Old or abandoned industrial sites often sit on valuable land that has been targeted for redevelopment. Many of these sites are designated as hazardous or potentially hazardous sites by Federal and/or State Environmental Protection Agencies (EPA). Sites that are determined to be potentially hazardous, polluted or contaminated are referred to as “brownfields” or in some cases “superfund” sites. Before brownfields can be put to use, they must be cleared, cleaned up and new utilities must be installed. All potentially hazardous substances must be removed and properly disposed of.

The contractors who perform the work are required to comply with the Hazardous Waste Operations and Emergency Response (HAZWOPER) standard, which is a performance-oriented standard. Compliance with this standard starts with developing and implementing a written safety and health program for hazardous waste operations. The program must be designed to identify, evaluate and control all safety and health hazards and provide for emergency response for hazardous waste operations. The program must also include the organizational structure, comprehensive work plan, site-specific procedures, safety and health training, medical surveillance program and the employer’s standard safety and health procedures.

From OSHA’s perspective, a brownfield site is a hazardous waste site if the site meets OSHA’s definition of an uncontrolled hazardous waste site. According to OSHA, an uncontrolled hazardous waste site is a site where “an accumulation of hazardous substances creates a threat to the health and safety of individuals or the environment or both.”

The cost of cleaning these sites is not cheap and landowners know it. However, your company can take part in this type of work by learning and following the rules and ensuring that workers are properly trained and equipped to do the work safely.

Compliance

An organizational structure must be established in writing. The structure will identify the contract relationships and safety and health responsibilities. Sites for which a single Health and Safety Plan (HASP) has been developed generally assign safety and health oversight to the site Safety and Health Coordinator. This individual is generally an employee of the general contractor or construction manager. Individual contractors and subcontractors must still ensure the safety and health of their own employees and may have their own site specific safety and health coordinator.

The comprehensive work plan will identify the tasks that will be performed and the responsibilities of each contractor involved. Site-specific procedures must be established to ensure that hazards and potential exposures are identified and controlled.

Each contractor must communicate the hazards and exposure controls associated with their particular tasks to their employees, other contractors and the site safety and health coordinator.

Safety and health training is required for all onsite employees. The extent of the training will depend on the activities that employees will perform. Although most superfund site employees require the 40-hour initial training course, brownfield workers may only be required to have the 24-hour initial training. The amount of training will be based on site conditions. Employees must also receive eight hours of on-site field experience under the direction of a trained experienced supervisor. HAZWOPER contains an equivalent training provision that allows employers to certify that an employee’s prior training and work experience are equivalent to the initial training requirements. Be prepared to prove it!

Site supervisors need the appropriate number of hours of initial training based on the anticipated exposure levels and eight additional hours of supervised training. Generally, supervisors need the same number of hours of training as the employees plus eight hours of training to familiarize them with the safety and health program and its application to brownfield activities. Once on site, workers and supervisors must also receive site specific training to familiarize them with the specific tasks, hazards and exposure controls.

All workers and supervisors must receive eight hours of refresher training annually. The refresher training must be geared toward their jobsite responsibilities.

HAZWOPER can be provided by outside or in-house resources. Trainers must be qualified to instruct employees about the subject matter that is being presented. Such trainers must have successfully completed appropriate training or have the academic credentials and instructional experience for teaching the subjects. Documentation must be maintained and certificates issued to all students who complete the 8-, 24-, and 40-hour HAZWOPER training.

A medical surveillance program must be established and implemented. All employees who are or may be exposed to hazardous substances or health hazards at or above the permissible exposure limit (PEL) or published exposure levels for 30 days or more a year, must wear a respirator for 30 days or more a year, or who are injured, become ill or develop signs or symptoms of overexposure must be covered by the program.

Medical examinations and consultations must be made available by the employer to employees who could be exposed prior to assignment at least every twelve months, at termination and if signs or symptoms of overexposure develop. The OSHA standard 1926.65(f) provides the specific requirements for medical examinations and consultations.

Controls

Brownfield site clean up activities involve a greater variety of hazards than the average site development or utility construction site. Every jobsite is different and site specific controls and procedures will need to be established by the employer.

Site development and utility contractors often encounter contaminated soil that must be scrapped off, dug up and removed for treatment and disposal before they can begin to develop the site and install utilities. Since clean-up activities usually involve longer durations of exposure employer’s may need to provide facilities for personal hygiene, personal protective equipment including disposable coveralls, boots, respirators and other equipment that will need to be replaced and/or decontaminated. Work clothes should be laundered on site or sent to a laundry equipped to handle contaminated clothing. Workers should not wear contaminated clothing.

If respirators are required to be worn by employees remember that a Respiratory Protection program is required and must meet the requirements established by 1910.134. This means another written program, respirator selection and fit testing, medical surveillance, training and recordkeeping.

In some situations, equipment and tools will have to be decontaminated before being returned to the contractor’s yard or moved to another jobsite. A decontamination station may have to be set up and designed to collect the contaminated water for processing.

Emergency Response

A hazardous substance release at a brownfield site does not always require an emergency response. If the substance
released does not pose a significant safety and health hazard to employees within a short time period, OSHA considers it an incidental spill. Incidental spills are limited in quantity, exposure potential and/or toxicity and do not require an emergency response. In contrast, releases of hazardous materials that pose a significant threat to health and safety require proper training and an emergency response. Therefore, employers must know what is on site and establish an emergency action plan for the site.

Employees must be trained to distinguish between an incidental spill and emergency releases of hazardous substances. They must also be familiar with the emergency action plan.

Enforcement

OSHA and State OSH agencies are responsible for enforcing health and safety standards in the workplace. To ensure workers are adequately protected, OSHA may visit a brownfield site and conduct a comprehensive inspection or focus on a complaint. In any case, expect the compliance officer to review required documentation, training records, Materials Safety Data Sheets, employer’s monitoring data and injure/illness records.

Don’t be surprised to be visited by an OSHA industrial hygienist who may want take samples using wipes to collect physical samples, air samples using collection devices worn by employees or simply monitor the air with an air monitor. Mostly they will be looking to see that the employer has a plan in place, workers have been trained, check sampling data and to check that controls are in place and sufficient to protect employees.

In addition, Federal and State environmental protection agencies also have requirements that must be met. Primarily, they focus on the environmental aspects of the site and how the hazardous materials are being handled and disposed of. They will report to OSHA and request an inspection on matters of employee safety and health.

More information about brownfields can be found at www.epa.gov/brownfields. For additional HAZWOPER information and applicable OSHA regulations go to www.osha.gov/SLTC/hazardouswaste/index.html.

George Kennedy is NUCA Vice President of Safety.