Sec. 126. WORKER PROTECTION STANDARDS
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## SEC. 126 WORKER PROTECTION STANDARDS **[**[29 U.S.C. 655 note](/us/usc/t29/s655)**]** ###
(a)Promulgation Within one year after the date of the enactment of this section, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970, promulgate standards for the health and safety protection of employees engaged in hazardous waste operations. ###
(b)Proposed Standards The Secretary of Labor shall issue proposed regulations on such standards which shall include, but need not be limited to, the following worker protection provisions: ####
(1)Site analysis Requirements for a formal hazard analysis of the site and development of a site specific plan for worker protection. ####
(2)Training Requirements for contractors to provide initial and routine training of workers before such workers are permitted to engage in hazardous waste operations which would expose them to toxic substances. ####
(3)Medical surveillance A program of regular medical examination, monitoring, and surveillance of workers engaged in hazardous waste operations which would expose them to toxic substances. ####
(4)Protective equipment Requirements for appropriate personal protective equipment, clothing, and respirators for work in hazardous waste operations. ####
(5)Engineering controls Requirements for engineering controls concerning the use of equipment and exposure of workers engaged in hazardous waste operations. ####
(6)Maximum exposure limits Requirements for maximum exposure limitations for workers engaged in hazardous waste operations, including necessary monitoring and assessment procedures. ####
(7)Informational program A program to inform workers engaged in hazardous waste operations of the nature and degree of toxic exposure likely as a result of such hazardous waste operations. ####
(8)Handling Requirements for the handling, transporting, labeling, and disposing of hazardous wastes. ####
(9)New technology program A program for the introduction of new equipment or technologies that will maintain worker protections. ####
(10)Decontamination procedures Procedures for decontamination. ####
(11)Emergency response Requirements for emergency response and protection of workers engaged in hazardous waste operations. ###
(c)Final Regulations Final regulations under subsection
(a)shall take effect one year after the date they are promulgated. In promulgating final regulations on standards under subsection (a), the Secretary of Labor shall include each of the provisions listed in paragraphs
(1)through
(11)of subsection
(b)unless the Secretary determines that the evidence in the public record considered as a whole does not support inclusion of any such provision. ###
(d)Specific Training Standards ####
(1)Offsite instruction; field experience Standards promulgated under subsection
(a)shall include training standards requiring that general site workers (such as equipment operators, general laborers, and other supervised personnel) engaged in hazardous substance removal or other activities which expose or potentially expose such workers to hazardous substances receive a minimum of 40 hours of initial instruction off the site, and a minimum of three days of actual field experience under the direct supervision of a trained, experienced supervisor, at the time of assignment. The requirements of the preceding sentence shall not apply to any general site worker who has received the equivalent of such training. Workers who may be exposed to unique or special hazards shall be provided additional training. ####
(2)Training of supervisors Standards promulgated under subsection
(a)shall include training standards requiring that onsite managers and supervisors directly responsible for the hazardous waste operations (such as foremen) receive the same training as general site workers set forth in paragraph
(1)of this subsection and at least eight additional hours of specialized training on managing hazardous waste operations. The requirements of the preceding sentence shall not apply to any person who has received the equivalent of such training. ####
(3)Certification; enforcement Such training standards shall contain provisions for certifying that general site workers, onsite managers, and supervisors have received the specified training and shall prohibit any individual who has not received the specified training from engaging in hazardous waste operations covered by the standard. The certification procedures shall be no less comprehensive than those adopted by the Environmental Protection Agency in its Model Accreditation Plan for Asbestos Abatement Training as required under the Asbestos Hazard Emergency Response Act of 1986. ####
(4)Training of emergency response personnel Such training standards shall set forth requirements for the training of workers who are responsible for responding to hazardous emergency situations who may be exposed to toxic substances in carrying out their responsibilities. ###
(e)Interim Regulations The Secretary of labor shall issue interim final regulations under this section within 60 days after the enactment of this section which shall provide no less protection under this section for workers employed by contractors and emergency response workers than the protections contained in the Environmental Protection Agency Manual
(1981)“Health and Safety Requirements for Employees Engaged in Field Activities” and existing standards under the Occupational Safety and Health Act of 1970 found in subpart C of part 1926 of title 29 of the Code of Federal Regulations. Such interim final regulations shall take effect upon issuance and shall apply until final regulations become effective under subsection (c). ###
(f)Coverage of Certain State and Local Employees Not later than 90 days after the promulgation of final regulations under subsection (a), the Administrator shall promulgate standards identical to those promulgated by the Secretary of Labor under subsection (a). Standards promulgated under this subsection shall apply to employees of State and local governments in each State which does not have in effect an approved State plan under section 18 of the Occupational Safety and Health Act of 1970 providing for standards for the health and safety protection of employees engaged in hazardous waste operations. ###
(g)Grant Program ####
(1)Grant purposes Grants for the training and education of workers who are or may be engaged in activities related to hazardous waste removal or containment or emergency response may be made under this subsection. ####
(2)Administration Grants under this subsection shall be administered by the National Institute of Environmental Health Sciences. ####
(3)Grant recipients Grants shall be awarded to nonprofit organizations which demonstrate experience in implementing and operating worker health and safety training and education programs and demonstrate the ability to reach and involve in training programs target populations of workers who are or will be engaged in hazardous waste removal or containment or emergency response operations. * * * * * * * # TITLE II MISCELLANEOUS PROVISIONS * * * * * * *
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Sec. 126
WORKER PROTECTION STANDARDS
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