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OSHA Hazard Communication Letters of Interpretation
Transportation of hazardous waste.
- Issued
- Record type
- Interpretation
- Historical HazCom standard
- HCS 1987 expanded rule (PDF)
- Current HazCom standard
- HCS 2024, as amended
- Other primary standard
- HAZWOPER: 1989 final rule; current 1910.120
ILPI assessment: Separate HazCom, HAZWOPER and transport duties still matter
Its central HazCom point remains useful: the hazardous-waste exclusion is conditional, and a workplace can have HCS duties alongside HAZWOPER. The old blanket shorthand that the HCS does not apply to hazardous waste should be read with the current RCRA/EPA conditions.
Actual emergency-response duties follow HAZWOPER scope and paragraph (q); transport-worker training has separate DOT hazardous-material training rules. Equivalent instruction avoids duplication only when it meets each applicable requirement, including relevant employer certification and recurrence. Historical addresses and hotlines are not current guidance; use the agencies' current directories.
OSHA source notice: [Corrected 12/6/2024]
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This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter.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.
January 14, 1993
The Honorable Robert C. Byrd
United States Senate
Washington, D.C. 20510
Dear Senator Byrd:
This is in response to your letter of November 23, 1992, concerning laws regulating the handling and transportation of hazardous waste. The Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response (HAZWOPER) regulation, 29 CFR 1910.120, covers workers exposed or potentially exposed to hazardous substances in three types of operations: (1) hazardous waste site or hazardous substance post-emergency release clean-up operations, (2) hazardous waste treatment, storage and disposal facilities (TSDFs), and (3) emergency responses to uncontrolled releases of hazardous material.
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Enclosed please find a booklet describing the requirements of HAZWOPER, OSHA 3114, "Hazardous Waste and Emergency Response." Also enclosed is OSHA 3084, titled "Chemical Hazard Communication," which describes OSHA's Hazard Communication Standard (HCS), 29 CFR 1910.1200 [ILPI: Original HCS 1987 context (PDF) · Current HCS]. Please note that while the HCS does not apply to hazardous waste, it is applicable in many workplaces where HAZWOPER applies (i.e., at facilities where the potential exists for an emergency release of hazardous substances).
[ILPI note: Original HCS 1987 context (PDF) · Current HCS. The present HCS exclusion is conditional on the RCRA definition and EPA regulation. Other hazardous chemicals at the operation may remain covered. HAZWOPER and DOT training have separate scopes and requirements.]
In your letter, you specifically inquired about regulations governing transportation of hazardous waste. OSHA has limited jurisdiction for over-the-road vehicle operation. 29 CFR 1910.120 does not cover vehicle operators per se, but it does cover any emergency responders. If the operator is expected to take a role in the event of a transportation emergency, then the operator must be trained as an emergency responder under 29 CFR 1910.120 paragraph(q).
The Department of Transportation (DOT) has issued regulations requiring training for all hazardous materials employees regarding the safe loading, unloading, handling, storing and transporting of hazardous materials as well as emergency preparedness for responding to accidents or incidents involving the transportation of hazardous materials including hazardous waste. These regulations, Training for Safe Transportation of Hazardous Materials, modify Parts 171-177 of Title 49 of the Code of Federal Regulations and were published in the Federal Register on May 15, 1992 at 57 FR 20944-20954. While OSHA's rule 29 CFR 1910.120 still applies to the transportation industry, it is not OSHA's intent that workers be given duplicative training under these regulations. It is OSHA's position, as well as that of DOT, that training under either regulation that meets the requirements of the other need not be repeated.
For further information on DOT requirements contact:
Ms. Jackie Smith
Office of Hazardous Materials Standards
RSPA, Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
Telephone: (202) 366-4475
Furthermore, as you may be aware, the U.S. Environmental Protection Agency (EPA) has promulgated extensive regulations addressing hazardous waste operations at both hazardous waste clean-up sites as well as TSDFs. For information on these regulations please contact the Superfund/Resource conservation and Recovery Act (RCRA) Hotline at 1-800-424-9346.
We hope this information is helpful. If you have any further questions please contact [the Office of Health Enforcement at (202) 693-2190].
Sincerely,
Roger Clark,
Director
Directorate of Compliance Programs
[Corrected 12/6/2024]
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1993-01-14.