Regulatory Framework

DOE-EM-STD-5503-94

1.0. REGULATORY FRAMEWORK

1.1. BACKGROUND

In the 1986 amendments to the Comprehensive Environmental Response, Compensation, and

Liability Act (CERCLA), Congress tasked the Administrators of the Environmental Protection

Agency (EPA) and Occupational Safety and Health Administration (OSHA), the Secretary of the

Department of Transportation (DOT), and the Director of the National Institute for Occupational

Safety and Health (NIOSH) to modify the National Contingency Plan (NCP) (40 CFR 300) to

provide for protection of health and safety of employees involved in response actions. To satisfy

this directive, standards requiring the development of a site-specific health and safety plan

(HASP) were established by OSHA in 29 CFR 1910.120, Hazardous Waste Operations and

Emergency Response (HAZWOPER), and incorporated into the NCP (40 CFR 300.150).

Additionally, the NCP requires compliance with standards and regulations of the Occupational

Safety and Health Act, including such standards as Construction Safety (29 CFR 1926) and

General Industry Standards (29 CFR 1910), where applicable. DOE Orders 5480.1B and

5483.1A require compliance with these standards.

This guidance document is intended to assist in the preparation of site-specific HASPs that will

meet or exceed the requirements of 29 CFR 1910.120.

This chapter summarizes the regulatory framework upon which the site-specific HASPs for EM-

40 facilities will be based. It is the intent of this chapter to provide clear, concise direction

regarding compliance with 29 CFR 1910.120(b)(4)(ii) as applied to EM-40 facilities.

Some sections of this chapter describe techniques or modifications that are not specifically

included in the HAZWOPER standard. EM-40 has adopted these additions, based on industry

practice, perceived operational weaknesses, other occupational safety and health standards, or

other considerations. If an existing HASP at any EM-40 site meets or exceeds the requirements

of this chapter, no modifications to that HASP are necessary. Unless otherwise noted, the

information requirements shall be included in at least one section and references made in other

sections, as necessary.

1.2. SITE-SPECIFIC HASP REQUIREMENTS

1.2.1. Introduction

The site-specific HASP should include an introduction to the plan. The main purpose of the

introduction is to describe the site the HASP will encompass and its applicability to operations. In

developing this description the preparer should include:

A brief description,

Background information (e.g., site history, prior site activities),

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