Applying the HAZWOPER Standard to Marine Oil Spills

HAZWOPER Requirements that

Apply to Marine Oil Spills

The NCP defines oil as any kind of oil in any

form, including petroleum, fuel oil, sludge, oil

refuse, and oil mixed with wastes but not

dredged spoil (dirt or rock).

Response actions conducted under the NCP

must comply with the provisions of HAZWOPER.

You’ll find this requirement in 40 CFR 300.150.

Therefore, if your workers are participating in a

response action under the NCP, you must have an

occupational safety and health program consistent

with HAZWOPER and you must train your

workers according to HAZWOPER’s training

requirements. This applies whether the responsible

party or a government agency is directing

the cleanup.

For marine oil spill emergency response, the

HAZWOPER provisions that most directly apply

include:

• Emergency response operations in

HAZWOPER paragraph (q), and

• Post-emergency response cleanup

operations in paragraph (q)(11).

See also emergency response training provisions

in paragraph (q)(6), and post-emergency

response training requirements in paragraph

(q)(11).

The NCP defines oil as any kind of oil in any

form, including petroleum, fuel oil, sludge,

oil refuse, and oil mixed with wastes but not dredged spoil (dirt

or rock.) A ship exploded and caught fire off the coast of New Jersey. About

127,000 gallons of oil were unaccounted for after the incident.

When HAZWOPER Does Not Apply

HAZWOPER does not apply to incidental releases

that are limited in quantity and pose no safety

and health threat to employees working in the

immediate vicinity of the spill. These oil spills

can be absorbed or controlled at the time of the release by

employees in the immediate vicinity. The difference between

emergency spills and incidental releases is described in the

definition of emergency response in HAZWOPER

paragraph (a)(3). An incidental release does not

have the potential to become an emergency

within a short time. If an incidental release

occurs, employers do not need to implement

HAZWOPER.

HAZWOPER Coverage for

Volunteers

Volunteers frequently participate in marine oil

spill response, but Federal OSHA standards do

not cover uncompensated workers. In states

approved to manage their own occupational

health and safety program (called OSHA state

plan states), volunteers are often covered under

state plan HAZWOPER requirements. In states

administered by Federal OSHA, volunteers are

covered by the EPA HAZWOPER standard (40 CFR

311). EPA’s HAZWOPER standard has identical

requirements, but the coverage is different from

Federal OSHA standard coverage. The EPA

standard covers local and state government

employees, both compensated and volunteers.

HAZWOPER REQUIREMENTS

FOR OIL SPILLS

Hazwoper Requirements for oil spills. OSHA Hazwoper safety requirements. Hazwoper standards.Hazwoper requirements for certification

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Hazwoper Requirements for oil spills. OSHA Hazwoper safety requirements. Hazwoper standards.Hazwoper requirements for certification