1: What is a "brownfield site"?
The
Small Business Liability Relief and Brownfields
Revitalization Act, an amendment to the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), defines a brownfield site as "real property, the expansion, redevelopment
or reuse of which may be complicated by the presence of a hazardous substance, pollutant, or contaminant." The
definition further identifies the types of sites included and excluded from coverage. For example, brownfield sites
can be sites that are contaminated with a controlled substance or petroleum, mine-scarred, or
"relatively low-risk." A brownfield site cannot be the subject of planned or on-going
removal actions, listed or proposed for listing on the National Priority List (NPL), the subject of an administrative or court
order under solid and hazardous waste laws, the subject of corrective actions or closure requirements, or a
Federal facility.
A key characteristic of a brownfield site is that it is targeted for redevelopment. The site is not necessarily contaminated, but
it is not assumed to be "clean" because of its prior commercial or industrial use. In recent years, some federal
agencies and most States have initiated brownfields programs, often to foster economic revitalization. One example at the
Federal level is the EPA's brownfields program. At the state level, brownfields programs often provide the site owner relief
from some environmental liability when the site is determined to be clean. This incentive was strengthened by the Brownfields
Revitalization and Economic Restoration Act mentioned above, which provides federal liability relief for sites addressed under
a State response program that meets the criteria in the Act. This incentive can aid in the sale and/or redevelopment of the
property.
For more information about Federal and State brownfields programs and site criteria, see the Brownfields Safety and Health Topics
webpage under Additional Information.
See Question 4 below for a
discussion of brownfield site hazards.
2: Who determines that a brownfield
site needs to be cleaned up?
In most cases, this determination is made by either the Federal Environmental Protection Agency (EPA), the State environmental
agency, or both, based on which environmental agency the property owner is working with and the required site assessment. In some
States, a "qualified individual," using criteria published by the State, can also make the determination.
For information about EPA’s Brownfields Program, please check the
EPA website.
For information about State Brownfield/Voluntary Clean-up Programs (VCP) and clean-up criteria, you can access your
State's VCP information from the
Federal EPA website.
3: Who pays for assessment and clean-up of a
brownfields site? Is there a potentially responsible party?
In some cases, the current owner pays for the brownfield site assessment and clean-up. In other cases, the purchaser may pay
clean-up costs. Funding for assessment and clean-up is also available through Federal programs such as the Federal
Environmental Protection Agency's (EPA's) Brownfields Initiative or the Department of Housing and Urban
Development's (HUD's) Brownfields Urban Development Initiative, and through State and municipal government
programs.
None of the Federal government brownfield site redevelopment programs are designed to undermine the goal of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), which is to ensure that the party who created the environmental
contamination pays for the clean-up.
4: What are the hazards at brownfield sites?
Generally, brownfield sites cannot have a level of contamination that would place them on either the National Priority List (NPL)
or a State priority list. Sites where levels of contamination do not warrant inclusion on either type of priority list are not
likely to cause immediate or serious health effects to individuals living or working around them, although they may pose
hazards for employees conducting work on the site. As a result, brownfield sites are generally not
highly contaminated, however the types and levels of contaminants present can vary considerably among
them. When contaminants are present, they may be located in surface soil, buildings or containers (drums, underground tanks),
subsurface soil, and groundwater aquifers. The types of contaminants present will depend on the industry or commercial
facility that previously operated on the site. According to the 1999 Environmental Protection Agency (EPA) Brownfields Case Studies
Summary Report, environmental contaminants found at studied sites included petroleum hydrocarbons, lead,
construction debris (lead paint or asbestos containing materials), polychlorinated biphenyls (PCBs), treated wood
(creosote, cadmium/chromium/arsenic), industrial chemicals, and diesel fuel (Brownfields Title VI Case Studies Summary
Report, June 1999, EPA Document Number: EPA 500-R-99-003, 126 KB
PDF, 30 pages).
In addition to chemical exposure, the potential hazards may resemble those found on a construction site and could include
heat stress; falls from elevated work surfaces; slips, falls, or cave-ins in excavations or trenches; mechanical and impact
hazards associated with heavy equipment and hand-held tools; electrical hazards; and noise exposure.
Employee risk is caused by exposure to site hazards and depends on the concentration, frequency, and duration of exposure.
Hazards associated with brownfield site assessment are summarized in Question 6.
Hazards associated with brownfield site remediation are summarized in Question 7.
5: What clean-up methods are used on brownfield sites?
The choice of methods and technologies for a brownfield site clean-up will be influenced by several factors, such as site
conditions, local permit restrictions, community concerns, clean-up endpoints, and time and budget constraints. If site soil
or groundwater is contaminated, the methods and technologies may resemble those used on Superfund sites. If site contamination is
contained within structures or containers, clean-up might involve removal of asbestos or lead-based paint, or retrieval and offsite
disposal of drums and containers.
Federal and State brownfield site programs offer substantial assistance in the selection of an appropriate clean-up method and
publish "success stories" about sites that have been remediated. For more information about the clean-up choices
available, you may want to review two Environmental Protection Agency publications that address this topic:
The
Road Map to Understanding Innovative Technology Options for Brownfields Investigation and
Cleanup and
Tool Kit of Information Resources for Brownfields Investigation and Cleanup.
6: What safety and health hazards are associated with
brownfield site assessment activities and what OSHA standards apply?
The answer to this question depends on the hazards your
employees may encounter, and whether the site meets the
Occupational Safety and Health Administration's (OSHA's)
definition of an uncontrolled hazardous waste site. See Question
8 to determine if your site is an uncontrolled hazardous waste site.
Brownfield site assessment tasks are performed on- and off-site.
They can range from reviewing historical information (e.g.,
aerial photographs) to collecting subsurface soil samples and
evaluating environmental contamination within site structures.
Historic site records will often allow you to identify specific
site contaminants, their likely concentrations and locations.
The best way to determine which occupational hazards exist is to
conduct a job hazard analysis for each assessment task. A job
hazard analysis combines employee exposure information with
equipment and procedural information and results in a list of
chemical and physical hazards associated with each task.
Sample collection is likely to be the most intrusive activity
conducted during the site assessment phase. Familiarity with environmental
sampling equipment (e.g., hand augers, mechanical soil drills,
drill rigs) and procedures will allow you to determine the
physical hazards associated with collecting samples. When you
have determined the hazards that may be present and tasks that
could result in employee exposure, you can identify the
applicable OSHA standard(s) to protect your employees.
See Table 1 below for a list of hazards that might be associated
with your site assessment activities and the Federal OSHA
standards that address those hazards. This list is not intended
to be comprehensive. Rather, it suggests hazards that you should
consider.
Table 1: Potential Hazards and OSHA Standards for
Consideration during Site Assessment Activities
(Not Comprehensive)
| Site Exposure/Control |
Potentially Applicable OSHA Standard* |
| 1910 General Industry |
1926 Construction |
Hazard Assessment
& Employee Training |
29 CFR 1910.132(d) |
29 CFR 1926.21(b) |
| Chemical Exposure |
29 CFR 1910.1000 |
29 CFR 1926.55 |
| Confined Spaces |
29 CFR 1910.146 |
29 CFR 1926.21(b)(6)
29 CFR 1926.353(b) |
| Wiring Methods (temporary wiring) |
29 CFR 1910.305(a)(2) |
29 CFR 1926.405(a)(2) |
| Electrical Hazards |
29 CFR 1910.333 |
29 CFR 1926.416 |
Emergency Action
Planning |
29 CFR 1910.38 |
29 CFR 1926.35 |
Hand and Portable
Powered Tools |
29 CFR 1910 Subpart P |
29 CFR 1926 Subpart I |
| Heavy Equipment Operation |
29 CFR 1910.95
29 CFR 1910 Subpart N |
29 CFR 1926.52
29 CFR 1926 Subpart O |
Personal Protective
Equipment |
29 CFR 1910 Subpart I |
29 CFR 1926 Subpart E |
| Portable Fire Protection |
29 CFR 1910.157 |
29 CFR 1926.150(c) |
Walking and Working
Surfaces |
29 CFR 1910 Subpart D |
29 CFR 1926 Subpart X |
* This table does not include all of the
applicable OSHA standards since each situation is unique.
Standards enforced in States with OSHA-approved State Plans may
be different. See Question 18.
The Federal General Industry and Construction citations are provided above.
If you are under State OSHA jurisdiction, some of the standards
may be different. The tasks that employees conduct determine
which standards will apply. The Occupational Safety and Health
Administration (OSHA) defines "construction work" in 29
CFR 1926.32 (g) and 1910.12 as "construction, alteration,
and/or repair, including painting and decorating." Employers
engaged in these activities are considered to be doing
construction work and must comply with the Construction Safety
and Health standards in 29 CFR 1926.
7: What safety and health hazards are associated
with brownfield clean-up activities and what OSHA standards apply?
Site clean-up activities involve a greater variety of hazards
and higher levels of exposure than site assessment activities.
Depending on how and where hazardous substances are dispersed,
you may need to use an intrusive collection method (pumping,
stripping, removing, or excavating) to consolidate
environmentally contaminated material for treatment or disposal.
These types of operations will usually result in the highest
chemical exposure to employees, and require the most physical
activity, equipment, and planning.
The time and equipment required to do a task may add to its
hazards. For example, the use of heavy equipment and on-site
treatment technologies may require hearing protection, adequate
and appropriate storage of flammable and corrosive materials,
other personal protective equipment (PPE), and emergency response
resources. Since clean-up activities usually occur over a longer
duration than site assessment activities, employers may need to
provide more on-site facilities for personal hygiene needs.
See Table 2 below for a list of hazards that might be associated
with your clean-up operations and the Occupational Safety and
Health Administration (OSHA) standards that address those
hazards. This list is not intended to be comprehensive. Rather,
it suggests hazards that you should consider.
Table 2: Potential Hazards and OSHA Standards for
Consideration during Clean-up Activities
(Not Comprehensive)
| Site Exposure/Control |
Potentially Applicable OSHA Standard* |
| 1910 General Industry |
1926 Construction |
Hazard Assessment
& Employee Training |
29 CFR 1910.132(d) |
29 CFR 1926.21(b) |
| Chemical Exposure |
29 CFR 1910.1000 |
29 CFR 1926.55 |
| Noise Exposure |
29 CFR 1910.95 |
29 CFR 1926.52 |
| Sanitation |
29 CFR 1910.141 |
29 CFR 1926.51 |
| Wiring Methods (temporary wiring) |
29 CFR 1910.305(a)(2) |
29 CFR 1926.405(a)(2) |
| Electrical Hazards |
29 CFR 1910.333 |
29 CFR 1926.416 |
Emergency Action
Planning |
29 CFR 1910.38 |
29 CFR 1926.35 |
| Excavation |
covered by 1926 |
29 CFR 1926 Subpart P |
| Confined Space Entry |
29 CFR 1910.146 |
29 CFR 1926.21(b)(6)
29 CFR 1926.353(b) |
| Material Handling |
29 CFR 1910 Subpart N |
29 CFR 1926 Subpart H
29 CFR 1926.600-602
29 CFR 1926.604 |
| Building Demolition |
covered by 1926 |
29 CFR 1926 Subpart T |
Site Contaminant
Abatement |
29 CFR 1910.1000-1029
29 CFR 1910.1043-1052 |
29 CFR 1926.55
29 CFR 1926.62
29 CFR 1926.1101-1152 |
| Elevated Work Surfaces |
29 CFR 1910 Subpart D
29 CFR 1910 Subpart F |
29 CFR 1926 Subpart L
29 CFR 1926 Subpart M
29 CFR 1926.552 |
| Chemical Storage |
29 CFR 1910 Subpart H
29 CFR 1910.1200 |
29 CFR 1926.59
29 CFR 1926 Subpart F |
| Personal Protective Equipment |
29 CFR 1910 Subpart I |
29 CFR 1926 Subpart E |
Heavy Equipment
Operation |
29 CFR 1910.95
29 CFR 1910 Subpart N |
29 CFR 1926.52
29 CFR 1926 Subpart O |
| Tasks-Long Duration |
29 CFR 1910.141-142 |
29 CFR 1926.51 |
* This table does not include all of the
applicable OSHA Standards since each situation is unique. Standards enforced in States with OSHA-approved State
Plans may be different. See Question 18.
The Federal General Industry and Construction citations are
provided above. If you are under State OSHA jurisdiction, some of
the standards may be different. The tasks that employees conduct
determine which standards will apply. The Occupational Safety and
Health Administration (OSHA) defines "construction
work" in 29 CFR 1926.32 (g) and 1910.12 as
"construction, alteration, and/or repair, including painting
and decorating." Employers engaged in these activities are
considered to be doing construction work and must comply with the
Construction Safety and Health Regulations in 29 CFR 1926.
8: Is a brownfield site a hazardous waste site?
Does OSHA's HAZWOPER standard (29 CFR 1910.120 or 1926.65)
apply to work done at brownfield sites?
From the Occupational Safety and Health Administration’s
(OSHA’s) perspective, a brownfield site is a hazardous waste
site if the site meets OSHA's definition of an uncontrolled
hazardous waste site. This definition is found in paragraph (a)
of the 29 CFR 1910.120 and 1926.65 Hazardous Waste Operations and
Emergency Response (HAZWOPER) standard. In State Plan States
where the State HAZWOPER standard is different from the Federal
standard (currently Michigan, California, and Washington), the
definition may be different. Please see the text of the State
standard and Question 18 for more
information on State Plans.
OSHA’s HAZWOPER standard applies to work done at your
brownfields site if you're conducting clean-up operations on
a site that falls within the scope of the standard. Clean-up
operations are defined in paragraph (a)(3) and include operations
where hazardous substances are removed, contained, stabilized, or
processed in order to make the site safer for people or the
environment (see formal definition). Such operations might
involve excavating and removing contaminated soil or constructing
engineering controls to contain site contaminants. These clean-up
operations fall within the scope of HAZWOPER if they are
conducted on a government-identified uncontrolled hazardous waste
site or a RCRA corrective action site, as described in paragraph
(a)(1)(i)-(iii) of the standard. Sites listed on the National
Priority List (NPL), in the Federal Environmental Protection
Agency (EPA) CERCLIS (CERCLA Information System) database or in
an analogous State database are generally considered
government-identified uncontrolled hazardous waste sites.
However, these databases sometimes exclude RCRA corrective action
sites. Databases such as RCRIS (RCRA Information System) and ERNS
(Emergency Response Notification System) may help you identify
RCRA-related sites. You should contact the appropriate Federal or
State environmental agency to verify information from any of
these databases and the classification of your site.
HAZWOPER may also apply if the government Brownfields or
Voluntary Clean-up Program (VCP) in which you participate
requires compliance with the standard. Federal Brownfields and
State Voluntary Clean-up Programs may require HAZWOPER compliance
even if they exclude government-identified hazardous
waste sites from program participation. If your site participates
in one of these programs, then you may be required to comply with
some or all of HAZWOPER’s clean-up requirements in paragraphs
(b)-(o). For example, EPA Brownfields initiatives are generally
financed by a Superfund Cooperative Agreement (CA) and these CAs
require compliance with HAZWOPER (see Question 20). If your
project is an EPA Brownfields Pilot (Demonstration Assessment or
Brownfields Cleanup Revolving Loan), you should review the
funding CA and the resources listed in Question 22
to determine if HAZWOPER compliance is required.
State agencies may also require compliance with HAZWOPER or
other OSHA standards as a condition of VCP participation (as an
example, see Question 12).
Some of these programs also have agreements with Federal EPA, which may
include provisions for HAZWOPER compliance. If your brownfield
site participates in a VCP, review the participant
rules/guidelines and resources in Question 22
to determine if your State’s VCP requires HAZWOPER compliance.
Even if your site is not covered by the Hazardous Waste
Operations and Emergency Response (HAZWOPER) standard, you may
want to plan your approach to site safety and health with a
written plan that records hazards, identifies the applicable OSHA
standards, and identifies appropriate exposure controls. Such a
plan is required for sites that must comply with HAZWOPER and is
described in paragraph (b)(4) of that standard. For more
information about preparing such a plan, see Questions 10 and 11.
9: How does HAZWOPER compliance at a brownfield
site differ from compliance at a Superfund site?
The Hazardous Waste Operations and Emergency Response (HAZWOPER)
standard is a performance-oriented standard. Although the same
HAZWOPER requirements must be addressed at each type of site, the
plans and procedures you need to comply with
on a brownfield site are not likely to be as complex as those
required on Superfund sites.
Brownfield sites generally have lower environmental contaminant
concentrations, lower related occupational exposures, and fewer
on-site chemical drums and containers. Although heavy equipment
is likely to be present, brownfield sites frequently use smaller
or off-site treatment technologies. As a result, they will
generally have fewer hazards than Superfund sites and providing
adequate protection will require fewer hazard controls. Written
health and safety plans and procedures are likely to address
fewer or less complex job hazards at brownfield sites, resulting
in shorter documents. In some cases, the number of contractors
and employees will be smaller on brownfield sites. This can ease
coordination of site activities and make it easier to prepare a
single comprehensive site-specific Health and Safety Plan
(HASP).
Reduced employee exposure to hazardous substances can reduce
site-specific training; fewer hours of HAZWOPER training are
required if employees work in areas that do not have the
potential for exposure above the Occupational Safety and Health
Administration (OSHA) Permissible Exposure Limits (PELs) or other
established limits. Where employee exposure levels are low, the
procedures for site control, air monitoring, and decontamination
will be simpler. In addition, medical surveillance programs may
not be required. Overall, since your controls are in proportion
to the level of hazards, where hazard levels are reduced, the
controls you must implement are proportionally reduced.
10: Our loan/contract/Cooperative Agreement
requires a site-specific health and safety plan (HASP) consistent
with 1910.120 prior to starting field work. What is this plan and
what must it contain?
The site-specific health and safety plan (HASP) is a document
required by the Hazardous Waste Operations and Emergency Response
(HAZWOPER) standard that identifies site hazards and the controls
you've implemented to protect your employees. Minimally, the
HASP must be prepared according to
1910.120(b)(4).
If your brownfield site is in a State Plan State where the State
HAZWOPER standard is different from the Federal standard
(currently Michigan, California, and Washington), HASP
requirements may be slightly different. See Question 18.
11: Who prepares a site HASP and who is covered by
it? Can a HASP prepared by site contractors cover oversight
personnel or other workers on site only occasionally?
From the Occupational Safety and Health Administration’s
(OSHA’s) perspective, employers who have employees on a site
that falls within the scope of the Hazardous Waste Operations and
Emergency Response (HAZWOPER) standard, paragraphs (b)-(o), are
responsible for ensuring that their employees are protected by
the provisions of an effective site-specific Health and Safety
Plan (HASP). One way to accomplish this is for each employer to
prepare its own HASP to address employee work activities, the
associated hazards, and implemented controls. This plan must be
coordinated with other contractors on the site and with the
emergency response organization(s) and the medical care
facilities you’ll rely on for emergency services.
Alternatively, a single site HASP may be prepared to cover
multiple contractors. Preparation of a comprehensive site HASP
may promote efficiency, completeness, clarity and coordination
among all parties. A company can use the site-wide or prime
contractor’s HASP to protect its employees if the HASP
appropriately addresses all activities and potential safety and
health hazards to which its employees may be exposed. Each
contractor and subcontractor, however, is ultimately responsible
for complying with OSHA safety and health requirements that apply
to its employees. If the site-wide or prime contractor’s
HASP does not address the hazards or controls associated with
your employees' activities on the brownfield site, you are
responsible for working with the contractor to modify the HASP,
or for developing a supplemental plan to cover the additional
provisions that apply to your work operations, or developing a
complete HASP if necessary.
Employers whose employees oversee site operations have the same
obligation to protect their employees. These employers can choose
to adopt and adhere to the provisions within an existing site
HASP, provided that the HASP adequately addresses the tasks of
oversight employees and provides effective hazard controls.
OSHA’s response would be the same for workers on site only
occasionally.
12: The State requires a site-specific HASP and
"compliance with 1910" to participate in the Voluntary
Clean-up Program (VCP). What does this mean?
A site-specific health and safety plan (HASP), as discussed in
the reply to Question 10, is a written
document that addresses the site's conditions and hazards,
the hazard controls, and procedures implemented to protect employees.
The Hazardous Waste and Emergency Response Standard (HAZWOPER)
and other Occupational Safety and Health Administration (OSHA)
General Industry standards, are contained in Volume 29, Part 1910
of the Code of Federal Regulations (CFR). By requiring
"compliance with 1910," your State Voluntary Clean-up
Program (VCP) requires that you comply with all the additional
Occupational Safety and Health Administration (OSHA) General
Industry requirements that apply to you. These might include,
among others, requirements relating to personal protective
equipment and employee training, chemical exposure, walking and
working surfaces, electrical hazards, noise, hand and portable
power tools, and heavy equipment operation.
Please be aware that the Federal HAZWOPER standard states that
when an operation is within the scope of HAZWOPER, and another
OSHA standard contains a requirement that overlaps or conflicts
with HAZWOPER, the provision that is most protective of worker safety and
health applies (29 CFR
1910.120(a)(2)(i) and
1926.65(a)(2)(i)). For example, if HAZWOPER and the respiratory
protection standard both apply to a clean-up operation, the
employer must prepare the written PPE program described in
HAZWOPER paragraph (g), but must include and comply with the more
protective written program provisions for respiratory protection
in 1910.134(c).
13: What is the difference between the
site-specific HASP and the Health and Safety Program required by
HAZWOPER?
Paragraph (b)(1) of the Hazardous Waste Operations and Emergency
Response (HAZWOPER) describes the elements of a
health and safety program. At a minimum, a
program contains an organizational
structure, a comprehensive work plan, and a site-specific health
and safety plan that includes the employer's standard
operating procedures for safety and health. Paragraph (b)(4)
describes the site-specific health and safety plan,
often referred to as the site-specific HASP. The HASP addresses the hazards, control
provisions, and work tasks that apply to a particular site. It
must be kept on site while work is being conducted. A HASP is also dynamic; it is revised as the
personnel, site conditions, and site tasks change. The HASP does not need to repeat information
contained in other employer documents. For example:
- If you have a Standard Operating Procedure (SOP) that
describes corporate medical surveillance procedures for hazardous
waste site operations, your site-specific HASP can reference this
SOP and indicate how its application may vary (e.g., in the
content or frequency of exams) at your specific site.
- If your company's written respiratory protection program
describes how to select respiratory protection or determine a
cartridge change schedule, the site-specific HASP could reference
the respiratory protection program and further identify
site-specific information such as which respirator is required
for each task, what air monitoring limits are appropriate for
using the respirator during the task, and how often the
cartridges are changed.
See
Questions 10 and 11 for additional information about HASP preparation.
14: Are resources available to assist me in
developing a HASP and a Health and Safety Program?
The Occupational Safety and Health Administration (OSHA) and the
Environmental Protection Agency (EPA) provide a number of on-line
and written resources for developing both a site-specific HASP
and a comprehensive Health and Safety Program. The resources and
links are identified on the Brownfields Safety and Health Topics webpage under
Possible
Solutions.
15: Who is responsible for safety and health
oversight at a brownfield site?
Brownfield sites that must comply with the Hazardous Waste
Operations and Emergency Response (HAZWOPER) standard (see Question 8) must have a site-specific Health and Safety Plan (HASP) on
site (see Questions 10
and 11) that defines personnel roles and responsibilities,
including health and safety oversight. Sites for which a single
HASP has been developed will generally assign safety and health
oversight to one individual, the Health and Safety Coordinator.
This individual is usually an employee of the primary contractor
(or Construction Manager) and is responsible for sitewide
compliance with the HASP. Individual contractors and
subcontractors, however, still must ensure the safety and health
of their own employees. Sites may also have multiple HASPs (a
HASP for each contractor), with each HASP identifying an
individual Health and Safety Coordinator.
The contract relationships and safety and health
responsibilities on brownfield sites are similar to those on
multi-employer construction sites. Generally, both the primary
contractor and individual subcontractors are responsible for
safety and health oversight and for complying with applicable
heath and safety requirements at a brownfield site. The primary
contractor is responsible for the oversight and compliance of its
employees and has supervisory authority over the site, including
the power to correct safety and health hazards or to have them
corrected. Each subcontractor is responsible for the oversight
and compliance of its individual employees. Each employer is also
responsible for communicating the hazards and exposure controls
associated with its particular site tasks to its employees and
other site contractors and subcontractors.
Often, the primary contractor will be considered the site's
controlling employer, having the authority to implement
appropriate exposure controls site-wide for the hazards created
during a brownfield site project. A subcontractor may also be
held responsible for the health and safety of other site
personnel, if that subcontractor creates site hazards (a creating
employer). Project managers and site supervisors enforce the
applicable health and safety requirements for the employees they
supervise. For more information concerning safety and health
responsibilities on multi-employer work sites, see Occupational
Safety and Health Administration (OSHA) Instruction
CPL 02-00-124 [CPL 2-0.124], Multi-Employer Citation Policy.
In many cases, the primary contractor may be a public entity,
like a municipality, inexperienced in HAZWOPER compliance. The
municipality may rely on a contractor (or Construction Manager)
to develop and implement the site-specific HASP. Consequently,
this contractor would coordinate the daily site activities and
may also be responsible for the daily safety and health
oversight.
Federal, State and local environmental agencies also may provide
oversight during brownfield site projects. These agencies focus
on the assessment and clean-up methods employed at the site and
would generally not assume direct responsibility for
health and safety oversight. They may provide some level of
sitewide health and safety oversight to ensure that a brownfield
site program participant complies with the program requirements.
Specific agency roles are discussed in
Questions 19 through 21.
16: What HAZWOPER training or other safety and
health training do brownfield site workers and supervisors need?
The safety and health training brownfield site workers and
supervisors need depends on the activities these employees will
perform and whether or not the site is covered by the Hazardous
Waste Operations and Emergency Response (HAZWOPER) standard (Question
8). In addition, if your site is in a State Plan State where
the state HAZWOPER standard is different from the Federal
standard (currently Michigan, California, and Washington),
training requirements may be slightly different. See Question 18.
If you have determined that your site is covered by HAZWOPER,
then you'll find the applicable training requirements in
paragraph (e). Generally, HAZWOPER requires that site workers and
supervisors attend a minimum number of hours of initial training
and annual refresher training. HAZWOPER provides a recommended
outline for these classes in a non-mandatory appendix (Appendix E).
Initial HAZWOPER training requirements are based on the
frequency and level of exposure you anticipate your site
employees could encounter. Although most Superfund site employees
require the 40-hour initial training course, you may find that
the 24-hour initial training is sufficient based on site
conditions (see Question 9).
Employees who need initial training must also receive
eight hours of on-site field experience under the direct
supervision of a trained, experienced supervisor. HAZWOPER
contains an equivalent training provision (paragraph (e)(9)) that
allows employers to certify that an employee's prior training
and work experience are equivalent to the initial training
requirements.
Site supervisors need the appropriate hours of initial training
based on anticipated exposure levels and eight additional hours
of supervisor training. Generally, site supervisors will need the
same level of initial training as the employees they supervise.
The additional eight hours of training should familiarize
supervisors with your comprehensive health and safety program and
its application to brownfield site activities.
Each site worker and supervisor must receive eight hours of
refresher training each year to review critical health and safety
requirements and procedures, and introduce new or revised
requirements and procedures. The refresher training, discussed in
HAZWOPER paragraph (e)(8), must be geared toward a worker's
or supervisor's site responsibilities.
Once on site, employees on brownfield sites covered by HAZWOPER
also need site-specific training. Training should familiarize
employees with the site-specific Health and Safety Plan (HASP)
and the exposure controls appropriate for each site task.
Training should include, as applicable, site-specific emergency
response procedures, site control procedures, levels and types of
personal protective equipment, respiratory protection change
schedules (i.e., for canisters and cartridges), confined space
entry procedures, heat and cold stress awareness, air monitoring
requirements, decontamination procedures, and any other
applicable site requirements. Site-specific training may be
conducted throughout the project as site tasks and conditions
change.
Employees who are not covered by HAZWOPER will need to receive
training consistent with the hazards and the Occupational Safety
and Health Administration (OSHA) requirements associated with
their job tasks. Training provisions that may apply include
personal protective equipment use and selection, hazard
communications, hearing conservation, confined space entry, and
other topics. In many cases, employees will have received this
type of training to conduct their routine tasks at other work
locations. They will need site-specific information, however,
that describes how these topics apply to the conditions on
site.
For a specific discussion of emergency response training
requirements, see Question 24.
17: Where can this training be obtained?
You may want to check with the Brownfields or Voluntary Clean-up
Program (VCP) coordinator in your State or local area to find
Hazardous Waste Operations and Emergency Response (HAZWOPER)
training providers that may tailor their courses to brownfield
site employers. Additional resources and links are identified on
the Brownfields Safety and Health Topics webpage, see Training.
Often, employers provide in-house training to comply with the
requirements of other Occupational Safety and Health
Administration (OSHA) standards, such as hazard communication (29
CFR 1910.1200) training. If you want more information about the
employee training OSHA requires, the publication Training Requirements in OSHA Standards and
Training Guidelines, OSHA
2254, is available for download
here. Additional
resources and links are also identified on the Brownfields Safety and Health Topics webpage (Training). If your site is located in
one of the States where the State HAZWOPER standard differs from
the Federal standard (currently Michigan, California, or
Washington), check your State Plan website for available
training. Some States have on-line refresher training courses.
18: Who enforces safety and health requirements at
a brownfield site?
The Federal Occupational Safety and Health Administration (OSHA)
or State occupational safety and health agency regulates and
enforces health and safety standards in the workplace, including
brownfield sites. Twenty-three States and territories have OSHA-approved State occupational safety
and health programs or "State Plans" that cover public and private employees and enforce State
standards that are at least as effective as Federal OSHA's. Three additional States have State Plans
that cover public employees only, while Federal OSHA standards cover private employees. In the
remaining States, Federal OSHA standards apply, but only to private employees. For more information
about State Plans, check the directory of State Plans and links to State Plan websites from
Federal OSHA's
website.
A variety of OSHA standards may apply during brownfield
assessment and clean-up (see Questions
6-8). Federal or State OSHA will enforce its standards within
their OSHA-defined scope and application. On brownfields sites
where the Federal or State HAZWOPER standard does not apply, OSHA
will evaluate site health and safety under other applicable OSHA standards.
As discussed in Question 8,
the Federal Environmental Protection Agency (EPA) or the
State environmental agency may require compliance with specific
OSHA standards for brownfield site clean-ups. Generally, these
requirements are associated with program participation and/or
project funding. Where such requirements exist, the EPA or State
environmental agency may require documentation that your site is
complying with those requirements. However, EPA and State
environmental agencies generally do not assume a health and
safety enforcement role. Information about EPA's role in
health and safety is discussed in Question 20.
For information about the role of a State environmental
agency, see Question 21.
19: What is OSHA's role at a brownfield site?
The Occupational Safety and Health Administration (OSHA) may
provide consultation assistance or enforcement authority at a
brownfield site. OSHA provides free consultation services for
small employers. These services are designed to help small
employers identify workplace hazards and cost-effective
corrective actions. You can get more information about the OSHA
21 (d) Consultation Program, and find the consultation office in
your area, by checking the
Consultation Program website. Consultation
services are completely separate from the OSHA inspection effort,
and are delivered by State government agencies using well-trained
professional staff.
To ensure workers are adequately protected, OSHA may visit a
brownfield site and conduct a comprehensive inspection, or focus
on a specific area related to an employee complaint. Depending on
the type of inspection, compliance officers may review required
documentation, including Material Safety Data Sheets (MSDSs),
employee training certifications, and
injury
and illnesses records.
If your site falls within the scope of 29 CFR
1910.120, the
compliance officer may also review your site-specific Health and
Safety Plan (HASP).
During an inspection, OSHA may physically inspect your site and
may monitor employee exposures by using direct reading
instruments or taking wipe samples or air samples. To evaluate
employee exposures, OSHA more often checks the employer's
sampling data to ensure that implemented engineering controls,
administrative controls, or personal protective equipment (PPE)
sufficiently protect employees.
At the end of an inspection, OSHA holds a closing conference and
describes the apparent violations of OSHA standards. OSHA may
issue citations for violations, requiring the employer to correct
them. For more information about OSHA's inspection
procedures, see Section 6, Chapter II of OSHA's
Field Inspection Reference Manual (FIRM), CPL
02-00-103 [CPL 2.103]. This document is available online
here.
OSHA offers technical resources to help you control or abate
site hazards. Since brownfield sites are similar to construction
sites and hazardous waste sites, many of the on-line resources
for both of these types of sites should be useful to you. OSHA
has compliance resources and links about these types of sites on
the Brownfields
Safety and Health Topics webpage. Employers can also telephone or write OSHA to
resolve compliance questions. See the list of
Federal and State
offices.
20: What is the EPA's role in safety and health at a brownfield site?
The Environmental Protection Agency's (EPA) role on a
brownfield site is largely determined by the site's
participation in an EPA-funded brownfield initiative and is
generally limited to the environmental aspects of the site
assessment and clean-up.
EPA usually does not coordinate daily on-site activities.
Nevertheless, EPA requires that Brownfield projects funded by
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) funds (Superfund) comply with the Hazardous Waste
Operations and Emergency Response (HAZWOPER) standard. When EPA
releases Brownfield initiative funding through a Cooperative
Agreement (CA), these agreements mandate HAZWOPER compliance (40
CFR 35.6055 and 35.6105). As a result, if your site assessment or
clean-up is funded by a CA, you may be required to demonstrate to
EPA as a condition of your contract, that the brownfield site
activities covered by the contract are being conducted in
accordance with HAZWOPER. In cases where you cannot demonstrate
this, EPA may require corrective actions be taken. EPA may also
request assistance from the Occupational Safety and Health
Administration (OSHA) on matters of health and safety.
21: What is the State's role in S&H at a
brownfield site?
If a State has a State Plan approved by the Federal Occupational
Safety and Health Administration (OSHA), the State OSH agency
will play the same site role as Federal OSHA (see
Questions 18 and 19).
The State environmental agency's role on a brownfield site
is similar to the Environmental Protection Agency's (EPA). A
State environmental agency usually does not coordinate or oversee
daily activities. State agencies are more likely to visit
Voluntary Clean-up Program (VCP) participants, and observe both
environmental and health and safety compliance. State VCP
programs mandating compliance with the Hazardous Waste Site and
Emergency Response standard (HAZWOPER) generally require
participants to submit the workplan and site-specific Health and
Safety Plan (HASP) for evaluation and approval prior to
commencing site activities. A State agency would probably check
these documents during site visits and use the information for
adequately protecting its own employees. As mentioned in
Question
20, in cases where you do not have these documents or are not
complying with them, the State may require corrective actions,
and may request assistance from OSHA.
22: Do these agencies have compliance assistance resources?
The Occupational Safety and Health Administration (OSHA) has
compliance resources and links on its
Brownfields,
Hazardous Waste, and
Emergency Preparedness and Response Safety and Health Topics Pages. Regulatory text and letters
of interpretation are located here.
The Federal Environmental Protection Agency (EPA) resources and
links about assessment and remediation activities on brownfield
sites are identified on the Brownfields
Safety and Health Topics webpage. The
EPA also sponsors a Brownfield Technology Support Center.
Information about its function and services is
on-line.
EPA contacts and links for State Voluntary Clean-up Programs
(VCP) are identified on the Brownfields
Safety and Health Topics Page. The Northeast Midwest Institute provides a summary document
identifying the characteristics of individual State brownfield site initiatives.
23: Do all responses to hazardous substance releases on a brownfield site require emergency responses?
No, a hazardous substance release at a brownfield site or
elsewhere does not always require an emergency response. If a
release of a hazardous substance does not pose a significant
safety or health hazard to any employees in the area or employees involved
in cleaning up the release, and doesn't have the potential to
become an emergency within a short amount of time, the
Occupational Safety and Health Administration (OSHA) considers it
an "incidental spill." Incidental spills are limited in
quantity, exposure potential, and/or toxicity and do not require
an emergency response. In contrast, there are releases of
hazardous substances that pose a sufficient threat to health and
safety and require an emergency response regardless of the
circumstances or the mitigating factors surrounding the release.
A hazardous substance emergency response includes, but is not
limited to, the following situations:
- the release requires evacuation of employees in the area;
- the release poses, or has the potential to pose, conditions that are immediately dangerous to life or health (IDLH);
- the release poses a serious threat of fire or explosion;
- the release requires immediate attention because of imminent danger;
- the release may cause high levels of exposure to toxic substances;
- there is uncertainty that the employee in the work area can
handle the severity of the hazard with the PPE and equipment that
have been provided and the exposure limit could easily be
exceeded;
- the situation is unclear, or data are lacking on important factors.
Employees must be trained to distinguish between
incidental spills and emergency releases of hazardous substances.
For more information on making this distinction, see Appendix E
of the OSHA Directive
CPL 02-02-059 [CPL 2-2.59A], Inspection Procedures for the Hazardous Waste
Operations and Emergency Response Standard, 29 CFR
1910.120 and 29 CFR 1926.65, Paragraph (q): Emergency Response to Hazardous Substance
Releases. For more information about the training
employees might need to be able to make this distinction, see
paragraph (III)(B) in Appendix A of the same directive. See also
Question 24.
If there is the potential for a hazardous substance emergency to
occur at your site, you must coordinate your emergency response
plan with local emergency responders. OSHA also recommends that
the site employer(s) contact local emergency responders to
resolve any concerns or confusion you may have about emergency
responses at the site.
24: How do brownfield site emergency responders
need to be trained and prepared?
This is determined by the potential for a hazardous substance
emergency release at your site, and by the responders'
assigned duties during an emergency.
If you are an employer at a site that is required to comply with
paragraphs (b)-(o) of the Hazardous Waste Operations and
Emergency Response (HAZWOPER) standard, the emergency response
training provisions in paragraph (e)(7) apply to on-site
personnel. If you expect your on-site employees to participate in
emergency response, you must prepare an emergency response plan
according to the provisions in paragraph (l) and train and equip
your personnel according to their assigned duties.
If you expect all of your employees to evacuate the emergency
release area immediately and seek refuge, you must prepare an
emergency action plan and comply
with the training according to provisions in 29 CFR
1910.38. However, if
you could have a hazardous substance emergency release on your
site, you are still responsible for selecting a hazmat response
provider and for verifying that the provider you select can meet
your specialized emergency response needs. Not all local fire
departments, for example, have hazmat teams. If the local fire
department is not trained and equipped to respond to hazmat
emergencies, you must make alternative arrangements. These
arrangements may include contracting with a private hazmat
responder, training your own hazmat team, or coordinating with
other local employers and community response organizations to
arrange for a community hazmat team.
If you are an employer at a site that does not fall within the
scope of HAZWOPER paragraphs (b)-(o), and there is the potential
for a hazardous substance emergency at your site, then the
emergency response provisions in HAZWOPER paragraph (q) apply to
you. Under paragraph (q), you may still evacuate your employees
during an emergency, provided you develop an emergency action
plan and train your employees according to
29 CFR
1910.38. You are also still required to make arrangements for effective hazardous substance
emergency response for your site.
If you are the employer of an off-site emergency response team,
including a municipal emergency response team, you must train
your employees for the duties you expect them to perform. If you
expect your employees to respond to a brownfield site of known or
suspected contamination where a hazardous substance emergency
response effort is anticipated, your employees must operate in
compliance with HAZWOPER's paragraph (q) and must be trained
according to the provisions in paragraph (q)(6). Coordination
with employers that plan to rely on your response services will
provide the site-specific information you need to plan and
execute emergency response operations safely.
Be aware that municipal responders in State Plan States are
under State jurisdiction. If you are working in one of the States
where the State HAZWOPER standard differs from the Federal
standard (currently Michigan, California, or Washington), the
State requirements may be different.
In Federal Occupational Safety and Health Administration (OSHA)
States, State and local government employees, both paid and
volunteer, are covered by the Environmental Protection
Agency's (EPA's) HAZWOPER standard, 40 CFR 311. The
provisions of EPA's standard are identical to OSHA's.
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