Or. Admin. R. 437-004-0950

Current through Register Vol. 63, No. 6, June 1, 2024

Section 437-004-0950 - Hazardous Waste Operations and Emergency Response (HAZWOPER)

(1) If an agricultural employer requires employees to respond to an emergency release of a hazardous chemical with a reasonable possibility for employee exposure to safety or health hazards, that response activity must be in compliance with the applicable sections of Division 2/H, 1910.120, Hazardous Waste Operations and Emergency Response.

(2) Agricultural employers whose activities include clean-up operations involving hazardous waste, including those conducted at a treatment, storage, and disposal (TSD) facility, are subject to the applicable requirements in Division 2/H, 1910.120, Hazardous Waste Operations and Emergency Response.

NOTES: There are two primary considerations for most agricultural employers to determine if the HAZWOPER rules apply to you:

(1) Do you expect your employees to respond to spills of hazardous chemicals in a way that involves a reasonable possibility of exposure to safety or health hazards? (If NO, the HAZWOPER rules do not apply.)

(2) If YES, would your employees respond only to an incidental release of a hazardous chemical; or, to an emergency release of a hazardous chemical?

(a) IF you expect your employees to respond only to an incidental release (defined as a situation where the spilled substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate area, or by maintenance personnel;) and there is no potential safety or health hazard (such as fire, explosion, or chemical exposure;) THEN, the HAZWOPER RULES DO NOT APPLY. However, you must train and equip employees who are expected to respond to incidental releases to safely handle that type of non-routine task as required by Division 4/Z, 437-004-9800, Hazard Communication Standard for Agricultural Employers.)

(b) IF you expect your employees to respond to an emergency release (defined as an occurrence that results in, or is likely to result in an uncontrolled release of a hazardous substance; or, a situation that requires a response effort by employees from outside the immediate release area, or by other designated responders such as mutual-aid groups or local fire departments;) THEN, the HAZWOPER RULES APPLY. Agricultural employers who expect their employees to respond to these types of emergencies are required to follow the sections in the HAZWOPER rules that apply to emergency releases "without regard to the location of the hazard." (See Division 2/H, 1910.120(q) Emergency responses to hazardous substance releases.) The best source of information about any chemical in the workplace (including recommended personal protective equipment and procedures for spill-response) is often the chemical's Safety Data Sheet (SDS.)

Or. Admin. R. 437-004-0950

OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98; OSHA 3-2014, f. & cert. ef. 8-8-14

Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001 - 654.295