The Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) applies to five distinct groups of employers and their employees. These include any employees who are exposed or potentially exposed to hazardous substances — including hazardous waste — and who are engaged in one of the following operations:

clean-up operations — required by a governmental body, whether federal, state, local, or other involving hazardous substances — that are conducted at uncontrolled hazardous waste sites;

corrective actions involving clean-up operations at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42 U.S.C. 6901 et seq.);

voluntary clean-up operations at sites recognized by federal, state, local, or other governmental body as uncontrolled hazardous waste sites;

operations involving hazardous wastes that are conducted at treatment, storage, and disposal facilities regulated by Title 40 Code of Federal Regulations Parts 264 and 265 pursuant to RCRA, or by agencies under agreement with U.S. Environmental Protection Agency to implement RCRA regulations; and

emergency response operations for releases of, or substantial threats of releases of, hazardous substances regardless of the location of the hazard.

(More information can be found in osha documents as specified by 1910.120 and 1926.65)

OSHA has authorized several specific HAZMAT training courses know has the hazwoper training courses.These courses are comprised of the 40 hour hazwoper, 24 hour hazwoper and the 8 hour hazwoper refresher course.

Many OSHA authorized sites like OSHAu.co offer hazwoper training courses online.These courses can be administered in self-paced, downloadable modules which allow the student to complete the required training at their leisure.Online training also provides employers with the benefit of allowing their employees to take the required training from any internet-based computer eliminating travel costs and while maintaining productivity. The benefits of online training are realized through increased safety and health of employees and an increased protection of our environment and it’s resources.

EPA Announces Next Steps on Two Hazardous Waste Rules

EPA is announcing next steps on two hazardous waste rules to respond to concerns raised by stakeholders: the Definition of Solid Waste rule and the Emission Comparable Fuels rule. 

EPA is planning to hold a public meeting to discuss possible revisions to the Definition of Solid Waste (DSW) rule in response to an administrative petition asking the agency to reconsider and repeal the rule. The rule became effective on December 29, 2008. The meeting is planned for the end of June, and a Federal Register notice with the details of the meeting will be published in May. 

The DSW rule modified the regulations for recycling hazardous secondary materials to encourage the recycling of certain materials to help conserve resources. The rule includes conditions designed to ensure that the recycling of the materials is protective of human health and the environment. The rule also takes into account a series of opinions in the U.S. Court of Appeals for the D.C. Circuit on the meaning of the term “discard,” which forms the basis of the definition of solid waste.

Since publication of the DSW rule, the Sierra Club has raised concerns about the effectiveness and protectiveness of the rule and has requested EPA stay the rule in an administrative petition. In addition, the Sierra Club and the American Petroleum Institute have filed judicial petitions for review in the U.S. Court of Appeals for the D.C. Circuit. Various industry groups have also filed letters opposing the Sierra Club’s administrative petition. 

EPA expects that stakeholders’ input at the public meeting will assist the agency in deciding whether to make revisions to the rule and how such revisions would further ensure that the rule appropriately and safely encourages resource conservation for those hazardous secondary materials that are conditionally excluded. The Federal Register notice announcing the meeting will raise specific questions for consideration, particularly related to reclamation that is not under the control of the generator. Any revisions to the rule would be made through the full public rulemaking process. 

EPA is also planning to propose a rule to withdraw the Emission Comparable Fuels (ECF) rule, which became effective on January 20, 2009. The proposal will present the agency’s concerns and request comments from the public after publication in the Federal Register, planned for November 2009. After evaluating the public comments, the EPA will make a decision on whether to repeal the exclusion.

The ECF rule removed regulatory costs by reclassifying certain manufacturing byproducts as non-wastes. ECF is fuel that is produced from a hazardous waste, but which generates emissions when burned in an industrial boiler that are comparable to emissions from burning fuel oil. The materials must also be stored under an elaborate set of requirements. The final rule has been criticized for allowing hazardous waste to evade the hazardous waste regulatory system, and also for being difficult to administer. Industry members have also criticized it because of the detailed and prescriptive conditions for reclassification, which they believe will limit the rule’s use. 

More information on the Definition of Solid Waste rule: http://www.epa.gov/epawaste/hazard/dsw/rulemaking.htm

More information on the Emission Comparable Fuels rule: http://www.epa.gov/epawaste/hazard/tsd/td/combust/compfuels/exclusion.htm

Battery powered electric industrial forklift trucks are becoming more and more prevalent. With benefits of longer run times, shorter recharging times and reduced emissions, electric trucks are going to become even more common. From small, motorized pallet trucks to larger capacity forklift trucks. No matter what kind of truck you have, there are similar hazards associated with batteries and their maintenance.

-Weight issue - even the smallest of industrial forklift batteries weigh as much as 2000 lbs. or more
-Gases emitted during charging can be highly volatile
-Corrosive chemicals exist within the unit

For these reasons, battery charging areas must be properly equipped with personal protective equipment (PPE) for workers in addition to having safety procedures in place. Batteries should only be moved and replaced from the forklifts using a special equipped forklift or battery lift specifically created for transporting batteries, securely placed and restrained in that equipment.

Batteries release oxygen and hydrogen gases as they are charging. In the right concentrations, these gases can be highly explosive. Called “gassing”, it is more noticeable if the battery is being overcharged. Due to “gassing”, charging areas should be in well ventilated areas, and ideally even equipped with specially provided systems eg fume hoods or exhaust fans, a well ventilated area will prevent hydrogen and oxygen from reaching volatile levels.

Sulphuric acid is a common and hazardous component in a forklift (or other) battery. In the event of a battery acid spill, neutralizing agents and cleanup materials which should be to hand at all times should be placed on the liquid. After the spill is neutralized, it can be safely cleaned up and disposed of in accordance with your local regulations. Only properly trained and authorized employees should perform an acid cleanup.

PPE: proper footwear, such as steel toe capped boots should be worn. Chemical-resistant gloves, acid apron, eye wear and face protection are a must. They will reduce the risk of injury should an acid spill occur. As stated by OSHA 29 CFR 1910.133(a)(1), “The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapours, or potentially injurious light radiation.”

Face protection should meet the ANSI Z87.1-1989 specifications or be proven equally effective. Face shields are considered as secondary eye protection only. Indirect or non-vented safety spectacles should also be worn to protect the eyes. An eye/face wash and shower are other required pieces of equipment that must be provided in or near a battery changing area. According to OSHA 29 CFR 1910.151, “…where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.”

The Compliance Resource Center has reported that both the domestic hazardous materials transportation regulations and international rules for shipping batteries have undergone significant changes over the past two years.  All batteries, alkaline, lithium, lead, nickel metal hydride, carbon zinc, etc., or battery powered products are subject to 49 CFR 173.21(c) in the U.S. hazardous materials regulations.   Many batteries that were previously unregulated or under-regulated must now be thoroughly evaluated to determine hazard potential. Detailed packaging and communication standards must be followed under. 

Adding complexity to the issue is the fact that shipping requirements vary greatly, depending on the mode of transport and the type of battery.  Battery shipping regulations affect a wide array of industries from manufacturers and part suppliers to freight forwarders and distributors.  Regardless of whether a lithium or lithium ion cell or battery qualifies for the exceptions in the regulations, shippers must still comply with requirements of 49 CFR 173.21(c). That is, the cells and batteries must be securely packaged and offered for transportation in a manner that prevents the dangerous evolution of heat and short circuits.

Both FedEx and UPS will refuse to accept packages not meeting FedEx, Government or IATA requirements.

Do you ship or receive any materials considered hazardous by the US DOT (49 CFR 172.101)?  If so, you MUST have a security plan (49 CFR part 172.800) which includes security awareness training to all who load, unload or have some responsibility putting the hazardous materials in commerce.  This might include the person in the office who fills out the shipping papers, or the forklift driver who unloads the truck in your loading bay.  Everyone involved with the process must be trained. 

The DOT has become more active fining companies and organizations for not having a security plan and not doing the training.  Large or small, profit or not-for-profit, it doesn’t matter.  Security awareness training is now considered one of the 5 parts of HAZMAT training.  the 5 parts include: General Awareness, Function-Specific, Safety, Security Awareness, and Security In-Depth (if you need and have a security plan as classified by (49CFR 172.800(b)(1-7). If your hazardous materials fall under this last part, then you must do a full security plan including a assessment and training.  The plan needs to be in writing and available to all who are affected.

The Compliance Resource Center can help you do a security assessment, write a security plan and customize hazmat training specificly for your company.  All of our HAZMAT training is customize for the hazardous materials you ship or receive.  You employees get ALL the training required by the US DOT Pipline and Hazardous Materials Safety Adminsitration.  DOT Hazmat training for ground is required every 3 years and for air and/or ocean every 2 years. 

Recently, Chuck Armstrong, Safety Manager for the City of Chicago, sent me a website to check out.  This short video http://www.hazmatsolutions.net/erg/ explains how to use an Emergency Response Guidebook (ERG).   Click on the quiz at the end of the presentation to test your knowledge.  

This video can also be used a part of a training class if your safety department is involved with hazardous materials.   

Thanks for passing this information to our readers.  If you have anything like this (which is not a commercial) let us know and we will give everyone the information to use.

It is interesting that in the 29CFR 1910, there are 2 parts that have similar, yet vastly different relationships.  Both parts deal with hazardous materials but the difference is only one (1) zero or is it?  1910 part 120 is the regulation for hazardous waste operations and emergency response, and 1910.1200 is the compliance regulation for hazardous communications. 

Hazardous communications almost always is in the top 5 of most frequently cited standards of OSHA violations.  The most common citation is for failing to have a written program 1910.1200(e) and failure to train employees 1910.1200(h).

So what does this mean?  Employers are required to have an updated MSDS (Material Safety Data Sheet) book on ALL hazardous chemicals/materials in the workplace.  The book should be available to all employees who work with these hazardous materials.  Each time a new or changed hazardous material enters the workplace the MSDS book should be updated.  In addition, all hazardous materials must be properly labeled with a similar 3 or 4 part hazardous label similar to the ones seen above.  Some labels include proper PPE (personnel protective equipment) to be worn when working with this hazardous material.

Another key part of the Hazardous Communication standard is the training.  The training 1910.1200(h)(3) shall include at least:

• Methods and observations to detect the presence or release of a hazardous material in the work area.
• Physical and health hazards of hazardous materials in work area
• Measures take for protection.
• Information including how to use the hazardous labels, MSDS sheets and where employees can get information.

To avoid compliance issues with the Hazcom standard, start with a hazardous materials audit and develop you policies and procedures.  Next write a Hazcom program that includes training, and then do the training.  Remember, every time a hazardous material changes or is introduced into the workplace, or a new employee is put into that environment you must train or retrain all involved.  Avoid the problems and avoid the fines.  Write the program and do the training.

I recently became aware of a journal (Fire Engineering) that has a variety of articles about fire, hazmat and safety. One the articles that came to my attention was by Steven M. De Lisi.   Mr. De Lisi retired after a fire service career spanning 27 years that included serving as a regional training manager for the Virginia Department of Fire Programs (VDFP) and most recently as the deputy chief for the Virginia Air Guard Fire Rescue.

His article, Hazmat Survival Tips: 10 Common Errors Committed During Incidents  addresses issues First Responders have dealing with a hazardous incident.  Today many companies have HazWoper trained personnel, many who might also find some interesting information within this article.  Hazardous incidents are becoming more common as more and more hazardous materials are being transported throughout the United States.  Companies need to make sure they are in compliance with both the US DOT (49 CFR parts 100-185) and OSHA (29CFR part 120).