29 CFR 1926.65: Hazardous waste operations and emergency response

Question 1

During excavation on a construction site, a backhoe ruptures a drum buried in fill, and a liquid of unknown composition begins to seep across the ground toward a storm drain. The employer's emergency response plan assigns a first responder at the operations level to the initial response. The responder has the training and PPE for that role only. Which action fits that role?

1. AContain the seepage from a safe distance, keep it from spreading toward the drain, and prevent exposures
2. BEnter the excavation to classify and verify the unknown liquid using field survey instruments
3. CApproach the drum and plug the rupture with a patch kit to stop the release
4. DTake an assigned role in the Incident Command System and perform advanced confinement at the point of release

Question 2

A contractor excavating for a utility trench has a written plan stating that if an unknown drum ruptures and releases a hazardous substance, all crew members will immediately evacuate to a designated assembly point and call the fire department. No employee is permitted to assist in handling the release. The contractor has also prepared an emergency action plan under 1926.35. Which statement best describes the contractor's obligation regarding a full emergency response plan under the HAZWOPER emergency response paragraph?

1. AThe contractor is exempt from the emergency response plan requirement because employees will evacuate and not assist, and an emergency action plan is provided
2. BThe contractor is exempt only if the fire department co-signs the emergency action plan before work begins
3. CThe contractor must still develop a full written emergency response plan because any anticipated hazardous substance release triggers it
4. DThe contractor must develop the emergency response plan but need not make it available to employees' representatives

Question 3

A contractor excavating for a utility trench has a written plan stating that, if an unknown drum is punctured and leaks, all workers will immediately leave the area and go to a designated assembly point. No employee is permitted to help control the release; outside responders will be called. The contractor has also prepared an emergency action plan under § 1926.35. Does the contractor still need a full written emergency response plan under the HAZWOPER emergency response paragraph?

1. ANo, because the exemption applies only to employers whose plans have been approved in advance by the local fire department.
2. BYes, but only if the plan is made available to OSHA personnel and not to employees or their representatives.
3. CNo, because employers who evacuate employees and permit none to assist in handling the emergency are exempt if they provide an emergency action plan under § 1926.35.
4. DYes, because any construction site with potential hazardous substance releases must have a full emergency response plan regardless of employee roles.

Question 4

A remediation contractor hires an experienced hazardous waste worker who holds a certificate from a prior employer showing training equivalent to the initial HAZWOPER training. The worker is new to the contractor's clean-up site and is scheduled to enter the exclusion zone on his first morning. The site manager believes the certificate alone is enough, so no further site training is needed. Which action is required?

1. AAllow entry now, because the certificate waives all training requirements for the worker
2. BRepeat the full initial training course because certificates from other employers are not valid
3. CGive the worker appropriate site-specific training before site entry and supervised field experience at the new site
4. DProvide only the annual eight-hour refresher before the worker enters the site

Question 5

A contractor is starting cleanup of a site contaminated with hazardous substances. A new general laborer will be removing contaminated soil. The site supervisor proposes sending the laborer to work immediately alongside experienced workers and arranging classroom training "sometime during the first month." Based on the HAZWOPER training rule, what is the correct response?

1. ANot acceptable only for supervisors, since laborers may be trained after starting work.
2. BAcceptable, because laborers need training only if they operate heavy equipment.
3. CNot acceptable, because employees may not take part in field activities until trained to the level their job function requires.
4. DAcceptable, as long as an experienced worker stays with the laborer during the first month.