Scope and application overview

This standard covers hazardous waste operations, emergency responses, and related activities when employees are exposed or reasonably could be exposed to safety or health hazards. See 1910.120(a) which lists the scope and main categories of operations covered by the standard.

• The standard applies when there is employee exposure or a reasonable possibility of exposure to safety or health hazards.
• Specific covered operations are described in 1910.120(a)(1).

(Primary authority: 1910.120(a)).

Yes — clean-up operations required by a governmental body at uncontrolled hazardous waste sites are covered when employees could be exposed to hazards. See 1910.120(a)(1)(i).

• This includes sites on the EPA National Priority List (NPL), state priority lists, sites recommended for the NPL, and initial investigations of government-identified sites before hazardous substances are confirmed.
• Coverage depends on employee exposure or the reasonable possibility of exposure; if no exposure can be demonstrated, the employer may show the operation is not covered.

(Authority: 1910.120(a)(1)(i)).

Yes — corrective actions involving clean-up operations at sites covered by the Resource Conservation and Recovery Act (RCRA) are covered when employees are exposed or could be exposed. See 1910.120(a)(1)(ii).

• These corrective actions fall within the standard’s scope when they involve hazardous substances and present worker exposure risks.
• Note that some RCRA-regulated treatment, storage, and disposal (TSD) facilities may be subject to specific paragraph (p) requirements rather than the entire 1910.120. See 1910.120(a)(2)(iii).

(Authority: 1910.120(a)(1)(ii)).

Yes — voluntary clean-up operations at sites recognized by federal, state, or local governments as uncontrolled hazardous waste sites are covered when there is employee exposure or a reasonable possibility of exposure. See 1910.120(a)(1)(iii).

• Voluntary status (i.e., not required by government) does not automatically exclude the activity from coverage if the site is governmental ly recognized and worker exposure exists.
• Employers must evaluate exposure and comply with the appropriate paragraphs of 1910.120 when coverage applies.

(Authority: 1910.120(a)(1)(iii)).

Operations at RCRA-regulated TSD facilities must comply only with the requirements of paragraph (p) of 1910.120, not the entire standard. See 1910.120(a)(1)(iv) and 1910.120(a)(2)(iii).

• Paragraph (p) contains the specific requirements tailored for TSD operations regulated by 40 CFR parts 264 and 265 or equivalent state programs and required to have permits or interim status.
• Employers who are conditionally exempt small quantity generators or otherwise “excepted employers” may be exempt from paragraphs (p)(1)–(p)(7); see 1910.120(a)(2)(iii)(B).

(Authorities: 1910.120(a)(1)(iv) and 1910.120(a)(2)(iii)).

Emergency response operations for releases or substantial threats of releases of hazardous substances generally must comply with paragraph (q), unless they occur in areas used primarily for treatment, storage, or disposal, which must comply with paragraph (p)(8). See 1910.120(a)(1)(v), 1910.120(a)(2)(iv), and 1910.120(a)(2)(iii)(C).

• If the emergency response is at a TSD area used primarily for treatment, storage, or disposal, paragraph (p)(8) applies.
• In other areas not used primarily for TSD, responders must follow paragraph (q); compliance with paragraph (q) is considered compliance with paragraph (p)(8).

(Authorities: 1910.120(a)(1)(v) and 1910.120(a)(2)(iv)).

Yes — all requirements of parts 1910 and 1926 apply to hazardous waste and emergency response operations pursuant to their terms, whether or not those operations are covered by 1910.120. See 1910.120(a)(2)(i).

• Employers must comply with any specific requirements in other standards that apply to their activities (for example, respiratory protection, PPE, fall protection, etc.).
• If there's an overlap or conflict, the more protective provision applies without regard to 1910.5(c)(1).

(Authorities: 1910.120(a)(2)(i) and 1910.5(c)(1)).

Hazardous substance clean-up operations within the scope of 1910.120(a)(1)(i)–(iii) must comply with all paragraphs of 1910.120 except paragraphs (p) and (q). See 1910.120(a)(2)(ii).

• This means typical government-required, RCRA corrective, and voluntary clean-ups at uncontrolled hazardous waste sites are covered by the full set of requirements (except p and q).
• Paragraphs (p) and (q) are reserved for TSD facilities and emergency response, respectively.

(Authority: 1910.120(a)(2)(ii)).

The standard defines "emergency response" as a response by employees from outside the immediate release area or by designated responders to an occurrence that results, or is likely to result, in an uncontrolled release of a hazardous substance; incidental releases that can be controlled by employees in the immediate area are excluded. See 1910.120(a)(3).

• Incidental releases that employees in the immediate release area (or maintenance personnel) can absorb, neutralize, or control at the time of release are not considered emergency responses under the standard.
• Responses where there is no potential safety or health hazard (e.g., no fire, explosion, or chemical exposure) are also not emergency responses.

(Authority: 1910.120(a)(3)).

A "buddy system" means organizing employees into work groups so each employee is observed by at least one other employee to provide rapid assistance in an emergency. See the definition in 1910.120(a)(3).

• Use the buddy system where conditions require rapid assistance or observation for safety (for example, in IDLH atmospheres or when workers enter contaminated zones).
• The purpose is to ensure someone is available to summon help or provide immediate aid if an incident occurs.

(Authority: 1910.120(a)(3)).

A HAZMAT team is an employer-designated group expected to handle and control leaks or spills of hazardous substances by potentially approaching the substance closely, and it is distinct from a fire brigade, although a HAZMAT team can be part of a fire brigade. See the definition of "Hazardous materials response (HAZMAT) team" in 1910.120(a) and the related definitions in 1910.120(a)(3).

• HAZMAT team members perform responses to control or stabilize hazardous substance incidents and are not automatically a fire brigade.
• A HAZMAT team may be a separate component of a fire brigade or fire department but has distinct roles focused on hazardous substance control.

(Authority: 1910.120(a)(3)).

No — excepted employers (conditionally exempt small quantity generators or those qualifying under 40 CFR 262.34) are not covered by paragraphs (p)(1) through (p)(7), though they may still be covered by paragraph (p)(8) in certain emergency response situations. See 1910.120(a)(2)(iii)(B).

• If an excepted employer is required by EPA or a state agency to have employees engage in emergency response, or directs employees to do so, they are covered by paragraph (p)(8) and cannot use the (p)(8)(i) exemption.
• Excepted employers who direct employees only to evacuate and meet the conditions in 1910.120(p)(8)(i) may be exempt from the rest of paragraph (p)(8).

(Authority: 1910.120(a)(2)(iii)(B)).

If an area is used primarily for treatment, storage, or disposal, any emergency response operations in that area must comply with paragraph (p)(8) of 1910.120. See 1910.120(a)(2)(iii)(C).

• Emergency responses in areas not used primarily for TSD must comply with paragraph (q) instead; compliance with paragraph (q) is deemed compliance with paragraph (p)(8).
• This distinction ensures that TSD-specific provisions apply where the area’s primary use is treatment, storage, or disposal.

(Authority: 1910.120(a)(2)(iii)(C)).

The standard includes health hazards as defined in the Hazard Communication Standard and refers employers to [1910.1200] for criteria on classification. See the cross-reference to 1910.1200 in the Definitions portion of 1910.120.

• The term "health hazard" in 1910.120 includes the same categories (e.g., acute toxicity, carcinogenicity, reproductive toxicity) used in 1910.1200 and its Appendix A.
• Employers should use the Hazard Communication criteria to determine whether chemicals present health hazards under 1910.120.

(Authorities: 1910.120 and 1910.1200).

IDLH is defined as an atmospheric concentration of a toxic, corrosive, or asphyxiant substance that poses an immediate threat to life, would cause irreversible or delayed adverse health effects, or would interfere with an individual's ability to escape; it matters because IDLH conditions trigger requirements for specialized respiratory protection and entry controls. See the IDLH definition referenced in 1910.120 and the Respiratory Protection standard at 1910.134 (cross-cited within 1910.120).

• Recognizing IDLH atmospheres directs employers to use appropriate respiratory protection and emergency procedures.
• The standard also defines "oxygen deficiency" (less than 19.5% by volume) which is treated as immediately dangerous to life or health.

(Authorities: 1910.120 and 1910.134).

When there is a conflict or overlap, the provision that is more protective of employee safety and health applies, without regard to [1910.5(c)(1)]. See the statement in 1910.120 that directs application of the more protective rule irrespective of 1910.5(c)(1).

• Employers must evaluate overlapping requirements and follow the more protective obligations.
• This ensures the highest level of worker protection when multiple standards could apply.

(Authority: 1910.120 and 1910.5(c)(1)).

Yes — compliance with the requirements of paragraph (q) is deemed to be in compliance with the requirements of paragraph (p)(8). See 1910.120(a)(2)(iii)(C) and 1910.120(a)(2)(iv).

• In practice, this means emergency responders following paragraph (q) requirements meet the obligations of paragraph (p)(8) when both might otherwise apply.

(Authorities: 1910.120(a)(2)(iii)(C) and 1910.120(a)(2)(iv)).

No — remediation activities involving asbestos-containing building materials performed during repair, renovation, or similar work are covered by OSHA’s construction asbestos standard, [1926.1101], not the general industry standard [1910.1001], even if the company is not a typical construction employer. See OSHA’s letter of interpretation on asbestos remediation protocols at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 which explains that such remediation work is covered by 1926.1101 rather than [1910.1001].

• Property remediation work (e.g., after fires, floods, or other damage) that disturbs asbestos-containing building materials triggers coverage under the construction asbestos standard.
• Employers performing such work should follow [1926.1101] requirements for exposure control, work practices, and protective measures.

(Authority and guidance: OSHA letter, "Asbestos remediation protocols" at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 and construction asbestos standard [1926.1101].)

Yes — employers must consider oxygen-deficient atmospheres and treat them as immediately dangerous to life or health (IDLH) conditions for respiratory protection and work planning. See the definitions in 1910.120 that reference "oxygen deficiency" and the cross-reference to respiratory protection requirements in 1910.134.

• An oxygen-deficient atmosphere (less than 19.5% oxygen by volume) requires appropriate respiratory protection and control measures.
• Employers must plan entry, monitoring, and rescue procedures where oxygen deficiency is possible.

(Authorities: 1910.120 and 1910.134).

Responses to releases where there is no potential safety or health hazard (for example, no risk of fire, explosion, or chemical exposure) are not considered emergency responses under 1910.120 and therefore are not subject to the emergency response provisions of the standard. See the definition of "emergency response" and exclusion for no-potential-hazard releases in 1910.120(a)(3).

• Employers should still evaluate hazards and apply other applicable OSHA standards (e.g., hazardous communication, PPE) as appropriate.
• The key test is whether the release poses a safety or health hazard or is likely to result in an uncontrolled release.

(Authority: 1910.120(a)(3)).

No — the definition of "facility" in 1910.120 excludes consumer products in normal consumer use from coverage. See the definition of "facility" in 1910.120(a)(3).

• A facility includes buildings, structures, sites where hazardous substances are deposited, stored, or disposed, but explicitly excludes consumer products in consumer use.
• Employers should still consider other standards if job tasks involve exposure to hazardous substances from consumer products outside normal consumer use.

(Authority: 1910.120(a)(3)).

Any location where hazardous waste operations take place that fall within the scope of the standard is considered a "hazardous waste site" or "facility" for purposes of 1910.120. See the definitions and scope in 1910.120(a)(1)–(3).

• If employees are engaged in clean-up, corrective actions, voluntary clean-ups, or emergency responses as defined by the standard, the site is treated as a facility under 1910.120.
• The employer must then apply the appropriate paragraphs of 1910.120 depending on the operation type and site status (e.g., paragraphs p or q where applicable).

(Authority: 1910.120(a)(1)–(3)).

An employer can avoid coverage only by demonstrating that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards; the burden is on the employer to show lack of exposure. See the opening sentence of 1910.120(a)(1).

• Employers should document hazard assessments, monitoring results, and work practices that show employees are not exposed or there is no reasonable possibility of exposure.
• If any uncertainty exists about potential exposure, the operation should be treated as covered and protective measures implemented.

(Authority: 1910.120(a)(1)).

Yes — Under 1910.120(b)(1)(i) employers must develop and implement a written safety and health program for employees involved in hazardous waste operations that is designed to identify, evaluate, and control hazards and provide for emergency response. See Requirement in 1910.120(b)(1)(i).

• The program must be written and implemented for employees who will work on hazardous waste operations.
• The program's purpose is to identify, evaluate, and control safety and health hazards and to provide for emergency response as required by the standard.

The written program must include an organizational structure, a comprehensive workplan, a site-specific safety and health plan, the safety and health training program, the medical surveillance program, the employer's standard operating procedures for safety and health, and any necessary interfaces between general program and site-specific activities. See Requirement in 1910.120(b)(1)(ii).

• For reference, those elements are listed in the standard at 1910.120(b)(1)(ii)(A)–(G).

The program must establish the chain of command and specify overall responsibilities, including naming a general supervisor, a site safety and health supervisor, all other personnel needed, and lines of authority, responsibility, and communication. See Requirement in 1910.120(b)(2)(i).

• The organizational structure must be reviewed and updated as operations change per 1910.120(b)(2)(ii).

The comprehensive workplan must describe the tasks and objectives of site operations, logistics and resources, anticipated clean-up and normal operations, methods to accomplish tasks, personnel requirements, training implementation, informational programs, and medical surveillance implementation. See Requirement in 1910.120(b)(3).

• Key subrequirements include: 1910.120(b)(3)(i)–(v).

The site-specific safety and health plan must address the safety and health hazards of each phase of site operation and include requirements and procedures for employee protection, and it must be kept on site. See Requirement in 1910.120(b)(4)(i).

• Minimum elements required are listed in 1910.120(b)(4)(ii) and include hazard analyses, training assignments, PPE assignments, medical surveillance requirements, monitoring plans, site control measures, decontamination procedures, emergency response, confined space entry, and spill containment.

Yes — the site-specific safety and health plan must provide for pre-entry briefings to be held prior to initiating any site activity and as necessary thereafter to ensure employees know and follow the plan. See Requirement in 1910.120(b)(4)(iii).

• The briefings must use information from site characterization and analysis in 1910.120(c).

Inspections must be conducted by the site safety and health supervisor or a knowledgeable representative to determine the plan's effectiveness, and the employer must correct any deficiencies. See the inspection requirement and corrective action in 1910.120(b)(4)(iv) and the evaluation requirements in 1910.120(c).

• Inspections should be frequent enough to verify the plan is followed and to identify and correct shortcomings promptly.

Yes — site excavations must be shored or sloped as appropriate to prevent collapse, and they must comply with the excavation rules in construction subpart P of 29 CFR part 1926. See Requirement in 1910.120(b)(1)(iii) and consult the construction excavation standards such as 1926.650, 1926.651, and 1926.652 for specific shoring and sloping requirements.

• Applying the construction excavation rules ensures consistent protection against cave-ins during hazardous waste operations.

Employers must inform contractors and subcontractors (or their representatives) of the site emergency response procedures and any identified potential hazards such as fire, explosion, health, safety, or other hazards, including those in the employer's information program. See Requirement in 1910.120(b)(1)(iv).

• This communication helps ensure all parties understand site risks and emergency procedures before starting work.

The written safety and health program must be made available to any contractor or subcontractor or their representative involved in the hazardous waste operation, to employees, to employee-designated representatives, to OSHA personnel, and to other Federal, state, or local regulatory personnel with authority over the site. See the availability requirement in 1910.120(b)(2).

• Making the program available ensures transparency and coordination among all parties working on the site.

A qualified person must perform a preliminary evaluation of a site's characteristics prior to site entry to help select appropriate employee protection methods. See Requirement in 1910.120(c)(2) and the definition of "qualified person" in the standard's definitions.

• A "qualified person" is someone with specific training, knowledge, and experience for the area of responsibility and authority to control the work.

All suspected conditions that may pose inhalation or skin absorption hazards that are immediately dangerous to life or health (IDLH), or other conditions that may cause death or serious harm, must be identified during the preliminary survey and evaluated during the detailed survey. See Requirement in 1910.120(c)(3).

• Examples include confined space hazards, potentially explosive/flammable situations, visible vapor clouds, and biological indicators such as dead animals or vegetation.

Before entry, employers must obtain information such as the location and approximate size of the site, description of the response activity or job task, duration of planned employee activity, site topography and accessibility, and expected safety and health hazards. See Required information in 1910.120(c)(4).

• The standard lists these items specifically at 1910.120(c)(4)(i)–(v).

Post emergency response is considered part of the initial response when an employer's own employees who were part of the initial emergency response perform the post-emergency work; only a separate group of the employer's employees (not part of the initial responders) conducting the clean-up would be treated as performing post-emergency response and subject to paragraph 1910.120(q)(11).

• See the definition of "post emergency response" in the standard and the cross-reference to 1910.120(q)(11).

The site safety and health supervisor is the individual located on the hazardous waste site responsible to the employer and with the authority and knowledge necessary to implement the site safety and health plan and verify compliance with applicable safety and health requirements. See the definition in 1910.120(b).

• This person conducts inspections, enforces the site plan, and verifies that protective measures are in place and followed.

The site-safety plan must specify the frequency and types of air monitoring, personnel monitoring, and environmental sampling techniques and instrumentation to be used, including methods for maintenance and calibration of monitoring and sampling equipment. See Requirement in 1910.120(b)(4)(ii)(E).

• Including these details ensures monitoring data are reliable and measurements meaningful for worker protection.

The site-specific plan must list personal protective equipment for each site task and operation, and PPE use must follow the personal protective equipment program required in [1910.120(g)(5)]. See PPE element in 1910.120(b)(4)(ii)(C) and the referenced PPE program at 1910.120(g)(5).

• The plan should match PPE to tasks and ensure training, maintenance, and proper use are included.

The emergency response plan must meet the requirements of paragraph (l) and include provisions for safe and effective responses to emergencies, including the necessary PPE and other equipment. See the emergency response element in 1910.120(b)(4)(ii)(H) and the cross-reference to 1910.120(l).

• The plan should address who responds, communications, required equipment, evacuation, and coordination with outside emergency responders when applicable.

The comprehensive workplan must provide for implementation of the medical surveillance program described in paragraph (f), meaning employers must include and carry out medical surveillance as part of the overall site workplan. See Medical surveillance linkage in 1910.120(b)(3)(vi) and the medical surveillance program requirements in 1910.120(f).

• Integrating medical surveillance ensures exposures and worker health are tracked and addressed in a coordinated way.

OSHA's interpretation explains that remediation activities involving asbestos-containing building materials are covered by the construction standard 29 CFR 1926.1101, not the general industry asbestos standard. See OSHA's letter on asbestos remediation protocols at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 and the construction asbestos standard at 1926.1101.

• If your remediation work involves ACBM (for example, in residential homes or building repairs), follow 1926.1101 requirements for training, work practices, and controls rather than the general industry standard.

The employer must select an ensemble of PPE for initial site entry that protects workers to levels below applicable permissible exposure limits (PELs) or published exposure levels and against other known or suspected site hazards. See 1910.120(c)(5)(i).

• Use the results of the preliminary site evaluation to identify chemical, physical, and health hazards and pick PPE that will reduce exposures below PELs or published exposure levels.
• If no PEL or published level exists, use other authoritative studies or information as a guide (see 1910.120(c)(5)(ii)).
• If the preliminary evaluation does not yield enough information, provide at least a Level B ensemble as a minimum until hazards are characterized, and use direct-reading instruments to check for IDLH conditions (see 1910.120(c)(5)(iii)).

Cite: 1910.120(c)(5)(i) and related paragraphs in 1910.120(c)(5).

Employees must carry an escape self-contained breathing apparatus of at least five minutes' duration during initial site entry when respiratory protection is warranted but a positive-pressure SCBA is not part of the entry ensemble. See 1910.120(c)(5)(ii).

• This applies only if the preliminary site evaluation indicates respiratory hazards and the employer has determined a positive-pressure SCBA is not being used for entry.
• The escape SCBA is a last-resort device to allow workers to exit safely if conditions worsen during initial entry.

Cite: 1910.120(c)(5)(ii).

During initial site entry, employers must use direct-reading instruments to monitor for ionizing radiation and appropriate direct-reading equipment (e.g., combustible gas meters, detector tubes) to detect IDLH or other immediately dangerous conditions, visually observe for signs of danger, and implement ongoing monitoring once characterization allows operations to begin. See 1910.120(c)(6).

Key actions:

• Monitor with direct-reading instruments for hazardous levels of ionizing radiation (1910.120(c)(6)(i)).
• Monitor the air with appropriate direct-reading equipment for IDLH conditions and other lethal hazards, such as combustible/explosive atmospheres or oxygen deficiency (1910.120(c)(6)(ii)).
• Conduct visual observations for signs of IDLH or other dangerous conditions (1910.120(c)(6)(iii)).
• After site characterization shows conditions are safe to start operations, implement an ongoing air monitoring program per paragraph (h) (1910.120(c)(6)(iv)).

Cite: 1910.120(c)(6) and its subparagraphs.

The site control program must, at a minimum, include a site map; site work zones; a buddy system; site communications including emergency alerting means; standard operating procedures or safe work practices; and identification of the nearest medical assistance. See 1910.120(d)(3).

Practical tips:

• Post or distribute the site map and zone boundaries so all workers know where hot, warm, and cold zones are located.
• Establish a buddy system and reliable communications (radios, signals) and test them before work starts.
• Ensure SOPs/safe work practices and the location of the nearest medical facility are clearly communicated to all employees.

Cite: 1910.120(d)(3).

General site workers engaged in hazardous substance removal must receive a minimum of 40 hours of off-site instruction and at least three days of supervised field experience; employers must also provide eight hours of refresher training annually. See 1910.120(e)(3)(i) and 1910.120(e)(8).

Summary:

• Initial training for general site workers: 40 hours off-site plus a minimum of three days actual field experience under a trained, experienced supervisor (1910.120(e)(3)(i)).
• Occasional site visitors or workers with limited exposure may have reduced initial training (see 1910.120(e)(3)(ii)).
• Annual refresher: at least eight hours covering required topics, incident critiques, and other relevant matters (1910.120(e)(8)).
• Trainers must be qualified and employees must be certified in writing on completion (1910.120(e)(5), 1910.120(e)(6)).

Cite: 1910.120(e)(3)(i), 1910.120(e)(8), and related training provisions.

Employers engaged in operations listed in 1910.120(a)(1)(i) through (a)(1)(iv) (and not covered by the exceptions in (a)(2)(iii)), and employers of employees specified in paragraph (q)(9), must institute a medical surveillance program. See 1910.120(f)(1).

Practical points:

• The listed operations in 1910.120(a)(1) include a variety of hazardous waste operations and emergency responses that can expose employees to hazardous substances.
• If your operation is excepted under 1910.120(a)(2)(iii), medical surveillance may not be required—check that exception carefully.

Cite: 1910.120(f)(1), and see 1910.120(a)(1) for the covered operations.

If remediation work involves asbestos-containing building materials, the OSHA construction asbestos standard, 29 CFR 1926.1101, generally applies rather than the general industry asbestos standard. See OSHA's interpretation in the asbestos remediation protocols letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14.

Key takeaways from the interpretation:

• Property remediation activities that involve disturbance, removal, or handling of ACBM are typically within the scope of the construction asbestos standard [29 CFR 1926.1101] rather than [29 CFR 1910.1001].
• This applies even if the remediation company is not a traditional construction contractor; the nature of the work (repair, removal, demolition) is the controlling factor.

Cite: OSHA Letter of Interpretation, "Asbestos remediation protocols" (Nov. 14, 2024) at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14.