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OSHA Hazard Communication Letters of Interpretation
Maintenance employees having regular duties in permitted areas are covered by 1910.120(p)
- Issued
- Record type
- Interpretation
- Historical standard
- 1910.1200, 1987 expanded rule (PDF)
- Current standard
- HCS 2024, as amended
ILPI assessment: Regular maintenance can require HAZWOPER training as well as HazCom
This letter compares HAZWOPER with the obsolete 1987 HCS. Its main HazCom distinction remains consistent: general chemical-hazard training does not replace applicable hazardous-waste-site training merely because workers are maintenance staff rather than operators.
Apply current TSD scope, scope exceptions, hazard communication and training to the actual tasks and exposures. For covered operations, (p)(7) includes 24 hours of initial training and eight hours of annual refresher training; adequate equivalent training may be recognized under its conditions. The attached employer's claim that existing training is sufficient is a request, not OSHA's conclusion.
Last reviewed: .
About this ILPI assessment
This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.
OSHA's notice about interpretation letters
The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
Source: OSHA's original letter page.
February 13, 1991
Jeffrey J. Williams,
Section Manager
McDonnell Douglas Occupational Safety and Health Services
Dept. 064, Bldg. 4,
Mail Code 0012491
Post Office Box 516
Saint Louis, Missouri 63166-0516
Dear Mr. Williams:
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This is in response to your inquiry to Mr. James F. Foster concerning the application of the Hazardous Waste Operations and Emergency Response standard (29 CFR 1910.120 [ILPI: Original 1989 HAZWOPER context (PDF) · Current HAZWOPER]). Please accept my apology for the delay in this reply.
Your specific question is the coverage of maintenance employees who "will enter the RCRA designated TSD facility to repair and perform periodic maintenance on mechanical or electrical equipment, conduct general housekeeping duties, and transfer materials between a storage tank on container and a licensed waste hauler." Maintenance employees who have regular (periodic) duties in the permitted areas would be covered by section (p) of the standard [ILPI: Original 1989 HAZWOPER context (PDF) · Current HAZWOPER].
[ILPI note: At issuance: 1910.1200, 1987 expanded rule (PDF). Current counterparts: TSD requirements and training/equivalent-training conditions. Job title or offsite assignment alone does not remove coverage.]
I hope this information is helpful.
Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs
November 1, 1990
Mr. James F. Foster
U.S. Department of Labor
Occupational Safety and Health
Division of Consumer Affairs
Room N-3647
200 Constitution Avenue NW
Washington, D.C. 20210
Dear Mr. Foster:
The Occupational Safety and Health Administration Regulation 29 CFR 1910.120 [ILPI: Original 1989 HAZWOPER context (PDF) · Current HAZWOPER], Hazardous Waste Operations and Emergency Response, was strongly supported by McDonnell Aircraft Company during the comment stage and we feel our company is in compliance with the standard. On several occasions questions have risen relating to extent of scope within our operation and to the specific worker population considered to be covered by this rulemaking.
I have previously contacted Mr. Mike Moore of your office to obtain verbal interpretations of several general requirements and am very appreciative of his assistance. At this time I would like to obtain a written interpretation of the rulemaking relating to a specific population of McDonnell Aircraft Company employees.
We have at McDonnell Aircraft Company, St. Louis Missouri, four operations considered to be "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" (29 CFR 1910.120 (a)(1)(iv) [ILPI: Original 1989 HAZWOPER context (PDF) · Current HAZWOPER]. The employees operating these facilities are considered to be encompassed by the rulemaking and receive 24 hours of initial training and 8 hours of annual refresher training as required by (29 CFR 1910.120(p)(7)(i) [ILPI: Original 1989 HAZWOPER context (PDF) · Current HAZWOPER].
On occasion, maintenance employees of McDonnell Aircraft Company will enter the RCRA designated TSD facility to repair and perform periodic maintenance on mechanical or electrical equipment, conduct general housekeeping duties, and transfer materials between a storage tank or container and a licensed waste hauler. These maintenance employees receive training as required by the Hazard Communication Program, 29 CFR 1910.1200 [ILPI: Original HCS 1987 context (PDF) · Current HCS], personnel training in Hazardous Waste Operations as required by 40 CFR 264.16, and training in the various personal protective equipment they may be required to wear.
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We consider this training to be more than adequate to provide for the safety and health of the maintenance employees. We have approximately 75 personnel falling under the category previously described and who currently receive extensive safety and health training. If these individuals are to be included under the scope of 29 CFR 1910.120 [ILPI: Original 1989 HAZWOPER context (PDF) · Current HAZWOPER], a major adverse impact on the ability of McDonnell Aircraft to perform facility repairs and periodic maintenance on equipment would be sustained.
We feel the Hazardous Waste Operations and Emergency Response standard was not promulgated to include offsite maintenance employees or non-operator personnel who may enter the site. We are requesting an interpretation of the standard regarding this employee group.
Your assistance in the interpretation of this rule is greatly appreciated. If I can be of any further assistance or if you need any additional information, please do not hesitate to contact my office.
Sincerely yours,
Jeffrey J. Williams,
Section Manager
Occupational Safety and Health Services
Dept 064, Bldg 4, Mail Code 0012491
Ph. (314) 232-9701
JJW:vlh
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1991-02-13.