Carrie Bettinger, CHMM, CSP

As a Certified Hazardous Materials Manager (CHMM) and a Certified Safety Professional (CSP) I often make recommendations to our “General Industry” clients in an effort to lift their game with dealing with hazardous waste.  There are multiple layers of compliance issues related to hazardous waste handling, and, as with most regulations, a little education (TRAINING!!) goes a long way in understanding the game plan!  The intention of this blog is to provide a brief discussion of the key regulations and their associated training requirements.

The Rules

The U.S. Environmental Protection Agency (EPA) has very strict guidelines regarding the generation, transportation, treatment, storage  and disposal of Hazardous Waste,  which “General Industry” businesses (schools, colleges; hospitals; trucking/freight companies; manufacturer; laboratories; …well, just about everyone) needs to know!

OSHA uses the term “general industry” to refer to all industries not included in agriculture, construction or maritime. General industries are regulated by OSHA’s general industry standards, directives, and standard interpretations.

Give me an R! Give me a C! Give me an R! Give me an A!  What’s that spell?!  HAZARDOUS WASTE!

The Resource Conservation and Recovery Act (RCRA) appeared on the environmental scene in 1976 after Congress decided that people shouldn’t be building homes on top of highly hazardous waste dumps or Farmer Joe shouldn’t have a side business of burying industrial waste on the family farm.   RCRA is a complex law with lots of parts and many industries are affected by its components.  In addition to being complex, the text of the Act with all of its parts and sections is hard to follow.  My primary technical focus tends to be on the Generators of Hazardous Waste (40 CFR Part 262).  RCRA Training requirements for generators can be found in 40 CFR 262.34(a)(4) which conveniently (NOT) refers you to look at 40 CFR 265.16 on Personnel Training. 

But the EPA’s RCRA law is not the only player when it comes to the game of shipping hazardous waste off your site.  The other major player is the Department of Transportation (DOT), and its Hazardous Materials shipping training requirements are found in 49 CFR Part 172, Subpart H.   The International Air  Transport Association (IATA) has rules for the air transport of hazardous materials (http://www.iata.org/) including training requirements.

To simplify, RCRA is all about Hazardous WASTE and the DOT and IATA rules kick in when you’re dealing with hazardous MATERIALS, and guess what hazardous waste is?  That’s right it’s hazardous materials in DOT and IATA eyes.  For those who generate or ship Hazardous Waste, compliance for with EPA RCRA and DOT /IATA rules starts with required and effective training.  

The Required Training

So, if you generate hazardous waste and you need to get it off your site, here is a brief summary of the training employees who either generate or handle hazardous waste should have — per both EPA and DOT/IATA.

All employees at sites that generate hazardous waste need to be trained in how to:

• Properly identify what qualifies as regulated “Hazardous Waste” per federal (EPA) or your state requirements.
• Know where to properly dispose of any hazardous waste you may generate (I will give you a hint:   It’s NOT down the sink drain!).
• Know how to handle and dispose of highly hazardous waste (very toxic, reactive or explosive) to prevent injuries, and who to contact for questions or emergencies.

Employees who are designated as responsible for the management and control of this hazardous waste need additional training.  And, depending on the size of the facility, it is prudent to provide this training to a backup employee or two. This additional training includes how to 

• Properly label containers
• Implement accumulation area requirements and time-on-site limits
• Inspect hazardous waste accumulation areas for leaking or damaged containers or other problems
• Complete Hazardous Waste shipping manifests
• Ensure proper shipping methods and a qualified transporter are used
• Develop site-specific procedures
• Know and implement emergency procedures and site contingency plans

Refresher Training

A common point of confusion is when refresher training is needed for employees.  The DOT and EPA have two separate requirements:

• The EPA requires annual refresher training for their regulations.
• The DOT requires refresher training every 3 years for their regulations.   

And, companies must ensure training for new employees or those newly assigned to the role within 6 months of their new post to be in compliance with both RCRA and DOT regulations. 

The Bottom Line

We can all help to ensure clean air, clean soil and clean water in our neighborhoods by understanding and following federal and state hazardous waste/hazardous materials regulations. When accidents happen (and they do), labeling, manifests, emergency plans – everything that DOT/IATA and RCRA training develops for your company – are vital in the cleanup of the environment and protection of employee and public health and safety. 

For more information or questions regarding how to handle hazardous waste or where to obtain training, please comment below or contact Emilcott.  As part of The Emilcott Training Institute, we offer private hazardous communication, hazardous materials and hazardous waste training specific to company or site needs. We also offer public classes for both DOT/IATA and RCRA:

• 6-hour Introduction to RCRA Compliance (40 CFR 260-273)
• 6-hour Introduction to DOT/IATA Compliance (49 CFR 172.704 & DGR 1.5.0)
• 4-hour RCRA Refresher
• 4-hour DOT/IATA Refresher

Also – check out the EPA web page on hazardous waste. There is a plethora of information that you can use to make hazardous waste management a snap!

“Every day there are more than 800,000 shipments of hazardous materials (hazmat) in trucks-usually flammable liquids, such as gasoline, or flammable gas. About 200 hazmat trucks a year are involved in fatal crashes and 5,000 in nonfatal crashes. Although these numbers are small relative to the totals of almost 5,000 trucks involved in fatal crashes and 400,000 involved in nonfatal crashes annually, the potential for human injury and property damage in hazmat crashes is much greater.”

Ralph Craft, Ph.D.
Analysis Division, Office of Information Management, US Department of Transportation

800,000 daily shipments of hazardous materials = about 4 BILLION TONS every year!  There are about 5,200 truck crashes involving these shipments annually. When you do the math, well over 99% of these hazmat shipments make it to their destinations with no problems. Why? One primary factor is training specific to the laws  directing the handling, shipping and transporting hazardous materials.  According to federal law, if you ship or transport hazardous materials, or are involved with pretty much any aspect of it, you are required to complete proper training.  Why? It is the shipper’s responsibility to ensure each hazardous material package or box — no matter how it is transported – is in compliance with applicable DOT regulations.

Ground Transportation

Training for the ground transportation of hazardous materials is specified by the DOT (Department of Transportation) to ensure that federal laws are understood and followed.  This training must include

• General Awareness of the regulations and hazard identification,
• Function-specific curriculum by the employer to determine the appropriate level based upon the employee’s duties AND the hazards involved.  
• Emergency response information required by the regulation
• Measures to protect the employee and others from the hazards associated with hazardous materials
• Methods and procedures for avoiding accidents
• Proper procedures for handling packages containing hazardous materials
• Security awareness training

The DOT training must be completed within 90 days of a person starting a hazmat job AND the DOT training must be documented and refreshed every 3 years. This rule includes drivers, even if they are owner-operators.

Shipping by Air, Too?

The Federal Aviation Administration (FAA) has jurisdiction over how you handle and transport hazardous materials by air.

“Ensuring that undeclared dangerous goods do not get on board an aircraft is one of many key objectives of IATA’s dangerous goods program. By defining standards for documentation, handling and training, and by actively promoting the adoption and use of those standards by the air cargo industry, a very high degree of safety has been achieved in dangerous goods transport.”

These requirements are set by the International Air Transport Association (IATA) Dangerous Goods Regulations.  After initial training, refresher training is required WITHIN 2 years if you ship by air — domestic or international. 

Hazmat transport on the ground or in the air is serious business.

Don’t think training matters? Consider these consequences for non-compliance! 

• Shippers and transporters are subject to inspection by DOT and or FAA investigators. Training records are one of the first things they’ll ask for. Fines can range up to $250,000.00, and imprisonment is a possibility. 
• If there is an accident or incident, employee training logs as well as contributing health and safety policies will be closely examined to determine fault, penalties, fines and other actions.
• Liability and workers compensation rates are effected by both incident and accident levels.
• Business disruption and reputation damage are factors to consider as well.
• Ignorance of the law…not a legal excuse!

As an example, I know of one case where a small quantity of hazardous material found its way, undeclared, onto an aircraft. Proposed penalty: $225,000 (without accident, injury or loss of life). Add to this the bad PR – employees, vendors and the public will know that your actions may have caused injury or death — and the importance of compliance becomes apparent.  

The most common scenario that we encounter at Emilcott is prepackaging.  Whether it’s a sample or a small amount, a hazardous material is casually boxed and labeled by someone who is unaware of DOT/IATA rules. And the shipping person has no idea what’s inside…and doesn’t ask. With proper DOT/IATA training, everyone from the shipping clerk up to management understands the processes for ensuring that packages get delivered safely from points A to B without endangering workers, drivers, and public on its way.

Are you trained properly? What about the rest of your company?

Are you shipping products that may be hazardous?  Do you even know how to find out? Is your training up-to-date with the Refresher courses mandated by the DOT and FAA?  Have you considered the cascade of repercussions that shipping one package incorrectly could cause for your company or fellow workers?   The bottom line?  Only trained persons are permitted to be involved with the transportation of hazardous materials.  It is what makes the process work safely…for everyone!   Get DOT and IATA training today – to protect yourself and the public.

Emilcott offers two different HazMat transporation (DOT/IATA) training courses:  

4-Hour REFRESHER to DOT/IATA

This half-day Refresher course trains workers to comply with DOT/IATA regulations for the ground (DOT) and air (IATA) handling, shipping or storage of hazardous materials and waste. It is particularly valuable for those with any responsibilities for health and safety at their job sites. If you have already had Initial DOT/IATA training, you must attend a DOT Refresher every three years and every two years for IATA.

6-Hour INTRODUCTION to DOT & IATA Compliance

Presented as a hands-on workshop, the Emilcott 6-Hr Initial DOT/IATA training course covers the intentions and basics of the DOT Hazardous Materials regulation and the IATA requirements for air shipments. Students will learn about the Hazardous Materials Table, shipping papers, determining the proper shipping name, emergency information, packaging and transportation and meets the initial training requirements of both 49 CFR 172.704 and DGR 1.5.0.

Your next visit to a truck stop may be more pleasant in a few years.  New standards were announced on October 25th from the DOT (Department of Transportation) and EPA (Environmental Protection Agency) to reduce greenhouse gas emissions in heavy-duty trucks and buses.  The standards, which are set to be phased in on new vehicles in 2014, will include requirements to improve fuel efficiency which benefits businesses, the shipping industry, and cities and towns.

The large vehicles being targeted by the proposed standards are divided into three categories: combination tractors, heavy duty pickups and vans, and vocational vehicles.  Combination tractors will have a 20% decrease in CO₂ output as well as fuel consumption.  Heavy-duty pickup trucks and vans will have separate gas and diesel standards; by 2018 CO₂ emissions and fuel consumption will decrease by 10% in gas vehicles and 15% for diesel.  Vocational vehicles, such as buses and utility trucks, could see a 10% reduction in fuel consumption and CO₂ emissions by 2018.  

The new regulations bring environmental and economic benefits.  People who live near bus depots, cities, and highways should be happy.  And, on those hot smoggy days near the end of this decade, the air will be a little cleaner.

What do you think of the regulations? Will they impact your business?

Dian Cucchisi, PhD, CHMM

Environmental Health and Safety Professionals are often faced with questions that do not seem to have black and white answers, but, in reality, regulatory requirements are not that gray.  A common question: When do the requirements for 29 CFR 1910.120 and 29 CFR 1926.65 (OSHA’s Hazardous Waste Operations and Emergency Response regulations) apply?  The challenge for EHS professionals is to communicate to workers the distinction between what are considered environmental health risks and the risks to human health, and to clarify the difference of the word “hazardous” as used by various environmental protection agencies and Occupational Safety and Health Administration (OSHA).

The Environmental Protection Agency (EPA) and the state environmental protection agencies have standards for soil and groundwater “cleanliness” for residential and non-residential properties.  Soil or groundwater in exceedence of those standards needs to be remediated (usually by removal), but to add to the confusion, sometimes when soil and/or groundwater is removed from the site and transported to a disposal facility it may not fall into the EPA’s definition for hazardous waste.  So here lies the misunderstanding; if it is not classified as “hazardous waste” by the EPA, people often make the determination that it is not considered hazardous to workers and, therefore, it is not necessary to take measures to protect the workers’ health and safety.

When it comes to worker safety and the risks to human health, we must look at the requirements provided by OSHA.   OSHA is focused on exposure potential and the resulting hazard assessment evaluation to workers from the chemicals that may be encountered when working in areas with potentially contaminated soil and/or groundwater.  If the chemicals present are regulated by OSHA with a Permissible Exposure Limit (exposure based on an 8-hour average), the employer is required to conduct exposure assessments and air monitoring to determine potential risks to the workers onsite.  It also requires that workers are protected from these potential exposures through either engineering controls or personal protective equipments (such as tyvek, gloves and respirators).

 There is also a need to protect the workers and meet all the other applicable OSHA standards that mitigate health and safety risks to workers on this site.   Such required protection would include: 

• developing a site-specific health and safety plan,
• training workers in chemical hazards and controls,
• conducting environmental monitoring to determine exposure,
• instituting controls (PPE and Engineering) to protect from exposure potential,
• clean up (decontamination).and a number of other procedures.  

It is surprising and frustrating that this issue is still debated, but if it is, doesn’t it make sense to use the guidelines in these standards to clarify? We are talking about human health and the regulations are clear about the requirements for worker training and personal protection when dealing with chemical contamination.  You can use the environmental classifications to determine how to treat the situation, but you must look to OSHA to protect the workers as they are doing it.

Have you ever had workplace confusion regarding environmental risk and hazardous to human health? If so, I’d like to hear about your situation and how you resolved it.

During a recent visit to a construction project, I came across a very common and unsettling problem, improper roadway protection and inappropriate high visibility clothing.  A worker wearing an open-weave reflective vest (over a blue t-shirt) was working inside an active temporary traffic work zone; he was removing concrete curbing using a jackhammer with his back turned to oncoming traffic, and the work area lacked roadway protection. More often than not, construction workers and supervisors do not realize the importance of establishing adequate roadway protection, procedure implementation, and proper visibility garments until it is too late. 

How can workzone accidents be prevented?

First, understand what the law requires. The Manual on Uniform Traffic Control Devices (MUTCD), which is published by the Department of Transportation (USDOT), provides guidance on control devices, as well as what procedures to follow on roadways all roads open to public travel.  MUTCD* recommends high-visibility garments be selected by a trained person designated by the employer. It also states that workers exposed to the risks of moving roadway traffic or construction equipment must wear Class II or III high-visibility safety garments while on roads open to public travel. Additionally, OSHA (Occupational Safety and Health Administration) has published a Letter of Interpretation which requires the use of high-visibility safety garments by workers on road/highway work zones.

Second, consult a safety professional with experience in roadway work zones. Contractors should be encouraged to evaluate engineering controls first (e.g. traffic barriers and intrusion warning devices) and work zone procedures (e.g. spotters and training on how to work next to motor vehicle traffic), in addition to the use of Personal Protective Equipment (e.g. high-visibility garments).

Below are some tips for the selection of adequate roadway protection and high visibility clothing:

• Assess the work zone activities, conduct a hazard analysis then draft a worker safety plan which includes methods of roadway protection and high visibility clothing requirements. This plan should be developed by a competent person.
• Select clothing in compliance with the ANSI/ISEA 107 standard. Many “cool” garments do not comply with these requirements, which include retroreflectivity (light reflection) and brightness.
• Make sure high visibility garments are properly maintained and replaced when unserviceable (click HERE for guidance).

Three Specific ANSI Classes of Garments

Class I:  These are for personnel NOT working on the open road ways (parking lot attendants and sidewalk maintenance workers are examples of personnel who would use this type of apparel).  These garments should be used

• When the wearers activities and focus are never  diverted from approaching traffic
• When there is ample separation between the worker and traffic
• Traffic speed are NOT above 25 miles per hour

Class II:  These are considered the minimum level of personnel protection on projects where roads are open to public travel. Examples of activities during which personnel who can wear Class II include ship and cargo operations, roadway construction and maintenance, surveying, law enforcement, and railroad maintenance.  These garments should be used

• During inclement weather or in work environments that pose a greater risk than those of Class I
• During activities that may shift a worker’s focus away from the approaching traffic
• When workers are in close proximity to passing vehicles traveling between 25 to 50 miles per hour

Class III:  These garments are for the maximum protection and should be worn by personnel (e.g., roadway construction, survey crews and law enforcement response) performing activities under the following conditions:

• There are serious hazards and tasks that would take the workers attention away from vehicular traffic  (e.g. paving and saw cutting concrete)
• Traffic speeds exceed 50 miles per hour,
• Work is performed during nighttime operations and /or there are reduced sight distances

Note about Emergency Responders: The 2009 version of the MUTCD addresses exempts firefighters or other emergency responders working within the roadway and engaged in emergency operations that directly expose them to flame, fire, heat, and/or hazardous materials from wearing high visibility safety apparel. They may wear retroreflective turnout gear that is specified and regulated by other organizations, such as the National Fire Protection Association; however, if they are just working within the roadway, then wear high-visibility safety apparel must be worn (for more information please refer to Chapter 6D of the 2009 MUTCD).

Roadway work zones are extremely dangerous and accidents usually yield disastrous consequences. For this reason, contractors should always make sure that proper work zone protection is provided, and we should always slow down around construction zones and respect signals, give them a brake!

* As per 23 CFR§ 655.603,  the MUTCD, approved by the Federal Highway Administrator is the national standard for all traffic control devices installed on any street, highway, or bicycle trail open to public travel in accordance with 23 U.S.C. 109(d) and 402(a).

Both OSHA and the EPA seemed to have recently awoken from their regulatory slumber. OSHA has announced its first major rulemaking during the Obama administration with a proposed change to the agency’s Hazard Communication (HazCom) Standard.  The existing OSHA HazCom Standard provides workers with the right to know the hazards and identities of the chemicals they are exposed to while working, as well as the measures they can take to protect themselves.  This standard was originally adopted in November 1983 and has been enhanced a few times with the latest revision in February 1994.

The proposed changes set the stage for the United States to catch up with the global community in the use of globally consistent methods for chemical hazard classification, hazard labeling, and the format of Material Safety Data Sheets (MSDS).  The proposed changes will align the HazCom Standard with the United Nations Globally Harmonized System of Classification and Labeling (GHS).  The GHS was adopted by the UN in 2003 with a goal of implementation in 2008.   Most multinational companies have been following both the global system and the current OSHA Hazard Communication Program in recent years.  The US Department of Transportation has already modified the DOT requirements to make them consistent with international UN transportation requirements and the GHS.  Now it is time for OSHA.

The proposed changes will significantly improve the quality and consistency of information provided to workers, employers and chemical user by having a standardized approach to identifying the hazard, labeling the hazard on containers and equipment, and documentation of the hazard on a MSDS.  The most pronounced change that chemical purchasers and workers will see is a consistent hazard warning statements and warnings (including pictograms) along with MSDSs will always have the same information located in the same place.  These changes are critical not only for everyday users of the chemicals but also emergency responders and medical personnel.

However, the changes won’t be required next week and probably not even next year.  The process for moving through a major revision to an established regulation can be long and loud (with input from all vantages points on the changes).  OSHA took the first step of this process in September 2006 with an “Advance Notice of Proposed Rulemaking” (ANPR).  The recent step, in September 2009, is detailing the changes to HazCom with the publishing of a “Notice of Proposed Rulemaking” (NPRM). Next is the comment period (90 days – December 29, 2009) and then public hearings scheduled for early 2010.  OSHA will then draft a Proposed Standard which will have to be reviewed by the Office of Management and Budget and will consult with the Small Business Administration.  The Proposal Standard will then get published in the Federal Register, and will most likely have a comment period.  FINALLY, OSHA will incorporate changes from comments into the Final Standard, which will be published in the Federal Register with the provisions taking effect over the following months or years.

It’s a long process.  Regulators don’t have the window of time to slumber.

1. Is the material hazardous? This can be determined by looking at the Material Safety Data Sheet (MSDS) or the label.

2. Does the Department of Transportation consider the material a hazardous material for transportation? Check the Hazardous Material Table (HMT) found in 49 CFR 172.101.

3. Is the material listed by name in the HMT? If so, that would be the proper shipping name.

4. Is the material not listed by name in the HMT but is a hazardous material due to flammability, corrosivity, etc.? If so, a generic proper shipping name would be used. The generic proper shipping names are also located in the HMT.

5. Do you have personnel trained according to 49 CFR 172.704?

6. Do you have the proper label(s) as required by 49 CFR 172.400 – .450?

7. Is the packaging approved for the shipment of hazardous materials according to 49 CFR 173?

8. Have you completed the Shipper’s Declaration of Dangerous Goods?

9. Is the listed emergency response telephone number answered by a “live person?”

10. Failure to ship hazardous materials properly has resulted in monetary fines in the hundreds of thousands of dollars.