Sludge Watch ==> OSHA: Sludge needs an MSDS to determine if it is hazardous material

[Maureen Reilly]

Sludgewatch Admin:

The Occupational Safety and Health Administration(OSHA) has determined that 
sewage sludge may be a hazardous substance, even if it is not called a 
hazardous waste by the EPA.

http://www.osha.gov/
..................................

http://www.ohsonline.com/articles/58975/
OSHA Issues Standard Interpretation on 'Sludge Exempt' Regulations
February 29, 2008


If sludge has a characteristic of hazardous waste but is not a solid waste 
when reclaimed, is it not hazardous waste, after all? Which OSHA standards 
apply to workers handling such material, and what are the associated 
employer obligations for employee hazard communication? Finally, if it's 
true that under EPA's Federal Sludge Exemption the material is not hazardous 
waste, is the sludge exempt from OSHA's HazCom and HAZWOPER standards? In 
answer to these questions, OSHA posted a Letter of Interpretation (LOI) on 
its Web site yesterday, saying, in a nutshell, that no matter how EPA might 
classify the material, if it poses a physical or health hazard then, for 
compliance, the HazCom and HAZWOPER standards will apply.

"It should be understood that just because a material is not classified by 
the EPA as a hazardous waste doesn't mean that it is not hazardous from the 
standpoint of OSHA compliance," says the LOI, written by the Directorate of 
Enforcement Programs Director Richard E. Fairfax. "[T]he HCS provides no 
exemption for materials that do not meet the EPA definition of a hazardous 
waste.

"Therefore, if the sludge material meets the definition of a physical or 
health hazard as defined in the HCS, then the HCS applies. OSHA has no way 
of knowing whether the material (sludge) meets this definition. Rather, it 
is the chemical manufacturers' or importers' responsibility to make this 
determination and assess whether there is exposure, or potential exposure, 
to workers."

Fairfax added that those who receive sludge should ask the supplier for a 
material safety data sheet for the product. "Your supplier is required to 
conduct a hazard determination of the materials they are producing and 
communicate that information on the MSDS for the material. Suppliers are 
also required to label the containers of the distributed materials," he 
wrote.

Regarding specifically the HAZWOPER standard, the LOI notes that Section q 
of the standard covers emergency response operations for releases of, or 
substantial threats of releases of, hazardous substances without regard to 
the location and that, like the HazCom standard, its intent is to protect 
employees from exposure to the health and physical hazards of hazardous 
substances. "The definition of



'hazardous substance' under Section (a)(3) of HAZWOPER encompasses those 
substances defined as hazardous by the EPA and the U.S. Department of 
Transportation, and includes four distinct categories (see 
1910.120(a)(3)(A-D)). Only one of these categories specifically refers to 
'hazardous waste.' Therefore, the term hazardous substance covers a broad 
range of materials including, but not limited to, hazardous waste," Fairfax 
wrote.


The complete text of the LOI, asked and answered in 2005 but posted Feb. 28, 
2008, is available on OSHA's Web site at

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25951.



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June 23, 2005

Mr. Kenneth W. Woodlin
P.O. Box 717
Pittsburgh, PA 15230

Dear Mr. Woodlin:

Thank you for your January 18, 2005, facsimile to the Occupational Safety 
and Health Administration (OSHA) requesting information on which OSHA 
regulations apply when handling waste material classified as "sludge 
exempt." This letter constitutes OSHA's interpretation only of the 
requirements discussed and may not be applicable to any situation not 
delineated within your original correspondence. Your question is paraphrased 
below, followed by OSHA's response.

Question: Under the Federal Sludge Exemption of the U.S. Environmental 
Protection Agency (U.S. EPA) hazardous waste regulations, a sludge 
exhibiting a characteristic of a hazardous waste is not a solid waste when 
reclaimed, and is, therefore, not a hazardous waste. Which OSHA standards 
would apply to workers handling this material, and what are the associated 
employer obligations for employee hazard communication? Since the material 
is not a "hazardous waste" due to the exemption, is the material, therefore, 
exempt from the Hazard Communication standard (HCS) and the Hazardous Waste 
Operations and Emergency Response (HAZWOPER) standard?

Answer: All employers have the responsibility of providing safe and healthy 
working conditions for their workers. If employees are exposed to hazardous 
materials, employers have a responsibility to provide them with information 
about those exposures. OSHA's HCS, 29 CFR 1910.1200, applies to workplaces 
where hazardous chemicals are known to be present and to which employees are 
or may be exposed under normal conditions of use or in a foreseeable 
emergency.

It should be understood that just because a material is not classified by 
the EPA as a hazardous waste doesn't mean that it is not hazardous from the 
standpoint of OSHA compliance. Section (c) of the HCS defines a hazardous 
chemical as any chemical which is a physical hazard or a health hazard. OSHA 
further defines health hazard in the HCS as "a chemical for which there is 
statistically significant evidence based on at least one study conducted in 
accordance with established scientific principles that acute or chronic 
health effects may occur in exposed employees....Appendix B of the HCS 
describes the criteria to be used to determine whether or not a chemical is 
to be considered hazardous for purposes of this standard." Furthermore, the 
HCS provides no exemption for materials that do not meet the EPA definition 
of a hazardous waste.

Therefore, if the sludge material meets the definition of a physical or 
health hazard as defined in the HCS, then the HCS applies. OSHA has no way 
of knowing whether the material (sludge) meets this definition. Rather, it 
is the chemical manufacturers' or importers' responsibility to make this 
determination and assess whether there is exposure, or potential exposure, 
to workers.

Under the HCS, a chemical manufacturer is defined as an "employer with a 
workplace where chemical(s) are produced for use or distribution." As the 
recipient of the sludge, you should ask the supplier for a material safety 
data sheet (MSDS) for the chemical product (sludge) that they have 
"produced" and sent (distributed) to you. Your supplier is required to 
conduct a hazard determination of the materials they are producing and 
communicate that information on the MSDS for the material. Suppliers are 
also required to label the containers of the distributed materials.

Section (q) of HAZWOPER covers emergency response operations for releases 
of, or substantial threats of releases of, hazardous substances without 
regard to the location. The intent of section (q) of HAZWOPER is to protect 
employees from exposure to the health and physical hazards of hazardous 
substances associated with emergency response activities.

The definition of "hazardous substance" under Section (a)(3) of HAZWOPER 
encompasses those substances defined as hazardous by the EPA and the U.S. 
Department of Transportation, and includes four distinct categories (see 
1910.120(a)(3)(A-D)). Only one of these categories specifically refers to 
"hazardous waste." Therefore, the term hazardous substance covers a broad 
range of materials including, but not limited to, hazardous waste.

We hope you find this information helpful. OSHA requirements are set by 
statute, standards, and regulations. Our interpretation letters explain 
these requirements and how they apply to particular circumstances, but they 
cannot create additional employer obligations. This letter constitutes 
OSHA's interpretation of the requirements discussed. Note that our 
enforcement guidance may be affected by changes to OSHA rules. Also, from 
time to time we update our guidance in response to new information. To keep 
apprised of such developments, you can consult OSHA's website at 
http://www.osha.gov. If you have any further questions, please feel free to 
contact the Office of Health Enforcement at (202) 693-2190.

Sincerely,



Richard E. Fairfax, Director
Directorate of Enforcement Programs