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OSHA 1926.65AppD

Reference materials for standard

Subpart D

23 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926.65 App D, what kinds of reference materials does OSHA list for hazardous waste site safety?

Under 1926.65 App D, OSHA lists federal agency guidance, manuals, handbooks, and field standard operating procedures that may be consulted for hazardous waste site activities. The appendix specifically names OSHA enforcement instructions, EPA field SOPs, NIOSH/OSHA guidance manuals, DOT emergency guides, FEMA planning guides, and other technical and training resources (Reference in 1926.65 App D).

  • Use these documents for background, planning, and best-practice guidance.
  • These are non‑mandatory references to help comply with the regulatory requirements in the standard itself.

Cited: 1926.65 App D.

Under 1926.65 App D, does OSHA include NIOSH materials for hazardous waste site activities?

Yes. Under 1926.65 App D, OSHA includes NIOSH/OSHA joint guidance documents for hazardous waste site activities, such as the “Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities” (Reference in 1926.65 App D).

  • Employers may consult these NIOSH materials for technical guidance on worker protection, sampling, and medical surveillance at hazardous waste sites.

Cited: 1926.65 App D.

Under 1926.65 App D, is EPA guidance on decontamination and site safety planning referenced?

Yes. Under 1926.65 App D, OSHA references EPA Field Standard Operating Procedures, including “The Decontamination of Response Personnel” (F.S.O.P. 7) and “Preparation of a Site Safety Plan” (F.S.O.P. 9) as helpful resources (Reference in 1926.65 App D).

  • These EPA SOPs provide practical steps for decon setup, worker egress, and written site safety plans that support compliance with site‑specific hazard controls.

Cited: 1926.65 App D.

Under 1926.65 App D, are the listed references mandatory requirements employers must follow?

No. Under 1926.65 App D, the listed references are suggested materials that "may be consulted for further information" and are not themselves mandatory regulatory requirements (Reference in 1926.65 App D).

  • Employers must follow the binding requirements in the OSHA standards (for example, the obligations in 1926.65), but may use the appendix references for additional guidance and best practices.

Cited: 1926.65 App D.

Under 1926.65 App D, is there a recommended guide for selecting personal protective equipment (PPE) for hazardous materials incidents?

Yes. Under 1926.65 App D, OSHA lists the NIOSH publication “Personal Protective Equipment for Hazardous Materials Incidents: A Selection Guide” as a reference to help select PPE appropriate to hazardous materials incidents (Reference in 1926.65 App D).

  • Use such guidance to match hazard types, chemical properties, and expected exposure levels to suitable PPE ensembles.

Cited: 1926.65 App D.

Under OSHA's Asbestos standard for construction (29 CFR 1926.1101), which standard applies to property remediation activities involving asbestos?

Under OSHA's asbestos rules, remediation activities involving asbestos-containing building materials in the property remediation industry are covered by the construction asbestos standard, 29 CFR 1926.1101, not the general industry asbestos standard, according to OSHA's interpretation (Asbestos remediation protocols LOI).

  • Employers performing remediation that disturbs asbestos-containing building materials (ACBM) must follow the procedures, exposure assessments, and worker protections in 29 CFR 1926.1101.

Cited: Asbestos remediation protocols LOI.

Under OSHA's Asbestos standard for construction (29 CFR 1926.1101), what respirators are required for Class I asbestos work when exposures exceed 1 f/cc TWA?

Under 29 CFR 1926.1101 for Class I asbestos work, when exposure levels exceed 1 fiber per cubic centimeter (f/cc) as an 8‑hour TWA, employers must provide full facepiece supplied‑air respirators (SARs) operated in pressure‑demand mode with an auxiliary positive‑pressure self‑contained breathing apparatus (SCBA) (Respirator selection for asbestos work LOI).

  • If exposures are at or below 1 f/cc and a negative exposure assessment is demonstrated, employers may select respirators per Table 1 of 29 CFR 1910.134, but must still meet the asbestos rule's filter and equipment requirements.

Cited: Respirator selection for asbestos work LOI.

Under OSHA PPE rules and the LOI on PPE hazard assessment, must employers perform a written hazard assessment before requiring PPE?

Under the PPE requirements, employers must assess the workplace to determine if hazards are present that require PPE, and if PPE will be required they must prepare a written certification of the hazard assessment (PPE hazard assessment requirements LOI).

  • The assessment should identify hazards (chemical, biological, physical), possible controls, and the PPE selected.
  • OSHA recommends performing an initial survey and updating the assessment when conditions change.

Cited: PPE hazard assessment requirements LOI.

Under OSHA guidance, do employers have to hire a specially certified person to perform the PPE hazard assessment for microbial or chemical hazards on every job?

No. OSHA requires the employer to assess the workplace for hazards and to document the assessment when PPE will be required, but it does not mandate that a particular certification be used for every assessment; the employer must ensure the assessment is reliable and performed by someone knowledgeable about the hazards (PPE hazard assessment requirements LOI).

  • Employers should use qualified personnel (internal or external) who can identify chemical, biological, and physical hazards and select appropriate PPE; documentation of the assessment is required when PPE is mandated.

Cited: PPE hazard assessment requirements LOI.

Under OSHA sanitation standards, do OSHA sanitation requirements apply to railroad track employees and roadway maintenance groups working along tracks?

Yes. OSHA sanitation requirements apply to railroad track employees and roadway maintenance groups working along tracks when the Federal Railroad Administration (FRA) has not promulgated sanitation regulations that preempt OSHA; employers must provide sanitation facilities under 29 CFR 1910.141 or 29 CFR 1926.51 as applicable (OSHA sanitation standards applicability LOI).

  • If another federal agency (here FRA) has no sanitation regulations for the specific working conditions, OSHA's sanitation rules remain enforceable.

Cited: OSHA sanitation standards applicability LOI.

Under OSHA scaffold and fall protection guidance, are conveyance cars or temporary elevator platforms considered suspended scaffolds subject to Subpart L?

Yes. Conveyances operating with temporary or incomplete guides, suspended by temporary cables, using temporary hoists, or combined with temporary devices meet the definition of a suspended scaffold and are subject to the scaffold safety rules in 29 CFR 1926 Subpart L (Scaffold and fall protection clarification LOI).

  • Fall protection must meet 29 CFR 1926.451(g) and falling object/overhead protection must meet 29 CFR 1926.451(h) for employees on such conveyances.

Cited: Scaffold and fall protection clarification LOI.

Under OSHA initiatives, is engineered stone fabrication and installation a target for focused silica inspections?

Yes. OSHA established a focused inspection initiative for respirable crystalline silica in engineered stone fabrication and installation industries to prioritize enforcement and ensure abatement of silica hazards (Silica inspections initiative memorandum).

  • Inspections in these NAICS codes will cover hazards related to respirable crystalline silica and supplement OSHA's National Emphasis Program on silica.

Cited: Silica inspections initiative memorandum.

Under OSHA guidance, does the inorganic arsenic standard cover arsenic-treated wood dust exposures during carpentry or renovation?

No. OSHA's inorganic arsenic standard does not cover arsenic‑treated wood, but exposures from arsenic‑treated wood dust are covered by OSHA's Hazard Communication standard (29 CFR 1910.1200), which requires employers to provide information and training about hazards and controls (Arsenic-treated wood standard coverage LOI).

  • Employers must follow HCS requirements (labels, safety data sheets, training) and treat wood dust hazards accordingly.

Cited: Arsenic-treated wood standard coverage LOI.

Under OSHA's hearing conservation guidance, are noise‑canceling headphones acceptable as hearing protection in place of earplugs or earmuffs?

OSHA allows employers to rely on hearing protection devices that effectively reduce exposure to or below the action level; an acceptable device must provide sufficient attenuation and be worn correctly, so noise‑canceling headphones may be acceptable if they have demonstrated attenuation to the required level and are part of an effective hearing conservation program (Noise‑canceling headphones LOI).

  • Selection should be based on measured attenuation (e.g., NRR) or fit‑testing and on audiometric results; employers must provide, fit, train, and replace hearing protection at no cost.

Cited: Noise‑canceling headphones LOI.

Under OSHA guidance, is annual CPR retraining mandated for all employers?

No. OSHA does not mandate a specific retraining interval for CPR in most situations, although its Best Practices Guide recommends annual instructor‑led retraining for life‑threatening emergencies; some specific OSHA standards do require CPR/first aid training for certain work (for example, confined spaces, logging, or electrical work) (CPR retraining and OSHA guidance LOI).

  • If your industry standard includes a CPR requirement (e.g., 29 CFR 1910.146 for permit‑required confined spaces), follow that standard's training frequency.

Cited: CPR retraining and OSHA guidance LOI.

Under OSHA correspondence about lead standards, is OSHA planning to update the blood lead levels for medical removal and other Lead standard elements?

Yes. OSHA published an Advance Notice of Proposed Rulemaking (ANPRM) in June 2022 seeking input on updating Lead standards, including blood lead levels for medical removal and other provisions; the agency is reviewing comments as part of potential rulemaking (Lead standard update inquiry LOI).

  • Employers should monitor rulemaking actions and continue to comply with current lead standards and medical surveillance guidance until any revisions are finalized.

Cited: Lead standard update inquiry LOI.

Under 1926.65 App D, does OSHA recommend Incident Command System (ICS) materials for emergency response?

Yes. Under 1926.65 App D, OSHA lists Incident Command System materials (e.g., publications from Oklahoma State University and other ICS resources) as references for organizing incident management and emergency response on hazardous sites (Reference in 1926.65 App D).

  • Use ICS guidance to establish clear command, control, and communication structures during site emergencies.

Cited: 1926.65 App D.

Under 1926.65 App D, is there a reference for decontamination procedures for response personnel?

Yes. Under 1926.65 App D, OSHA references EPA’s Field SOP 7, “The Decontamination of Response Personnel,” which provides practical procedures for setting up decontamination lines and controlling contamination spread at hazardous response operations (Reference in 1926.65 App D).

  • Employers should consult these procedures when developing site‑specific decontamination plans to meet the standard’s hazard control objectives.

Cited: 1926.65 App D.

Under 1926.65 App D, does OSHA include DOT and FEMA emergency planning and guidebooks for hazardous materials transportation and business continuity?

Yes. Under 1926.65 App D, OSHA lists DOT’s “Emergency Response Guidebook” and FEMA planning guides such as the “Report to the Congress on Hazardous Materials Training, Planning and Preparedness” and “Disaster Planning Guide for Business and Industry” as references for transportation response and preparedness (Reference in 1926.65 App D).

  • These resources help employers plan for off‑site transport incidents and business continuity following hazardous substance events.

Cited: 1926.65 App D.

Under 1926.65 App D, is the EPA “National Priorities List” referenced as useful information?

Yes. Under 1926.65 App D, OSHA lists the EPA’s “National Priorities List” as one of the references that may be consulted for information about hazardous sites and priority cleanup locations (Reference in 1926.65 App D).

  • Employers and responders can use NPL information to identify federal superfund sites and historical contamination concerns when planning work.

Cited: 1926.65 App D.

Under 1926.65 App D, where can employers find practical checklists or workbooks for on‑site safety planning?

Under 1926.65 App D, OSHA points to practical resources such as EPA Field SOPs and FEMA/F.S.O.P. materials that include checklists and workbooks (for example, EPA F.S.O.P. 9 “Preparation of a Site Safety Plan”) to help employers prepare written site safety plans (Reference in 1926.65 App D).

  • Employers should adapt those checklists to site‑specific hazards and the mandatory elements required by OSHA standards.

Cited: 1926.65 App D.

Under OSHA interpretations, can employers change respirator types mid‑project for Class I asbestos work if initial samples show exposures above 1 f/cc?

No. OSHA's interpretation makes clear that if initial or representative monitoring shows exposures exceed 1 f/cc for Class I asbestos work, employers must provide full facepiece pressure‑demand SARs with an auxiliary positive‑pressure SCBA and cannot switch to lower‑level respirators for the remainder of the work (Respirator selection for asbestos work LOI).

  • Employers should plan for and supply the required respirators until monitoring consistently shows exposures at or below the applicable threshold and a valid negative exposure assessment is documented.

Cited: Respirator selection for asbestos work LOI.

Under OSHA guidance, if a workplace has wood dust from treated wood, which OSHA standard requires employers to provide hazard information and training?

Under OSHA guidance, exposures to dust from arsenic‑treated wood are subject to the Hazard Communication Standard, 29 CFR 1910.1200, which requires employers to provide hazard information, safety data sheets, labeling, and training to exposed workers (Arsenic-treated wood standard coverage LOI).

  • Treat wood dust hazards under the HCS and provide training on health effects, controls, and PPE; manufacturers/importers must supply SDSs and labels where applicable.

Cited: Arsenic-treated wood standard coverage LOI.