Health Program

Paragraph (b) contains some important subdivisions and describes a very impor­
tant aspect of hazardous waste-site cleanup operations. This paragraph mandates
that all employers to which this applies must develop and implement a written
safety and health program for their employees who are involved in hazardous
waste operations. Remember that this section only applies to those operations
covered under the scope as defined in (a)(l)(i), (ii), and (iii). These are hazardous
waste cleanup operations that are the major focus of the HAZWOPER regulation
and not TSDFs or emergency response operations.
In summarizing this section, we find it requires that a written health and
safety program be implemented. The program must have the following minimum
components:
• An outline of the organizational structure
• A comprehensive work plan for activities
HASP
• An outline of the training program
a Health and Safety
Plan that is written • An outline of the medical surveillance program
for a specific cleanup • A list of standard operating procedures
activity required
under the HAZWOPER
• A listing of the necessary interface between general program and site-
regulation; it is broad specific activities
in its scope and very • A program to inform contractors and subcontractors of the hazards
detailed, covering the
• A list of the requirements for a pre-entry briefing
specific operations
that must be • Review procedures for the health and safety program
conducted • The requirements for a site-specific Health and Safety Plan (often referred
to as a HASP) that contains the following:
personal protective o A hazard and risk analysis of the site
equipment (PPE)
° Specific training requirements for workers at the site
items worn by the
individual to provide o Personal protective equipment (PPE) requirements for operations at the
protection from site
a hazard in the ° Medical surveillance requirements for those operating at the site
workplace; examples
include chemical o Air monitoring requirements for the site
resistive gloves, safety o A site-control plan
glasses, or some type
of respirator
o Decontamination procedures
° An Emergency Response Plan to be used in the event of an emergency
o Confined-space entry procedures
Incident Action Plan
a specific Emergency ° A spill containment program and procedures
Response Plan that Again, the requirements of this section apply to operations that fall under
is used to identify the cleanup portion of the HAZWOPER regulation. Obviously, in an emergency
the specific hazards situation, personnel would not take time to develop such a plan before they initi­
and operations that ated actions to abate the emergency situation. Certainly, they will develop their
must be conducted
individual Incident Action Plan, which is the specific Emergency Response Plan
in the event of an
emergency hazardous
used to outline the activities to be taken in the event of an emergency response to
materials incident; it a hazardous material. This topic will be presented in more detail in Chapter 10.
is different from the The development of such a comprehensive HASP would bring all emergency
Site Safety Plan in that activities to a halt for a considerable period.
it is less detailed and
deals only with the
emergency phase of Paragraph (c): Site Characterization and Analysis
the incident
This paragraph mandates something that should already be known to anyone
working at a hazardous waste cleanup site. This is the need to evaluate the
Previous Page

Chapter 1 Hazardous Materials Regulatory Overaien 23

hazards present prior to any significant activity taking place. In the Paragraph,
we find that minimum information regarding the site is required to be obtained
and added into the site safety plans.
Among other things, the Paragraph requires that a preliminary evaluation of
the site's characteristics be made prior to entry by a trained person to identify
any potential site hazards and to aid in the selection of appropriate employee
protection methods. Included in this evaluation would be the identification of
Immediately dangerous all suspected conditions that OSHA terms immediately dangerous to life or
to life or health (IDLH) health (IDLH). The term IDLH will be discussed in a later chapter because it rep­
the level of exposure resents a level of atmospheric contamination in the workplace where only prop­
that would pose erly trained and protected workers can operate. The IDLH level of contamination
a danger to the is based on an amount that will harm workers who are exposed to it without the
life of the person appropriate protective systems in place. So if a site contained a hazardous mate­
exposed, would result
rial at an IDLH level, the rules for working in those areas will by necessity be
in significant and
irreversible health
very strict to provide the high level of protection that is required.
effects, or would This paragraph requires that personnel who are part of the initial evaluation
render the person of the site hazards be provided with appropriate levels of PPE. OSHA and EPA
exposed unable have adopted standard levels of protection based on the hazards present. These
to escape without levels will be discussed in Chapter 7 when we discuss PPE requirement. The
assistance levels start with Level D, the least protective, and work up to Level A, the level
that provides the highest amount of protection. At a minimum, the personnel
who are part of the initial entry are required to have respiratory protection if a
respiratory hazard is suspected, and that the level of protection provided must
be at least to Level B.

■Safety
5 Sites must be evaluated prior to the implementation of cleanup activities in
accordance with paragraph (c) of the HAZWOPER regulation.

Paragraph (d): Site control

Another key safety issue relating to activities at hazardous waste cleanup sites
is that of access to the site, or more correctly, restricting access to the site. The
regulation mandates that prior to any activity taking place, the site must be fully
mapped out to determine the extent of the hazards, work zones must be estab­
lished, and workers must be instructed in the use of the "buddy system" for
activities taking place at the site. The term buddy system is one of those we find
defined in paragraph (a) under the definitions section. It simply refers to the sys­
tem of organizing personnel into work groups so that appropriate oversight and
assistance can be obtained in the event of an emergency situation.

■ Note
Access to hazardous waste sites must be strictly controlled to avoid untrained
personnel becoming exposed.

Paragraph (e): Training

One of the most important sections of the HAZWOPER regulation is para­
graph (e), which covers the minimum training requirements for those engaged in
cleanup activities. Because this is the section that causes most of us to undertake
this course of study in the first place, it is important that we review in detail the
requirements outlined in it. Then we will know what we can and cannot do with
 24 Chapter 1 Hazardous Materials Regulatory Overview

the training programs that are prescribed in this section of the regulation. Keep
in mind that this is one of three areas where training is discussed in the HAZ-
WOPER regulation. This paragraph covers cleanup activities, as we know from
our earlier review. Paragraph (p), which covers TSDF operations, has its own
training programs, and paragraph (q) has the training requirements that apply to
emergency response personnel. In total, nine initial training levels are mandated
by the HAZWOPER regulation covering three groups. Of those, eight have man­
dated refresher courses. Of the 17 courses, paragraph (e) contains the specific
training mandates for five training programs including three initial training cer­
tifications and two refresher training programs.

■ Note
Training mandated by paragraph (e) covers those involved in cleanup operations
and not other activities such as emergency response.

As we have previously discussed, prior to the issuance of the HAZWOPER

regulations, there were few or no requirements specific to worker training for
those persons who worked at hazardous waste sites. This resulted in a high po­
tential for injury or exposure for those mostly untrained employees who worked
at hazardous waste cleanup sites. Because Superfund money was used in many
cases to fund the cleanup of such sites, the federal government felt compelled to
develop minimum guidelines for activities at these waste cleanup sites. An over­
view of the specific training requirements for those persons who work at hazard­
ous waste sites is given in the following section. What we see as we review is
that there are three training levels specified: General Site Worker, Occasional
Site Worker, and Supervisor.

General and Occasional Site Workers Draining The General Site Worker classification is
one of two classifications of workers who work at a waste site and for whom
specific safety training programs are mandated. The regulation lists examples of
those who qualify as General Site Workers and includes persons "such as equip­
ment operators, general laborers, and supervisory personnel." Clearly, these are
not the only ones who work at waste cleanup sites and might need to be trained
in safety practices at such sites, but it provides an example of the types of work­
ers who should be trained to this level. This level of training is the default level
for those workers at a hazardous waste site unless the workers meet the criteria
for the other level of training that is specified in this paragraph. That is the Oc­
casional Site Worker level, which we will discuss later.
The term General Site Worker is descriptive in that it denotes those who
are generally at the site where the cleanup operations take place and whose job
responsibilities possibly place them in contact with the hazardous substances
Permissible Exposure above the Permissible Exposure Limit (PEL) established by OSHA. The term
Limit (PEL) PEL, which will be expanded on in Chapter 3, essentially represents the maxi­
the level of exposure mum safe level of exposure that a worker can have to a hazardous substance.
established by OSHA Above this level of exposure, workers would be required to wear a specific PPE,
that an employee can
including the use of some type of respirator. With this level of training, work­
be exposed to on an
average basis over an ers are authorized to use the various levels of PPE that provide protection while
8-hour work period; engaged in activities that are considered to be hazardous and could expose them
exposure above this to hazardous levels if they are not protected.
level would require Because of this potential exposure, training for certification as a General Site
the use of some Worker is the highest level mandated in the entire HAZWOPER Regulation. It is
type of respiratory required that the training be at least 40 hours with an additional 3 days of on-the-
protection job supervised field training/experience. The need for the on-the-job experience
Chapter 1 Hazardous Materials Regulatory Overmen 2S

is clear when one reviews the list of items that must be covered during the train­
ing. The list of required items for these training programs is as follows:
• Names of personnel and alternates responsible for site safety and health
• Safety, health, and other hazards present on the site
• UseofPPE
• Work practices by which the employee can minimize risks from hazards
• Safe use of engineering controls and equipment on the site
• Medical surveillance requirements
• Recognition of signs and symptoms that might indicate exposure to haz­
ards
• Elements of the Site Health and Safety Plan, including:
o Decontamination procedures
° Site Emergency Response Plan
° Confined-space entry procedures
o Site-specific spill containment procedures

■ Note
Specific training topics are required for cleanup workers and are found in
paragraph (e).

Topics such as "names of personnel and alternates responsible for site safety
and health" or the "safety, health, and other hazards present on the site" could
only be addressed during the site-specific training programs because that infor­
mation would be specific to the site and perhaps even not known during the
initial 40 hours of training. In fact, as personnel move to other sites, the original
40 hours of training is transferable, but the required 3 days of on-the-job training
and monitoring must be repeated given that the site-specific hazards and infor­
mation would be different.

■ Note
Site-specific training is mandated to ensure that workers are made aware of site-
specific hazards and programs.

Occasional Site Workers Occasional Site Workers are identified in the regulation as employees who
those cleanup workers meet one of two criteria, each having to do with their possible exposure to haz­
at a HAZWOPER- ardous substances that might be present. The first is the group who are at the
regulated site whose site on only an occasional basis and whose potential exposure is below the es­
exposure to hazardous tablished PEL. Such workers might include well drillers or engineers who only
materials is below the
established PEL for the
occasionally visit the site for a specific purpose and whose exposure levels are
material very low given their work responsibilities. It is from the designation as only oc­
casionally on site that we derive the term Occasional Site Worker.
The second group of workers who fall in the Occasional Site Worker classi­
fication are those who work at a hazardous waste site on a regular or continuous
basis, but whose exposure is not above the PEL. The regulations mandate that
the sites be "fully characterized" and determined not to present any potential for
exposure to the workers since the workers will be there on a continuous basis.
At this level, the workers would not be required to wear respiratory protection,
since the need for respiratory protection implies that an exposure level above
 26 Chapter 1 Hazardous Materials Regulatory Overmen

the PEL is present. So Occasional Site Workers are only allowed to work in areas
where the hazards are known and below the PEL for the materials.

■Safety
5 Occasional Site Workers cannot work in areas where the level of exposure is
above the PEL or where the use of a respirator is required.

Based on the lesser potential for exposure, the Occasional Site Worker train­
ing programs are less involved in both the initial training requirements as well
as the on-the-job training. The programs are required to be at least 24 hours with
an additional 1 day of on-the-job, supervised field training/experience. This is
well below the level required for the General Site Worker, as we can see. While
their potential exposure to hazardous substances varies significantly, both clas­
sifications of site workers are mandated to have a training program that contains
the same basic elements. Because the General Site Workers course contains an
extra 16 hours of instruction plus two additional days of on-the-job supervised
field training/experience, the topics are covered in greater depth and focus on
protecting these workers from the hazardous materials present. Topics such as
the use of PPE and decontamination practices are emphasized because General
Site Workers may be involved in such activities.
Once the workers are trained and certified, the regulations mandate that the
training program be regularly refreshed and updated on an annual basis. The re­
fresher time lines are true for either the General or Occasional Site Worker level
in that each must receive an annual refresher training program of at least 8 hours
per year. Once this refresher training program is complete, the certification is
valid for another year. During this time the employee is required to receive an­
other 8-hour refresher class in order to remain certified.

■ Note
HAZWOPER training is required to be refreshed every year.

Supervisor Training As we have seen, the training for both the General and Occa­
sional Site Workers requires that each receive a certain amount of "supervised
field experience" under the supervision of a trained and experienced Supervisor.
Waste Site Supervisor The Waste Site Supervisor is another one of the levels of training mandated by
an individual trained the HAZWOPER regulation.
and certified under In this case, Supervisors are required to undergo the same initial training
the HAZWOPER program mandated for the workers they will supervise. Those Supervisors who
regulation whose job will be engaged in supervising General Site Workers (employees who need the
includes oversight 40-hour course plus 3 days of field experience) would need to have completed
of other certified
the same 40-hour training and supervised field experience as those they are
HAZWOPER waste-site
cleanup personnel
supervising. Supervisors of Occasional Site Workers would take only the 24-
hour program and 1 day of field training/supervision initially, because they
are supervising people whose exposure is expected to be minimal. As with the
other site workers, Supervisors are required to have the supervised field experi­
ence prior to being certified and also are required to take the annual refresher
training to maintain their certification as a site worker. However, no additional
refresher training is necessary once certified as a Supervisor other than to the
requirement to maintain their original General or Occasional Site Worker re­
fresher programs.
Chapter 1 Hazardous Materials Regulatory Overview 27

■ Note
Waste Site Supervisors must maintain certification at either a General or Occasional
Cleanup Worker level.

The actual training needed to qualify as a Supervisor following completion

of the General or Occasional Site Worker program is an additional 8-hour pro­
gram. The regulation detailing the training for Supervisors is not as specific as
we saw in the training requirements for waste-site cleanup personnel. In this
case, the regulation states that the Supervisor training program should cover:
such topics as . . . the employer's safety and health program and the as­
sociated employee training program, PPE program, spill containment
program, and health hazard monitoring procedures and techniques.
There is considerable latitude in this and because of that we find Supervisor
programs that range from being very good to those that are far less effective. Fig­
ure 1-2 depicts students receiving instruction on the use of PPE required by the
HAZWOPER regulation.

■ Note
Supervisor training is required to be at least 8 hours and to cover a range of topics.

One last reminder regarding the training requirements as outlined in para­

graph (e) is that while the regulation is specific as to the types of personnel who
are mandated to take the site worker training programs, it does not preclude
other types of employees from taking this training program. Recall our earlier
discussion that in many facilities, the 40-hour training class has become the
standard for training employees who work in that industry. Such is the case in
the petrochemical industry, the high-technology industry, and others, where we
find that many firms require parts of their workforce to receive the 40-hour train­
ing. The students receive certification as General Site Workers even though they
are not involved in activities at hazardous waste cleanup sites.
 28 Chapter 1 Hazardous Materials Regulatory Overview

The rationale for this is that these workers are exposed to similar hazards on
the job at the refinery or high-technology firm as found in waste cleanup sites.
Many other industries have followed suit and require 40-hour certification for
employees and contractors whose job responsibilities place them in close con­
tact with hazardous materials and hazardous wastes.

Paragraph (f): Medical surveillance

This paragraph outlines the requirements for medical examinations and medical
surveillance programs for certain groups of workers covered by the regulations.
In summary, paragraph (f) mandates that the following workers undergo annual
medical examinations:
• Those who are exposed to levels of the chemicals above the PELs for more
than 30 days per year
• Those who wear respirators for more than 30 days per year
HazMat team • Members of HazMat teams: workers defined in paragraph (a)(3) as those
those employees who who are part of an organized response team such as outlined in para­
are trained to respond graph (q), which include the Hazardous Materials Technician and Spe­
to an emergency cialist levels. In fact, paragraph (q) references this section as part of its
response involving requirements
hazardous substances
and who will assume • Those who are exposed to a hazardous substance and who exhibit signs
an aggressive role in and symptoms of exposure
stopping the release Certain other groups of employees working in the hazardous waste field are
also required to have medical examinations provided to them on an as-needed
basis. This includes workers who are injured as a result of exposure to chemi­
cals. In such cases, they would be seen by a physician who would determine the
frequency of follow-up examinations, if any.
A final note on this section is that while medical examinations are required,
there is no mandated type of examination that must take place. The regulation
states that the examination be done on an annual basis and include the patient's
medical and work history. This allows for a wide range of physical examinations
based on the judgment of the physician. I am sure that we can all recall doctors
who are very thorough, and others who do a cursory examination and take little
time or have little real understanding of the issues involved. To provide some
guidance, the paragraph does reference a number of standards that can be con­
sulted, but in no way are any of these required.

■ Note
Medical evaluations are required for specific types of workers covered under the
HAZWOPER regulation.

Paragraph (g): Engineering controls, work Practices, and PPE for Employee Protection
This paragraph outlines the manner in which OSHA mandates that employers
control the hazards present in any workplace. In many of its regulations, OSHA
requires that hazards be controlled in a particular order. Following is a summary
of these "controls," as OSHA refers to them. We will discuss these items again as
we introduce other hazards covered by the regulation.
• Engineering controls. This form of control is the most effective and in­
volves the elimination of the hazard through the use of items such as
ventilation systems to reduce airborne hazards, guardrails to reduce the
Chapter 1 Hazardous Materials Regulatory Overview 29

possibility of falling, design of the workplace to eliminate ergonomie con­

cerns, and so on.
• Administrative controls. This second form of controlling hazards involves
using rules and work practices that reduce the potential exposure. Exam­
ples of this could include staying out of an area where loud equipment is
in operation or rotating personnel in high-heat areas to reduce the poten­
tial of heat stress.
• Personal protective equipment. Recognizing that using PPE is the least ef­
fective means of protecting workers given its wide range of variables, OSHA
requires that this level of control be used as a last resort when the other two
means of controlling hazards are not fully effective in protecting workers.
As noted, a more complete discussion of these concepts will be given when
we discuss hazard and risk assessment in later chapters.

■ Note
OSHA mandates that employers provide systems to eliminate hazards and/or
control activities as part of the HAZWOPER regulation.

Paragraph (h): Monitoring

This paragraph covering monitoring addresses two major issues. These include
establishing a monitoring plan for the environment or site and a plan to monitor
the exposure of the personnel working at the site. Some of the items contained in
these monitoring programs include requirements for determining the presence
of a flammable atmosphere and whether the levels of an airborne contaminant
reach the IDLH levels.

■Safety
5 Monitoring the workplace and personnel exposure is a required element of a
HAZWOPER program.

Paragraph (I): informational Program

Another of the basic sections, and frankly one that seems to go without saying, is
this paragraph's requirement for employers to provide employees with informa­
tion regarding the hazards at the site. Much like the expanded Hazard Commu­
nication program that was discussed earlier, paragraph (i) states that the program
must be in writing and that it must define the actual level of hazards present at
the site and to which the employees may be exposed.

Paragraph (j): Handling Drums and containers

Because many of the activities related to work with hazardous waste cleanup
involves the use of drums and containers, the HAZWOPER regulations make
specific requirements for the handling, movement, and transportation of such
items. In this paragraph, we find requirements such as "unlabeled drums shall
be considered to contain hazardous materials and handled accordingly" and
"drums and containers that cannot be moved without rupture, leakage, or spill­
age shall be emptied" prior to moving. Figure 1-3 shows students practicing
product transfer from one container to another.
10 Chapter 1 Hazardous Materials Regulatory Oieraim

Figure 1-5 Students

learning the
proper method
of transferring
flammable liquids.

■ Note
Drum handling practices are outlined in section (j) of the HAZWOPER regulation.

Paragraph (k): Decontamination

decontamination The issues of decontamination are paramount in activities involving hazardous
the systematic waste cleanup sites, TSDFs, and emergency response activities. In fact, this para­
process of removing graph is referenced by both paragraph (p), which covers TSDF operations, and
hazardous materials paragraph (q), which covers emergency response activities, making it applicable
from personnel and
to all three types of activities covered by the HAZWOPER regulation. As we will
their equipment; it is
necessary to reduce
study in Chapter 8, the process of decontamination is necessary in order to limit
the potential for the exposure of those working at the site to the hazards present on the site, and
exposure to personnel to reduce the spread of the materials beyond the boundaries of the site. Imple­
and to minimize mentation of a decontamination procedure is required before any employee or
the spread of equipment leaves an area of potential hazardous exposure. Further, paragraph
contamination from (k) requires that standard operating procedures be established to minimize expo­
the site sure through contact with exposed equipment, other employees, or used cloth­
ing; and that showers and changing rooms be provided where needed. Figure 1-4
shows students training on the proper procedures involved in decontamination
activities.

■ Note
Decontamination is required to be performed as part of a HAZWOPER program.

Paragraph (l): Emergency Response at uncontrolled Hazardous waste Sites

Paragraph (1) is designated to cover the topic of an emergency occurring at a
hazardous waste cleanup site. In this paragraph, we find the requirements to
Chapter 1 Hazardous Materials Regulatory Overview 11

Figure 1-4 Students

practicing
decon tamin a tion
activities.

Emergency Response develop a written Emergency Response Plan for the handling of emergencies
Plan that could occur during hazardous waste operations. Such plans must address
a plan that is the following topics:
developed in advance
of an emergency
• Personnel roles
situation that • Lines of authority
identifies the actions • Training and communications
to be taken by all
employees at the site • Emergency recognition and prevention
in the event of an • Safe places of refuge
emergency
• Site security
• Evacuation routes and procedures
• Emergency medical treatment
• Emergency alerting
Keep in mind that these are the basic requirements for a waste site and that
they are not in conflict with the requirements of paragraph (q), which describes
the specific requirements for emergency response activities. In clarifying how
emergency response is to take place, OSHA has provided guidance documents
that state that all offensive emergency response activities regardless of location
must be done in accordance with the requirements of paragraph (q).

■ Note
Basic duties to be performed in the event of an emergency by employees at a
waste site is a component of the HAZWOPER regulation.

Paragraph (m): illumination

Because not all cleanup sites are in areas with fixed electrical service and/or the
work is done at night when lighting may be limited, this paragraph outlines the
basic amounts of lighting required at hazardous waste sites. These requirements
are consistent with other OSHA standards related to other types of work, includ­
ing those done at construction sites.
32 Chapter 1 Hazardous Materials Regulatory Overview

Paragraph (n): sanitation for Temporary workplace

In this paragraph, we find the requirements regarding toilets, sleeping areas, and
washing facilities for sites that are remote and that might not have access to such
facilities given their location. If we assume that some of the sites that are con­
taminated and covered by the HAZWOPER regulation could be remote, these re­
quirements would be very appropriate. As with the lighting requirements found
in paragraph (m), the requirements for number of toilets and washing facilities
are consistent with other OSHA regulations for other industries.
On reviewing the requirements in this section, we also find some that seem
to be common sense, although OSHA makes a point of listing them. One ex­
ample of this is found in paragraph (n)(3)(v), which lists the requirement that
"doors entering toilet facilities shall be provided with entrance locks controlled
from inside the facility" and that "employers shall assure that employees shower
at the end of their work shift and when leaving the hazardous waste site."

■ Note
OSHA mandates that specific sanitation practices be used during hazardous waste
operations.

Paragraph (o): New Technology Programs

Another of the small paragraphs covered by the regulation is the one involving
new technologies. Here we find the requirement for employers to look for new
ways to accomplish hazardous tasks in a less hazardous manner. As new tech­
nologies, concepts, or equipment become available, employers covered under
the HAZWOPER regulation are required to review them for possible inclusion
in site work plans.

Paragraph (p): Certain operations Conducted under the Resource conservation and
Recovery Act of 1976 (RCRA)
In the discussion regarding the scope of the regulation, we identified that the ma­
jority of the HAZWOPER regulation, 17 paragraphs or sections, is related to ac­
tivities at hazardous waste cleanup sites. Paragraph (p) then is a transition from
the requirements for waste site cleanup operations to those involving TSDF ac­
tivities. It contains all of the requirements related to these operations in the single
paragraph and references to some of the previous paragraphs. Paragraph (p) also
makes those referenced items part of the requirements for the TSDF sites.

■ Note
Paragraph (p) covers the requirements for those who are working at a TSDF
operation.

In some cases, paragraph (p) is a mini version of previously discussed items,

such as training requirements for workers who work at TSDF sites, requirements
for written programs and procedures, decontamination programs, new technol­
ogy programs, and medical surveillance requirements that are related to activi­
ties at TSDF sites. In other cases, these requirements are significantly different
from those for the waste cleanup workers.
An area where this is clearly the case is the identification of training require­
ments for employees at TSDFs. When we look carefully at these requirements,
Chapter 1 Hazardous Materials Regulatory Overview 55

we find that they are similar to those for Occasional Site Workers, but are not
actually the same. The training requirements for workers at TSDF sites are found
in paragraph (p)(8)(iii). This states that the minimum training requirement for
these workers is 24 hours. However, unlike the Occasional Site Worker require­
ment, there is no mention of a mandated number of hours of on-site training.
Additionally, the type of training topics is not specifically addressed in as much
detail as in paragraph (e) for the waste site cleanup workers.
Like the site cleanup workers, employees at TSDFs are also required to have
an annual 8-hour refresher class. A commonly asked question in this area is
whether the 8-hour refresher class for the waste site cleanup workers would
satisfy the requirements for certification as a TSDF worker. In some cases, the
training could be the same. However, depending on the specific operations, the
refresher training may need to be different.

■ Note
Initial training f o r workers at a TSDF is required t o be at least 24 hours.

Paragraph (q): Emergency Response to Hazardous Substance Releases

As with paragraph (p), paragraph (q) introduces a new group of workers to the
HAZWOPER requirements. This section covers those workers who are engaged in
emergency response activities to hazardous materials and wastes. Paragraph (q)
addresses a number of areas, including a detailed description of how to handle
emergency responses, the requirement to prepare and implement an Emergency
incident Command Response Plan, the need to use the Incident Command System (ICS), training re­
System (ICS) quirements for the five levels of response personnel identified in the paragraph,
a standardized tool and procedures to clean up spilled materials following the completion of emer­
to help manage an gency response activities. Regardless of whether the response activities are con­
emergency response; ducted by a governmental organization or a private company, the requirements
OSHA mandates the apply to all workers who have a role in the emergency response program.
use of the ICS in
handling emergency
responses to
hazardous materials
■ Note
Paragraph (q) provides t h e requirements of employees engaged in emergency
incidents
response activities.

In Chapter 11, we will discuss the details of the ICS and some of the other
systems that are often used to manage emergency response operations. After the
original development of the OSHA regulation and its requirement to use the
standardized ICS, a variation of the system titled the National Incident Manage­
ment System (NIMS), has now been developed for use throughout the United
States. As we will learn, this system, and others that are used at various state
levels, are based on the concepts created in the original ICS, making the use
of these systems in compliance with the OSHA requirement to use the ICS for
emergency response operations.
Because of its reach, anyone engaged in emergency response activities should
take time to thoroughly review this section. It begins with a lengthy list of things
that must be done in any emergency activity. A list of some of the specific re­
quirements includes the following:
• The senior response official must be in charge of a site-specific
Incident Command System (ICS) and all emergency responders
and their communications shall be coordinated and controlled
14 Chapter 1 Hazardous Materials Regulatory (hrenrlew

through the individual in charge of the ICS assisted by the senior

official present for each employer.
• The individual in charge of the ICS shall identify, to the extent
possible, all hazardous substances or conditions present and shall
address as appropriate site analysis, use of engineering controls,
maximum exposure limits, hazardous substance handling proce­
dures, and use of any new technologies.
• Based on the hazardous substances and/or conditions present, the
individual in charge of the ICS shall implement appropriate emer­
gency operations and assure that the personal protective equip­
ment worn is appropriate for the hazards to be encountered.
• Employees engaged in emergency response and exposed to haz­
ardous substances presenting an inhalation hazard or potential
inhalation hazard shall wear positive pressure self-contained
breathing apparatus while engaged in emergency response,
until such time that the individual in charge of the ICS deter­
mines through the use of air monitoring that a decreased level
of respiratory protection will not result in hazardous exposures
to employees.
• The individual in charge of the ICS shall limit the number of emer­
gency response personnel at the emergency site, in those areas of
potential or actual exposure to incident or site hazards, to those
who are actively performing emergency operations. However, op­
erations in hazardous areas shall be performed using the buddy
system in groups of two or more.
• Back-up personnel shall stand by with equipment ready to pro­
vide assistance or rescue. Qualified basic life support personnel
[properly trained, advanced first-aid support personnel or those
with a higher level, such as an Emergency Medical Technician
or Paramedic], as a minimum, shall also stand by with medical
equipment and transportation capability.
• The individual in charge of the ICS shall designate a safety offi­
cial, who is knowledgeable in the operations implemented at the
emergency response site, with specific responsibility to identify
and evaluate hazards and to provide direction with respect to the
safety of operations for the emergency at hand.
• When activities are judged by the safety official to be an IDLH
condition and/or to involve an imminent danger condition, the
safety official shall have the authority to alter, suspend, or termi­
nate those activities. The safety official shall immediately inform
the individual in charge of the ICS of any actions needed to be
taken to correct these hazards at the emergency scene.
• After emergency operations have terminated, the individual in
charge of the ICS shall implement appropriate decontamination
procedures.
HAZWOPER regulation, 29 CFR 1910.120, paragraph (q)(3)(i)

■ Note
Specific emergency response practices and training requirements are mandated in
section (q).
Chapter 1 Hazardous Materials Regulatory Overview 35

Emergency Responder Training Another of the more important areas of paragraph (q)
relates to the training requirements that emergency response personnel must re­
ceive before they are allowed to engage in emergency response activities. When
we review this topic, we find detailed information regarding the levels of train­
ing and what is required at each level, but none regarding which level applies
to which specific groups of workers. Specifically, the regulations cite that the
training "shall be based on the duties and function to be performed by each re­
sponder of an emergency response organization." This leaves the responsibility
for determining the level of training that will be provided to the specific workers
up to the employer. The employer is charged with the responsibility of determin­
ing what action they want their employees to undertake in the event of a release
of hazardous materials and then to train and certify them to that level. This
makes sense since the regulations state that it is the employer who is certifying
its employees to perform the tasks. While there is a responsibility for the train­
ers to provide the training, the regulation is clear that it is the employer who so
certifies the employee to respond at a particular level.

■ Note
Training for emergency response personnel is based on the duties that employees
are expected to perform.

Despite this being a little unclear as to who gets what level of training, there
are some general standards that are commonly followed throughout the United
States. During the discussion of the specific training levels, common organiza­
tions are listed that generally certify their employees to the specific levels.
Once it is clear what the employees are expected to do in the event of an
emergency, the regulations mandate that training be provided to one of five re­
sponder levels:
Level 1 First Responder Awareness (FRA)
Level 2 First Responder Operations (FRO)
Level 3 Hazardous Materials Technician
Level 4 Hazardous Materials Specialist
Level 5 On-scene Incident Commander
In looking at the specific requirements for each of these levels of training, we
find that Levels 1 through 4 are placed in order of progressively increasing knowl­
edge and job responsibilities. For example, to be certified and to function at Level 3
requires that you have been trained to and have the knowledge of the previous two
levels. In other words, the levels build as you go up. The exception to this rule
First Respond» comes into effect at Level 5. Personnel certified to Level 5 do not have to have com­
Awareness (FRA) level pleted all of the levels below them. In this case, they are mandated to be trained up
the first of the five through Level 2 and then receive additional training to certify them to Level 5.
levels of responder To help us understand the basic levels of responders, what they can do, and
found in the what training is required, we must take time to review the regulation in some
HAZWOPER regulation;
depth. It is extremely important that responders understand which of the levels
employees certified
to this level are
they have been trained and certified to, since this will dictate the level of in­
trained to recognize volvement in a hazardous materials release.
hazardous materials
emergency incidents First Responder Awareness Level The first level of emergency response train­
and to activate the ing is the First Responder Awareness (FRA) level. While termed a responder,
Emergency Response they are not really first responders as the term implies because their primary role
Plan for the site is not to respond to an emergency scene, but rather to identify the incident as
.a Chapter 1 Hazardous Materials Regulatory Overview

an emergency and leave the area. Their actions do not involve a response in the
traditional sense, but rather a reaction to the incident.
The regulation specifies that this level is designed for those employees who
are:
likely to witness or discover a hazardous substance release and who
have been trained to initiate the emergency response sequence by notify­
ing the proper authorities of the release.
They would take no further action beyond notifying the authorities of the release.
As we can see, this level of certification is severely limited in that the individuals
at this level are no more than someone who is aware of the spill. What do they do
with this awareness? They simply make others with more training aware so that
more highly trained personnel can conduct an emergency response.
In studying the regulation for this group, we find that there is no required
number of hours for the training of those eligible for certification to this level.
If you recall, this is consistent with the manner in which OSHA deals with al­
most all of its regulations such as the Hazard Communication regulation that
we discussed earlier. In almost every other type of training, OSHA does not list
minimum hours of training required for most of the programs that they regulate.
This is the case with this first level of responder as well. Instead, OSHA lists a
number of areas to which the student must objectively demonstrate competency.
In the case of the FRA level, these include the following:
• An understanding of what hazardous substances are and the risks
associated with them in an incident.
• An understanding of the potential outcomes associated with an
emergency created when a hazardous material is released.
• The ability to recognize the presence of a hazardous substance in
an emergency.
• The ability to identify the hazardous substances, if possible.
• An understanding of the role of the First Responder Awareness
individual in the employer's Emergency Response Plan, including
site security and control, and the U.S. Department of Transporta­
tion 's Emergency Response Guidebook.
• The ability to realize the need for additional resources and to
make appropriate notifications to the communications center.
HAZWOPER regulation, 29 CFR 1910.120, paragraph (q)(6)(i)

If we look at these, we find that this is a significant list of items to cover in a

training program. While it is true that there is no set number of hours listed for
certification to this level, most training programs designed to provide this certi­
fication range from 4 to 8 hours in their attempt to meet the listed competencies.
Remember, however, that because there are no listed hours for this level of certi­
fication, you might find some employers who certify their staff on the basis of a
very minimal program composed mostly of watching videotapes.
The next question regarding this level of training is just who might benefit
from this level of certification. Some of the examples are obvious and include
employees who work in areas where hazardous materials are used, stored, or
transported. This could include forklift drivers in a warehouse, shipping and
receiving personnel at a site where chemicals are used, or almost any worker
in a typical facility where chemicals are routinely handled. Another group of
personnel who often receive this training are some of the more traditional emer­
gency response personnel including police officers, Emergency Medical Services
(EMS) personnel (paramedics and emergency medical technicians), and Public
Chapter 1 Hazardous Materials Regulatory Overview 37

Works or other governmental employees whose job places them in areas where
chemical spills are possible.

■safety
5 FRA-trained personnel are only trained to recognize the emergency and call for
more highly trained personnel to respond.

■ Note
FRA training is often provided to police and EMS personnel.

First Responder Operations Level The second level of emergency response

First Responder training is called the First Responder Operations (FRO) level. The FRO level
Operations (FRO) level of training is designed for those workers who respond to an incident from an
the second level of area outside of the spill. Once at the scene, personnel at this level are expected
responder under the to initiate some type of action to minimize the effects of a spill or release of a
HAZWOPER regulation; hazardous material. As the regulations state, these workers:
it defines the training
requirements for respond to releases or potential releases of hazardous substances as part
those personnel of the initial response to the site for the purpose of protecting nearby per­
who respond to a sons, property, or the environment from the effects of the release. They
release of hazardous are trained to respond in a defensive fashion without trying to stop the
substances and release. Their function is to contain the release from a safe distance,
whose job involves
keep it from spreading and prevent exposures.
the defensive
containment of those So the key term in all of that is the word defensive. The regulation gives con­
materials; no contact siderable guidance on this by specifying that they work at a safe distance and not
with the hazardous approach the point of release, as other more highly trained personnel might.
substance is allowed
If we think about some examples of the types of actions that someone might
with this level of
training
initiate which are defensive, we could list things such as turning off the flow of a
gas or liquid from a safe area, evacuating an area that is potentially threatened by a
chemical release, or putting down materials to keep a spill of material from enter­
ing the environment. In the course of their activities, they may have to use some
defensive types of PPE; however, this is an area where they get close to overstepping their
actions conducted boundaries since they are not expected to ever enter an area where they might
from outside the contact the spilled material. In this case, the PPE is only to serve as a backup in the
hazardous areas event that the material does go beyond where it is expected to be. The FRO level
and are limited to personnel are to use distance as their primary source of protection. PPE is second­
protecting nearby ary protection for them. It could be argued that if they are relying on the PPE for
areas from the effects protection, they are too close and might be operating outside of the regulations
of a release of a
since they might be in an area where there is the potential for an exposure.
hazardous substance
Unlike the Awareness level, the regulations do specify a minimum number of
hours for certification to this level. The regulations specify that the training pro­
grams be at least 8 hours and that the students "objectively demonstrate compe­
tency" in the following areas in addition to those listed for the Awareness level:

■ Noce
FRO training is mandated to be at least 8 hours and covers specific competencies.

Knowledge of the basic hazard and risk assessment techniques.

Know how to select and use proper personal protective equipment
provided to the First Responder Operations level.
38 Chapter 1 Hazardous Materials Regulator» Overview

• An understanding of basic hazardous materials terms.

• Know how to perform basic control, containment, and/or confine­
ment operations within the capabilities of the resources and PPE
available with their unit
• Know how to implement basic decontamination procedures.
• An understanding of the relevant standard operating procedures
and termination procedures.
HAZWOPER regulation, 29 CFR 1910.120, paragraph (q)(6)(ii)

Although the regulations specify that this level of training must be at least
8 hours, this may not be enough time to demonstrate competency in the areas
listed, as is required by the regulations for all groups who are trained to this
level. For this reason, many programs that provide this training require more
than the minimum number of hours. It is not unusual to find programs up to
24 hours in length for training to the FRO level.
What groups of employees are typically trained to the FRO level? Consider­
ing that this is for those who respond to the release and initiate defensive ac­
tions, we might conclude that this group could include Fire Department person­
nel who respond from outside the site, or Emergency Response Team members
who are part of the site emergency response organization at the facility.
The key point to remember for personnel certified to respond at this level is
Hazardous Materials
that their response efforts are composed of defensive actions that will reduce the
Technician impact of the spill on people or limit the spread of the material in the environ­
an individual trained ment. Their actions should not involve product contact.
to the third level
Of HAZWOPER
emergency response ■ Note
training and whose job The FRO level training is the level regularly provided to Fire Department personnel
function involves an
aggressive/offensive
response to a release Hazardous Materials Technician Level The Hazardous Materials Technician
of a hazardous level is designed for employees whose job is to respond to a release of a material
material; personnel at and do what is necessary to correct the problems encountered. They are trained
this level are trained in dealing with spills at almost the highest level and are protected with the ap­
to select and use propriate level of personal protection that would be necessary to handle the
appropriate chemical types of emergency situations encountered by the release. The regulations state
protective equipment that they are individuals who:
that will allow them
to approach a release respond to releases or potential releases of hazardous substances for the
for the purpose of purpose of stopping the release. They assume a more aggressive role
stopping the release than a First Responder Operations level in that they approach the point
of release to plug, patch, or otherwise stop the release of a hazardous
substance.
offensive
actions allowed to Offensive actions are allowed to be conducted by personnel with this level
be performed by of training and include entering an area where the material is present and leak­
Hazardous Materials ing; identifying the hazards; taking samples for later analysis; performing field
Technicians include analysis; stopping the flow of material using various plugging, patching, or con­
entering the
tainment techniques; and even cleaning up or neutralizing the material to make
hazardous areas with
appropriate levels of
it safe. Certainly, entering an extremely hazardous area to rescue someone would
protection, rescuing best be done by personnel having this level of training and certification.
exposed personnel, Unlike training at the previous two levels, there are no restrictions relative to
and stopping the actions at hazardous materials releases for personnel certified to this level. They
release of the can wear the full range of chemical protective equipment and perform all types of
hazardous substances offensive activities in accordance with the training program that they received.
Chapter 1 Hazardous Materials Regulatory Overview 39

As with the FRO level, there is a minimum number of hours of training re­
quired for this level of certification. The regulations specify that personnel who
are certified at this level receive at least 24 hours of training, of which 8 hours
shall be equivalent to the FRO level, and that additionally they have competency
in the following areas:

■ Note
Technician training is mandated to be at least 24 hours and includes specific
competencies that must be demonstrated.

• Know how to implement the employer's emergency response plan.

• Know the classification, identification, and verification of known
and unknown materials by using field survey instruments and
equipment.
• Be able to function within an assigned role in the ICS (Incident
Command System).
• Know how to select and use proper specialized chemical personal
protective equipment provided to the Hazardous Materials Tech­
nician.
• Understand hazard and risk assessment techniques.
• Be able to perform advanced control, containment, and/or con­
finement operations and rescue injured or contaminated persons
within the resources and personal protective equipment available
with their unit.
• Understand and implement decontamination procedures.
• Understand termination procedures.
• Understand basic chemical and toxicological terminology and
behavior.
HAZWOPER regulation, 29 CFR 1910.120, paragraph (q)(6)(iii)

Again, while there is a minimum number of hours specified for certifica­

tion to the Technician level (24 hours), meeting the competencies listed for this
level might require a much more extensive training program. Unless the training
program is designed for some site-specific hazards of a given industry, and only
covers dealing with a specific range of hazardous materials (such as response to
ammonia in an ammonia refrigeration system), it would be reasonable to see that
far more than the minimum 24 hours of training could be needed. In fact, for
many hazardous materials response team members whose job requires them to
respond to a range of emergency situations involving both known and unknown
materials, it is easy to see that a program of only 24 hours would be insufficient.
For this reason, programs that certify personnel to this level generally range from
40 hours to as many as 240 hours.

■ Note
Many Technician level training programs exceed the minimum number of hours
based on the types of duties and materials expected to be encountered.

Again, it is not OSHA that mandates the type of employees who receive this
level of certification. What we find when we look at groups with this certification
 40 Chapter 1 Hazardous Materials Regulatory Overflew

is that they are employees who are part of a HazMat team. In some locations, this
involves members of the site Emergency Response Team for a particular business
or operation. In other cases, public safety agencies such as fire or police person­
nel receive this training.

Hazardous Materials Specialist Level The fourth level of response training is

Hazardous Materials the Hazardous Materials Specialist. While this level is listed separately in the
Specialist regulations, in practical terms there is little difference in actual practice between
the fourth level this and the Hazardous Materials Technician level. In many cases, Specialists
of emergency and Technicians function interchangeably in hazardous materials emergencies.
response personnel Many agencies often do not have anyone certified at the Specialist level and
in the HAZWOPER
choose to certify their personnel only to the Technician level since there is little
regulation; the
that the Specialist can do that the Hazardous Materials Technician cannot. How­
Hazardous Materials
Specialist's actions
ever, for organizations whose employees respond to a limited number of materi­
are similar to those als (such as a worker in an ammonia refrigeration facility), this level of training
of the Technician is ideal in that it allows employees to specialize in response activities to the
level, but may also specific materials present at their sites.
include training The regulation states that the Specialist level is for:
on the handling of
specific materials individuals who respond with and provide support to Hazardous Materi­
and interaction with als Technicians. Their duties parallel those of the Hazardous Materials
outside agencies Technician. However, those duties require a more directed and specific
knowledge of the various substances that they are called upon to con­
tain. The Hazardous Materials Specialist also acts as the site liaison with
federal, State, local and other governmental authorities in regards to site
activities.

m Noce
Duties of the Hazardous Materials Specialist are similar to those of the Technician.
They can include a more focused training on specific materials.

As with the previous two levels, there is a minimum number of hours re­
quired for certification to this level and the participants must have competency
in a number of areas as outlined. The regulations specify that the training pro­
gram shall be at least 24 hours, equal to the Technician level, and have the fol­
lowing competencies in addition:
• Know how to implement the local emergency response plan.
• Understand classification, identification, and verification of
known and unknown materials by using advanced survey instru­
ments and equipment.
• Know of the state emergency response plan.
• Be able to select and use proper specialized chemical personal
protective equipment provided to the Hazardous Materials
Specialist.
• Understand in-depth hazard and risk techniques.
• Be able to perform specialized control, containment, and/or con­
finement operations within the capabilities of the resources and
personal protective equipment available.
• Be able to determine and implement decontamination procedures.
• Have the ability to develop a site safety and health control plan.
Another random document with
no related content on Scribd:
that is, the reason of God’s supreme lieutenant, judge; and indeed
we have made him judge already, if we have given him a sovereign
power, to do all that is necessary for our peace and defence. A
private man has always the liberty, because thought is free, to
believe or not believe in his heart those acts that have been given
out for miracles, according as he shall see what benefit can accrue
by men’s belief, to those that pretend or countenance them, and
thereby conjecture whether they be miracles or lies. But when it
comes to confession of that faith, the private reason must submit to
the public; that is to say, to God’s lieutenant. But who is this
lieutenant of God, and head of the Church, shall be considered in its
proper place hereafter.
 CHAPTER XXXVIII.

OF THE SIGNIFICATION IN SCRIPTURE OF ETERNAL

LIFE, HELL, SALVATION, THE WORLD
TO COME, AND REDEMPTION.

The maintenance of civil society depending on justice, and justice

on the power of life and death, and other less rewards and
punishments, residing in them that have the sovereignty of the
commonwealth; it is impossible a commonwealth should stand,
where any other than the sovereign hath a power of giving greater
rewards than life, and of inflicting greater punishments than death.
Now seeing eternal life is a greater reward than the life present; and
eternal torment a greater punishment than the death of nature; it is
a thing worthy to be well considered of all men that desire, by
obeying authority, to avoid the calamities of confusion and civil war,
what is meant in Holy Scripture, by life eternal, and torment eternal;
and for what offences, and against whom committed, men are to be
eternally tormented; and for what actions they are to obtain eternal
life.
The place of And first we find that Adam was created in such a
Adam’s condition of life, as had he not broken the
eternity, if he
commandment of God, he had enjoyed it in the
had not
sinned, had paradise of Eden everlastingly. For there was the
been the tree of life, whereof he was so long allowed to eat,
terrestrial as he should forbear to eat of the tree of knowledge
Paradise. of good and evil; which was not allowed him. And
therefore as soon as he had eaten of it, God thrust him out of
Paradise, (Gen. iii. 22) lest he should put forth his hand, and take
also of the tree of life and live for ever. By which it seemeth to me,
(with submission nevertheless both in this, and in all questions
whereof the determination dependeth on the Scriptures, to the
interpretation of the Bible authorized by the commonwealth, whose
subject I am), that Adam, if he had not sinned, had had an eternal
life on earth, and that mortality entered upon himself and his
posterity by his first sin. Not that actual death then entered; for
Adam then could never have had children; whereas he lived long
after, and saw a numerous posterity ere he died. But where it is said,
(Gen. ii. 17) In the day that thou eatest thereof, thou shalt surely
die, it must needs be meant of his mortality, and certitude of death.
Seeing then eternal life was lost by Adam’s forfeiture in committing
sin, he that should cancel that forfeiture, was to recover thereby that
life again. Now Jesus Christ hath satisfied for the sins of all that
believe in him; and therefore recovered to all believers, that eternal
life which was lost by the sin of Adam. And in this sense it is that the
comparison of St. Paul holdeth, (Rom. v. 18, 19) As by the offence of
one, judgment came upon all men to condemnation, even so by the
righteousness of one, the free gift came upon all men to justification
of life; which is again (1 Cor. xv. 21, 22) more perspicuously
delivered in these words, For since by man came death, by man
came also the resurrection of the dead. For as in Adam all die, even
so in Christ shall all be made alive.
Texts Concerning the place wherein men shall enjoy
concerning that eternal life which Christ hath obtained for them,
the place of the texts next before alleged seem to make it on
life eternal,
for believers. earth. For if as in Adam all die, that is, have
forfeited paradise and eternal life on earth, even so
in Christ all shall be made alive; then all men shall be made to live
on earth; for else the comparison were not proper. Hereunto
seemeth to agree that of the psalmist (Psalm. cxxxiii. 3) upon Zion
God commanded the blessing, even life for evermore: for Zion is in
Jerusalem upon earth: as also that of St. John (Rev. ii. 7) To him
that overcometh I will give to eat of the tree of life, which is in the
midst of the paradise of God. This was the tree of Adam’s eternal
life; but his life was to have been on earth. The same seemeth to be
confirmed again by St. John (Rev. xxi. 2), where he saith, I John saw
the holy city, new Jerusalem, coming down from God out of heaven,
prepared as a bride adorned for her husband: and again (verse 10)
to the same effect: as if he should say, the new Jerusalem, the
paradise of God, at the coming again of Christ, should come down to
God’s people from heaven, and not they go up to it from earth. And
this differs nothing from that, which the two men in white clothing,
that is the two angels, said to the apostles that were looking upon
Christ ascending (Acts i. 11) This same Jesus, who is taken up from
you into heaven, shall so come, as you have seen him go up into
heaven. Which soundeth as if they had said he should come down to
govern them under his Father eternally here, and not take them up
to govern them in heaven; and is conformable to the restoration of
the kingdom of God instituted under Moses, which was a political
government of the Jews on earth. Again, that saying of our Saviour
(Matth. xxii. 30), that in the resurrection they neither marry, nor are
given in marriage, but are as the angels of God in heaven, is a
description of an eternal life, resembling that which we lost in Adam
in the point of marriage. For seeing Adam and Eve, if they had not
sinned, had lived on earth eternally in their individual persons; it is
manifest, they should not continually have procreated their kind; for
if immortals should have generated as mankind doth now, the earth
in a small time would not have been able to afford them place to
stand on. The Jews that asked our Saviour the question, whose wife
the woman that had married many brothers should be in the
resurrection, knew not what were the consequences of life eternal:
and therefore our Saviour puts them in mind of this consequence of
immortality; that there shall be no generation, and consequently no
marriage, no more than there is marriage or generation among the
angels. The comparison between that eternal life which Adam lost,
and our Saviour by his victory over death hath recovered, holdeth
also in this; that as Adam lost eternal life by his sin, and yet lived
after it for a time, so the faithful Christian hath recovered eternal life
by Christ’s passion, though he die a natural death, and remain dead
for a time, namely, till the resurrection. For as death is reckoned
from the condemnation of Adam, not from the execution; so life is
reckoned from the absolution, not from the resurrection of them that
are elected in Christ.
 Ascension That the place wherein men are to live eternally,
into heaven. after the resurrection, is the heavens, (meaning by
heaven, those parts of the world, which are the most remote from
earth, as where the stars are, or above the stars, in another higher
heaven, called cœlum empyreum, whereof there is no mention in
Scripture, nor ground in reason), is not easily to be drawn from any
text that I can find. By the Kingdom of Heaven, is meant the
kingdom of the King that dwelleth in heaven; and his kingdom was
the people of Israel, whom he ruled by the prophets, his lieutenants;
first Moses, and after him Eleazar, and the sovereign priests, till in
the days of Samuel they rebelled, and would have a mortal man for
their king, after the manner of other nations. And when our Saviour
Christ, by the preaching of his ministers, shall have persuaded the
Jews to return, and called the Gentiles to his obedience, then shall
there be a new kingdom of heaven; because our king shall then be
God, whose throne is heaven: without any necessity evident in the
Scripture, that man shall ascend to his happiness any higher than
God’s footstool the earth. On the contrary, we find written (John iii.
13) that no man hath ascended into heaven, but he that came down
from heaven, even the son of man, that is in heaven. Where I
observe by the way, that these words are not, as those which go
immediately before, the words of our Saviour, but of St. John
himself; for Christ was then not in heaven, but upon the earth. The
like is said of David (Acts ii. 34) where St. Peter, to prove the
ascension of Christ, using the words of the Psalmist (Psalm xvi. 10),
Thou wilt not leave my soul in hell, nor suffer thine holy one to see
corruption, saith, they were spoken, not of David, but of Christ; and
to prove it, addeth this reason, For David is not ascended into
heaven. But to this a man may easily answer, and say, that though
their bodies were not to ascend till the general day of judgment, yet
their souls were in heaven as soon as they were departed from their
bodies; which also seemeth to be confirmed by the words of our
Saviour (Luke xx. 37, 38), who proving the resurrection out of the
words of Moses, saith thus, That the dead are raised, even Moses
shewed at the bush, when he calleth the Lord, the God of Abraham,
and the God of Isaac, and the God of Jacob. For he is not a God of
the dead, but of the living; for they all live to him. But if these words
be to be understood only of the immortality of the soul, they prove
not at all that which our Saviour intended to prove, which was the
resurrection of the body, that is to say, the immortality of the man.
Therefore our Saviour meaneth, that those patriarchs were
immortal; not by a property consequent to the essence and nature
of mankind; but by the will of God, that was pleased of his mere
grace, to bestow eternal life upon the faithful. And though at that
time the patriarchs and many other faithful men were dead, yet as it
is in the text, they lived to God; that is, they were written in the
Book of Life with them that were absolved of their sins, and
ordained to life eternal at the resurrection. That the soul of man is in
its own nature eternal, and a living creature independent on the
body, or that any mere man is immortal, otherwise than by the
resurrection in the last day, except Enoch and Elias, is a doctrine not
apparent in Scripture. The whole of the xivth chapter of Job, which
is the speech not of his friends, but of himself, is a complaint of this
mortality of nature; and yet no contradiction of the immortality at
the resurrection. There is hope of a tree, saith he, (verse 7) if it be
cast down. Though the root thereof wax old, and the stock thereof
die in the ground, yet when it scenteth the water it will bud, and
bring forth boughs like a plant. But man dieth and wasteth away,
yea, man giveth up the ghost, and where is he? And (verse 12) Man
lieth down, and riseth not, till the heavens be no more. But when is
it, that the heavens shall be no more? St. Peter tells us, that it is at
the general resurrection. For in his 2nd Epistle, chap. iii. verse 7, he
saith, that the heavens and the earth that are now, are reserved
unto fire against the day of judgment, and perdition of ungodly men,
and (v. 12) looking for, and hasting to the coming of God, wherein
the heavens shall be on fire and shall be dissolved, and the elements
shall melt with fervent heat. Nevertheless, we according to the
promise look for new heavens, and a new earth, wherein dwelleth
righteousness. Therefore where Job saith, man riseth not till the
heavens be no more; it is all one, as if he had said, the immortal life,
(and soul and life in the Scripture do usually signify the same thing,)
beginneth not in man, till the resurrection and day of judgment; and
hath for cause, not his specifical nature and generation, but the
promise. For St. Peter says, not We look for new heavens and a new
earth, from nature, but from promise.
Lastly, seeing it hath been already proved out of divers evident
places of Scripture, in chap. xxxv. of this book, that the kingdom of
God is a civil commonwealth, where God himself is sovereign, by
virtue first of the old, and since of the new covenant, wherein he
reigneth by his vicar or lieutenant; the same places do therefore also
prove, that after the coming again of our Saviour in his majesty and
glory, to reign actually and eternally, the kingdom of God is to be on
earth. But because this doctrine, though proved out of places of
Scripture not few nor obscure, will appear to most men a novelty, I
do but propound it; maintaining nothing in this, or any other
paradox of religion; but attending the end of that dispute of the
sword, concerning the authority, not yet amongst my countrymen
decided, by which all sorts of doctrine are to be approved or
rejected; and whose commands, both in speech and writing,
whatsoever be the opinions of private men, must by all men, that
mean to be protected by their laws, be obeyed. For the points of
doctrine concerning the kingdom of God, have so great influence on
the kingdom of man, as not to be determined, but by them, that
under God have the sovereign power.
The place As the kingdom of God, and eternal life, so also
after God’s enemies, and their torments after judgment,
judgment of appear by the Scripture to have their place on earth.
those who
were never in The name of the place, where all men remain till the
the kingdom resurrection, that were either buried, or swallowed
of God, or up of the earth, is usually called in Scripture, by
having been words that signify under ground; which the Latins
in, are cast read generally infernus, and inferi, and the Greek
out.
ἃδης, that is to say, a place where men cannot see;
and containeth as well the grave, as any any other deeper place. But
for the place of the damned after the resurrection, it is not
determined, neither in the Old nor New Testament, by any note of
situation; but only by the company: as that it shall be, where such
wicked men were, as God in former times, in extraordinary and
miraculous manner, had destroyed from off the face of the earth: as
for example, that they are in Inferno, in Tartarus, or Tartarus.
in the bottomless pit; because Corah, Dathan, and
Abiron, were swallowed up alive into the earth. Not that the writers
of the Scripture would have us believe, there could be in the globe
of the earth, which is not only finite, but also, compared to the
height of the stars, of no considerable magnitude, a pit without a
bottom, that is, a hole of infinite depth, such as the Greeks in their
demonology, (that is to say, in their doctrine concerning demons),
and after them the Romans, called Tartarus; of which Virgil (Æn. vi.
578, 579) says,

Bis patet in præceps tantum, tenditque sub umbras,

Quantus ad ætherium cœli suspectus Olympum:

for that is a thing the proportion of earth to heaven cannot bear: but
that we should believe them there, indefinitely, where those men
are, on whom God inflicted that exemplary punishment.
The Again, because those mighty men of the earth,
congregation that lived in the time of Noah, before the flood,
of giants. (which the Greeks call heroes, and the Scripture
giants, and both say were begotten by copulation of the children of
God with the children of men,) were for their wicked life destroyed
by the general deluge; the place of the damned, is therefore also
sometimes marked out, by the company of those deceased giants;
as Proverbs xxi. 16, The man that wandereth out of the way of
understanding, shall remain in the congregation of the giants; and
Job xxvi. 5, Behold the giants groan under water, and they that dwell
with them. Here the place of the damned is under the water. And
Isaiah xiv. 9, Hell is troubled how to meet thee (that is, the King of
Babylon) and will displace the giants for thee: and here again the
place of the damned, if the sense be literal, is to be under water.
Thirdly, because the cities of Sodom and Gomorrah, Lake of fire.
by the extraordinary wrath of God, were consumed
for their wickedness with fire and brimstone, and together with them
the country about made a stinking bituminous lake: the place of the
damned is sometimes expressed by fire, and a fiery lake, as in the
Apocalypse, xxi. 8, But the timorous, incredulous, and abominable,
and murderers, and whoremongers, and sorcerers, and idolaters,
and all liars, shall have their part in the lake that burneth with fire
and brimstone; which is the second death. So that it is manifest,
that hell fire, which is here expressed by metaphor from the real fire
of Sodom, signifieth not any certain kind or place of torment; but is
to be taken indefinitely, for destruction, as it is in Rev. xx. 14, where
it is said, that death and hell were cast into the lake of fire; that is to
say, were abolished and destroyed; as if after the day of judgment,
there shall be no more dying, nor no more going into hell; that is, no
more going to Hades, (from which word perhaps our word Hell is
derived,) which is the same with no more dying.
Utter Fourthly, from the plague of darkness inflicted on
darkness. the Egyptians, of which it is written (Exod. x. 23)
They saw not one another, neither rose any man from his place for
three days; but all the children of Israel had light in their dwellings;
the place of the wicked after judgment, is called utter darkness, or,
as it is in the original, darkness without. And so it is expressed
(Matth. xxii. 13) where the king commanded his servants, to bind
hand and foot the man that had not on his wedding garment, and to
cast him out, εἰς τὸ σκοτος τὸ ἐξώτερον, into external darkness, or
darkness without: which though translated utter darkness, does not
signify how great, but where that darkness is to be; namely, without
the habitation of God’s elect.
Gehenna, and Lastly, whereas there was a place near Jerusalem,
Tophet. called the Valley of the Children of Hinnon; in a part
whereof, called Tophet, the Jews had committed most grievous
idolatry, sacrificing their children to the idol Moloch; and wherein
also God had afflicted his enemies with most grievous punishments;
and wherein Josiah had burned the priests of Moloch upon their own
altars, as appeareth at large in the 2nd of Kings, chap. xxiii.: the
place served afterwards to receive the filth and garbage which was
carried thither out of the city; and there used to be fires made from
time to time, to purify the air, and take away the stench of carrion.
From this abominable place, the Jews used ever after to call the