September 22, 2003

MEMORANDUM									

TO:		Kristina Meson						

FROM:	Earl Harris, Maribelle Rodríguez, and Steven Tom

SUBJECT:	Revised Draft Comparative Analysis of the OSHA Laboratory
Standard and the RCRA Hazardous Waste Generator Regulations; 

Task 3, Work Assignment Number 1-19, Contract Number 68-W-02-006

This memorandum presents ICF’s comparative analysis of the OSHA
Laboratory Standard at 29 CFR 1910.1450 and the RCRA hazardous waste
generator regulations at 40 CFR part 262 as they pertain to
laboratories.  The memorandum is organized into the following sections: 
 

Section 1 presents an overview of regulatory programs applicable to
laboratories.  

Section 2 presents an overview of the OSHA Lab Standard.  

Section 3 discusses the applicability of the Lab Standard and RCRA
generator requirements to laboratories.  

Section 4 examines the potential overlap between the Lab Standard and
RCRA generator requirements.

Section 5 discusses enforcement capabilities and difficulties of  the
OSHA Lab Standard.

Section 6 summarizes the findings of the comparative analysis.

In reviewing our analysis, it is important to keep in mind the
differences between the two regulatory programs.  For example, the goal
of the OSHA Laboratory Standard is to protect employees from workplace
safety and health hazards.  The goal of the RCRA generator regulations
is to protect human health and the environment from the threats of
hazardous waste.  Hence, these two programs differ in scope and
objectives and any discussion of a regulatory “gap” or “overlap”
should be interpreted in this context.    



Please do not hesitate to contact Earl Harris at (703) 934-3769 or
Maribelle Rodríguez at (703) 218-2508 with questions or comments.

1.	Overview of Federal Regulatory Programs Applicable to Laboratories

Laboratories may be subject to a number of Federal regulatory programs,
depending on the types of activities performed, materials handled, and
impacts to human health and the environment.  Examples of EPA programs
include:

Subtitle C of the Resource Conservation and Recovery Act, as amended
(RCRA).  Laboratories that generate, transport, treat, store, or dispose
of hazardous waste are subject to RCRA, as specified.  In particular,
laboratories generating more than 100 kilograms of hazardous waste in a
calendar month are subject to the hazardous waste generator standards at
40 CFR part 262. 

Clean Air Act (CAA).  Laboratories may be subject to regulation under
the CAA for fugitive emissions (e.g., solvents, volatile organics, or
emissions from other chemicals that evaporate from their work areas). 
In addition, some laboratories also may be subject to a Title V
operating permit if they are located in facilities that qualify as major
sources. 

Clean Water Act (CWA).  Laboratories that discharge to public treatment
works may need to treat their effluent before discharging it (e.g.,
flammable or explosive pollutants, solids and viscous pollutants that
may cause an obstruction of flow).  Laboratories that discharge to
surface water may be required to obtain a National Pollutant Discharge
Elimination System (NPDES) permit.

Toxic Substances Control Act (TSCA).  Laboratories who import
TSCA-covered chemicals must comply with import certification
requirements and may be subject to export notification requirements if
exporting TSCA chemicals.  In addition, laboratories may be using
polychlorinated byphenils (PCB)-containing equipment (e.g.,
transformers) and PCB-containing materials that must be labeled, stored,
and disposed of in accordance with TSCA.

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  In support
of pesticide registration requirements, manufacturers may require labs
to conduct analysis on pesticides ranging from product chemistry and
performance to environmental fate and transport.  Labs testing
pesticides are subject to FIFRA Good Laboratory Practice Standards at 40
CFR part 160. 



Emergency Response and Community Right-to-Know Act (EPCRA). 
Laboratories required to have material safety data sheets (MSDSs) for
hazardous chemicals under OSHA regulations may be required to submit
copies of their MSDSs and an annual inventory report of these chemicals
to the State Emergency Response Commission (SERC), the Local Emergency
Planning Committee (LEPC), and the local fire department.  In addition,
they must report accidental releases of these chemicals to emergency
planning authorities.  Laboratories also may be subject to Toxic Release
Inventory (TRI) reporting. 

Other Federal agencies implementing regulatory programs that may apply
to laboratories include:

OSHA.  Laboratories may be subject to a number of different OSHA
regulations, including:  

-	“Laboratory Standard” at 29 CFR 1910.1450.

-	“Recording and Reporting Occupational Injuries and Illnesses” at
29 CFR part 1904.

-	“Personal Protective Equipment” at 29 CFR part 1910, subpart I.

-	“Access to Employee Exposure and Medical Records” at 29 CFR
1910.1020.

-	“Hazard Communication” at 29 CFR 1910.1200.  The basic goal of the
Hazard Communication Standard is to ensure that employers and employees
know about health and physical hazards posed by chemicals at the
workplace.  The standard applies to all employers with hazardous
chemicals at their workplace, except as otherwise specified.  This has
important implications for employees and activities associated with a
lab. For example, in some instances, a lab worker might be covered by
both the Hazard Communication Standard and the Lab Standard.  The Hazard
Communication Standard would apply while outside the laboratory (e.g.,
transferring a hazardous chemical to another lab).  The Lab Standard
would apply while inside the laboratory.  In addition, some laboratories
(e.g., production laboratories) are subject to the Hazard Communication
Standard, not the Lab Standard. 

-	“Hazardous Waste Operations and Emergency Response” (HAZWOPER) at
29 CFR 1910.120.  The HAZWOPER Standard applies to employees who are
exposed or potentially exposed to hazardous substances, including
hazardous waste, and who are engaged, among other things, in operations
involving the storage of hazardous waste.  Laboratories that generate
and accumulate hazardous waste in the laboratory may be subject to the
emergency response program requirement at 29 CFR 1910.120(p)(8).

U.S. Nuclear Regulatory Commission (NRC).  Laboratories using gas
chromatographs, which contain 63Nickel, may be subject to NRC licensing.
 Laboratories using radiation-producing devices (e.g., X-ray equipment,
electron microscopes) also may be subject to NRC regulations.

U.S. Department of Health and Human Services (DHHS).  DHHS regulates the
handling and disposal of human pathogens used in laboratories.  DHHS
also is responsible for regulating the possession, use, and transfer of
select biological agents and toxins (i.e., select agents) that could
pose a threat to public health and safety.

U.S. Department of Agriculture (USDA).  USDA restricts the handling and
disposal of animal pathogens.  USDA also is responsible for regulating
the possession, use, and transfer of select agents that could pose a
threat to animal and plant health.

U.S. Department of Transportation (DOT).  DOT regulates activities
associated with the transportation of hazardous materials.  For example,
DOT regulates the transport of lab packs, a type of container used to
ship laboratory waste to treatment or disposal facilities.

2.	Overview of OSHA Laboratory Standard

OSHA promulgated the Laboratory Standard after recognizing that
laboratories typically differ from industrial operations in the use and
handling of hazardous chemicals and that a different approach than that
found in OSHA’s General Industry Standards was warranted to protect
workers.  The Lab Standard applies to employers engaged in the
“laboratory use of hazardous chemicals” as defined at 29 CFR
1910.1450(b).  Put another way, the standard defines a “laboratory”
as any facility that meets the definition of “laboratory use of
hazardous chemicals.”  OSHA further clarifies that a “lab” is a
workplace where relatively small quantities of hazardous chemicals are
used on a non-production basis (e.g., a room in which chemical
manipulation and/or experimentation occurs).  

If a facility does not satisfy the definition of “laboratory use of
hazardous chemicals,” it is not considered a “laboratory” under
the standard and is not covered by it.  Laboratories not meeting the
definition of “laboratory use of hazardous chemicals” are covered
under the Hazard Communication Standard at 29 CFR 1910.1200. 

Employees are covered by the Lab Standard if they may be exposed to
hazardous chemicals in a laboratory in the course of their assignments. 
Refer to Section 3 of this memorandum for a fuller discussion of the
applicability criteria of the Lab Standard.  

The Lab Standard lays out a number of performance-based requirements
applicable to laboratories.  These are shown in Exhibit 1.  Laboratories
covered by the standard must maintain employee exposures at or below the
permissible exposure limits (PELs) specified in 29 CFR part 1910,
subpart Z.  They also must develop and implement a Chemical Hygiene Plan
(CHP).  The CHP must include the necessary work practices, procedures,
and policies to ensure that employees are protected from all potentially
hazardous chemicals in use in their work area.  It is used to implement
the requirements under the standard.  Laboratories must comply with
inspection, employee information and training, medical consultation and
examinations, hazard identification, respirator use, and recordkeeping
requirements.  Refer to Section 4 of this memorandum for a fuller
description of these requirements.  

In addition, the Lab Standard lays out recommended practices that
laboratories may use in developing their CHPs.  Laboratories incorporate
recommendations into their CHP at their discretion.  The recommendations
cover aspects of laboratory operations such as general rules for working
with laboratory chemicals, proper housekeeping, and waste disposal. 
Once a recommendation is incorporated into the CHP, it is expected that
the laboratory will follow it.  If an OSHA compliance inspector
performing an inspection finds that a recommendation is not being
followed, the laboratory may face enforcement action.  It appears that
OSHA’s authority to enforce the recommendation may derive from the
mandatory elements of the standard, rather than the voluntary inclusion
of a recommended practice.  For example, if a laboratory’s CHP
contains a recommended provision for proper housekeeping and an OSHA
compliance inspector finds that an employee’s work area is unclean and
cluttered with chemicals and equipment, the laboratory may be cited
under the training requirement at 29 CFR 1910.1450(f) for not providing
proper training on housekeeping.  In addition, a compliance inspector
may indicate the need for the CHP to be revised to include additional
provisions.

Exhibit 1

Elements of the OSHA Laboratory Standard

Elements of the OSHA Laboratory Standard	

Regulatory Citation at 29 CFR



Mandatory Requirements



Monitoring of employees’ chemical exposure		

1910.1450(c) and (d)



Chemical Hygiene Plan	

1910.1450(e)



-	Standard operating procedures	

1910.1450(e)(3)(i)



-	Measures to reduce employee exposure to hazardous chemicals	

1910.1450(e)(3)(ii) and (i)



-	Inspection	

1910.1450(e)(3)(iii)



-	Information sharing with employees	

1910.1450(e)(3)(iv) and 1910.1450(f)



-	Training	

1910.1450(e)(3)(iv) and 1910.1450(f)



-	Medical consultation and examinations	

1910.1450(e)(3)(vi) and 1910.1450(g)



-	Other CHP elements	

1910.1450(e)(3)(v), (vii), (viii)



Labeling		

1910.1450(h)(1)(i)



Hazard identification	

1910.1450(h)(2)



Recordkeeping	

1910.1450(e), (h)(1)(ii), and (j)



Recommended Practices for Inclusion in the CHP (Not Mandatory) a



Procedures/methods to assure that minimal harm to people, other
organisms, and the environment will result from the disposal of waste
laboratory chemicals.	

1910.1450, Appendix A



Procedures on how waste is to be collected, segregated, stored, and
transported and consideration of what materials can be incinerated. 
Transportation must be in accordance with DOT regulations.	

1910.1450, Appendix A



Procedures for the prompt disposal of unlabeled containers.	

1910.1450, Appendix A



Frequency of disposal, e.g., procedures for weekly removal of waste from
laboratories to a central consolidation area; and prompt removal from
the central area.	

1910.1450, Appendix A



Method of disposal, e.g., recommendation for using incineration as an
environmentally acceptable manner of disposal for combustible laboratory
waste; and recycling or chemical decontamination as a preferred method
of disposal.	

1910.1450, Appendix A

a  “Recommended Practices” in this table includes examples of
recommendations on proper waste disposal.

3.	Applicability of the OSHA Laboratory Standard and the RCRA Generator
Regulations to Laboratories 

In this section, we compare the applicability criteria of the Lab
Standard and the RCRA generator regulations to laboratories.  The
purpose of the comparison is to identify the extent to which the Lab
Standard and the RCRA generator regulations apply to the same universe
of laboratories.

To determine whether a laboratory is subject to the OSHA Lab Standard,
it is necessary to refer to at least two sets of applicability criteria.
 The Occupational Safety and Health Act of 1970 (the “OSH Act”)
defines the general applicability criteria that determine whether an
employer is subject to OSHA’s regulatory jurisdiction.  If an employer
is in fact subject to OSHA’s regulatory jurisdiction, the next
question is whether it is subject to the Lab Standard.  

Section 3.1 describes the general applicability criteria of the OSH Act.
 Section 3.2 describes the applicability criteria of the Lab Standard to
laboratories.  Section 3.3 compares the applicability criteria of the
Lab Standard and RCRA generator regulations to laboratories.  Section
3.4 describes the applicability of the OSHA Laboratory Standard to the
primary types of personnel associated with laboratory operations.

3.1	General Applicability Criteria of the OSH Act

The OSH Act establishes a Federal program to protect employees against
workplace safety and health hazards.  It also created OSHA, an agency of
the U.S. Department of Labor whose sole responsibility is worker safety
and health protection.  As shown in Exhibit 2, there are a number of
questions that need to be asked to determine whether an employer is
subject to OSHA’s regulatory jurisdiction:

Are you an employer in the private or public sector?  OSHA has
regulatory jurisdiction over private sector employers, except in limited
circumstances.  OSHA has limited jurisdiction over employers in the
public sector.  

Are you a Federal or State/local employer?  

-	Federal employers.  OSHA has regulatory jurisdiction over Federal
employers and employees, except for the military, pursuant to Executive
Order 12196 (February 26, 1980).  The Department of Defense is
responsible for prescribing and enforcing standards affecting the
working conditions of military personnel. 

-	State/local government employers.  State and local government workers
are excluded from Federal coverage under the OSH Act.  However, States
operating their own State workplace safety and health programs under
plans approved by OSHA are required to extend their coverage to public
sector (State and local government) workers in the State.  There are
currently 26 States with OSHA-approved programs. 

Exhibit 2

Who is Subject to OSHA’s Regulatory Jurisdiction? a

	

a  Includes Federal OSHA and States with approved plans.

b  Includes a few exceptions (e.g., the self-employed are not regulated
by OSHA).

c  Note that the OSHA standards do not apply to the working conditions
of employees if these working conditions are 

covered under occupational safety and health standards of other Federal
agencies.

Based on the above discussion, Exhibit 3 identifies employers that are
and are not subject to OSHA’s regulatory jurisdiction.

Exhibit 3

Employers Subject to OSHA’s Regulatory Jurisdiction a

Sector	

Subject to OSHA’s Regulatory Jurisdiction?



Private b	

In



Public b 	

Military	

Out

	

Federal, non-military		

In

	

State/local government employers in States with OSHA-approved plans	

In

	

State/local government employers in States without OSHA-approved plans	

Out

a  Includes Federal OSHA and States with approved plans.

b  There are exceptions.  For example, the OSHA standards do not apply
to the working 

conditions of employees if these working conditions are covered under
occupational safety 

and health standards of other Federal agencies.

3.2	Applicability Criteria of the OSHA Laboratory Standard to
Laboratories

As shown in Exhibit 4, there are certain criteria that need to be met to
be covered under the Lab Standard:

The employer must be subject to OSHA’s regulatory jurisdiction (as
described above); and

The employer must meet the definition of “laboratory use of hazardous
chemicals” as defined at 29 CFR 1910.1450(b).  Specifically, the
employer must meet the following criteria:

-	Chemical manipulations are carried out on a “laboratory scale.” 
As defined in the standard, the term “laboratory scale” means work
with substances in which the containers used for reactions, transfers,
and other handling of substances are designed to be easily and safely
manipulated by one person.  It excludes those workplaces whose function
is to produce commercial quantities of materials;

-	Multiple chemical procedures or chemicals are used; and

-	The procedures involved are not part of a production process, nor in
any way simulate a production process.  The term “production” means
an operation where a product is produced (e.g., refineries,
utility-generating companies, manufacturing plants).  OSHA has
indicated, for example, that most quality control laboratories are not
expected to meet the “lab use” definition.  OSHA reasoned that
quality control laboratories are usually adjuncts of production
operations which typically perform repetitive procedures for the purpose
of assuring reliability of a product or a process.  As another example,
OSHA indicated that pilot plant operations are typically closely
connected with production processes.  Such operations would fall outside
the scope of the standard because they fail to meet the “lab use”
definition which precludes laboratory operations that are part of a
production process or in any way simulate a production process.  OSHA
noted, however, that there could be exceptions wherein both quality
control or pilot scale labs do, in fact, qualify for the Lab Standard
(e.g., in cases where their operations are solely dedicated to research
unconnected to production).

Exhibit 4 presents a simple flow diagram to identify who is subject to
the OSHA Laboratory Standard.

Exhibit 4

Who is Subject to the OSHA Laboratory Standard?

	

Based on the above discussion and flow diagram, the following
observations can be reached:

Laboratories meeting the definition of “lab use of hazardous
chemicals,” as defined at 29 CFR 1910.1450(b), qualify as a
“laboratory” under the Lab Standard and are covered by it.  
Examples of these labs include:

-	Laboratories which monitor for environmental compliance (e.g., air
emissions, waste water quality) from a manufacturing or other process. 

-	Research labs that otherwise meet the “lab use” definition. 

-	Bench-scale operations that look at substitutes for processes.  Note
that OSHA has pointed out that, in most cases, these operations are
considered research and not quality control related to production;
therefore, they are within the scope of coverage of the Laboratory
Standard if all of the criteria for coverage are met. 

Laboratories that do not meet the definition of “lab use of hazardous
chemicals,” as defined at 29 CFR 1910.1450(b), do not qualify as a
“laboratory” under the Lab Standard and are thus not covered by it. 
Examples of laboratories that do not meet the “lab use” definition 
include:



-	Laboratories involved in the production of a chemical for commercial
use.

-	Laboratories that use various hazardous chemicals to perform routine,
standardized tests which monitor and support production processes (e.g.,
metal analyses on steel and cast iron samples or concentration
measurements of coolants for machining).

-	Because they are producing a product (i.e., electricity), an
electrical power generation facility’s water treatment laboratories
that conduct quality assurance monitoring used for process control
information. 

-	Small medical labs that solely draw blood, so long as the labs are
just drawing blood and are not performing other activities, since
biological hazards are not within the scope of 29 CFR 1910.1450. 

-	Labs that use toxic materials just for calibration.  If the
calibration is performed for the purpose of quality control of
production processes, then the labs are not within the scope of
coverage.

3.3	Applicability of the OSHA Laboratory Standard and the RCRA Generator
Regulations to Laboratories

Sections 3.1 and 3.2 lay out the criteria for determining whether an
employer is covered under the OSHA Lab Standard.  This involves
basically a two-step process of first determining if it is subject to
OSHA jurisdiction and then whether it is subject to the OSHA Lab
Standard in particular.  As described in Section 3.1, OSHA’s
regulatory jurisdiction extends to private sector organizations with few
exceptions, but it exercises limited jurisdiction over certain Federal
(e.g., military entities) and State/local organizations as specified. 
Further, Section 3.2 indicates that employers subject to OSHA regulatory
jurisdiction that meet the definition of “lab use” are considered
“labs” for purposes of the OSHA standard and are thus covered by it.
 Labs that do not meet the “lab use” definition (e.g., labs involved
in quality control of a production process) are not covered by the
Laboratory Standard.  These laboratories are covered under the Hazard
Communication Standard at 29 CFR 1910.1200. 

Under the RCRA program, EPA’s and authorized States’ regulatory
jurisdiction extends to potentially any organization (e.g., government,
business, not-for-profit institution) that generates, transports,
treats, stores, or disposes of hazardous waste as defined at 40 CFR
261.3, regardless of sector.  Further, any laboratory that generates
such hazardous waste in quantities exceeding EPA’s quantity generation
thresholds is subject to regulation as a hazardous waste generator under
40 CFR part 262.  40 CFR 261.5 and 262.34 lay out the quantity
thresholds that determine whether an entity qualifies as a conditionally
exempt small quantity generator (CESQG), small quantity generator (SQG),
or large quantity generator (LQG) for purposes of part 262 regulation. 
In general, a laboratory in the public or private sector that generates
hazardous waste in a quantity exceeding 100 kilograms in a calendar
month is subject to the generator standards of part 262.

In view of the above discussion, it can be concluded that the OSHA Lab
Standard and RCRA generator standards apply to a number of the same
types of laboratories.  However, their coverage is not identical. 
Exhibit 5 summarizes and contrasts the coverage of the two programs in
regard to labs.  Specifically, it indicates whether a lab would be
subject to the OSHA Lab Standard, RCRA generator standards, both, or
neither, based on (1) its sector; (2) whether it meets the definition of
“lab use” under the standard; and (3) whether it is a non-generator
or a CESQG, SQG, or LQG as defined by RCRA.  Following are examples of
what the exhibit indicates:

A laboratory in the private sector that meets the definition of “lab
use” (e.g., a lab using OSHA hazardous chemicals that is involved
solely in environmental compliance testing) and qualifies as a SQG or
LQG is regulated under both sets of regulations.  

A laboratory operated by only military personnel is not subject to the
OSHA Lab Standard, but is subject to RCRA if it qualifies as a SQG or
LQG.  

A laboratory that is part of a State government with an OSHA-approved
Plan, meets the “lab use” definition, and qualifies as a SQG or LQG
is subject to both sets of regulations.

A laboratory that does not meet the definition of “lab use” (e.g., a
lab that performs quality control as part of a production process) is
not subject to the OSHA Lab Standard under any circumstances, but would
be subject to RCRA if it qualifies as a SQG or LQG.

A laboratory in a State-owned university in a State without an
OSHA-approved plan is not subject to OSHA’s regulatory jurisdiction,
but is subject to RCRA if it qualifies as a SQG or LQG.

. 

Exhibit 5

Applicability of the OSHA Laboratory Standard and the RCRA Generator
Regulations to Laboratories

Sector	

Meets “Lab Use” Definition	

Does Not Meet “Lab Use” Definition

	

Non-Generator	

CESQG	

SQG	

LQG	

Non-Generator	

CESQG	

SQG	

LQG



Private a 	

Lab Standard	

Lab Standard	

Both	

Both   	

Neither	

Neither	

RCRA

Generator Regulations	

RCRA

Generator Regulations



Public a	

Military	

Neither	

Neither	

RCRA

Generator Regulations	

RCRA

Generator Regulations	

Neither	

Neither	

RCRA

Generator Regulations	

RCRA

Generator Regulations

	

Federal, non-military	

Lab Standard	

Lab Standard	

Both	

Both	

Neither	

Neither	

RCRA

Generator Regulations	

RCRA

Generator Regulations

	

State/local government employers in States with OSHA-approved plans	

Lab Standard	

Lab Standard	

Both	

Both 	

Neither	

Neither	

RCRA

Generator Regulations	

RCRA

Generator Regulations

	

State/local government employers in States without OSHA-approved plans	

Neither	

Neither	

RCRA

Generator Regulations	

RCRA

Generator Regulations	

Neither	

Neither	

RCRA

Generator Regulations	

RCRA

Generator Regulations

a  There are exceptions.  For example, the OSHA standards do not apply
to the working conditions of employees if these working conditions are
covered under occupational safety and health standards of other Federal
agencies.

3.4	Applicability of the OSHA Laboratory Standard to Personnel in a
Laboratory

Based on our review of the OSH Act, OSHA regulations, the preamble to
the Lab Standard Final Rule (55 FR 3300; January 31, 1990), and
interpretative memoranda, as well as conversations with OSHA enforcement
staff, we have identified examples of personnel who are potentially
subject to the Lab Standard.  Exhibit 6 identifies these personnel and
whether each would be covered under the Lab Standard.

Note that OSHA has clarified that, under the Lab Standard, an
“employee” is an individual employed in a laboratory workplace who
may be exposed to hazardous chemicals in the course of his or her
assignments.  Such individuals may actually work in the lab or because
of their work assignments may be required to enter a laboratory where
potential exposures may occur.  In the latter category, OSHA considers
maintenance and custodial personnel as meeting the definition of
employee.  The definition of employee would not include occasional
visitors to the laboratory such as guests or sales personnel. 

Exhibit 6

Types of Personnel Covered under the OSHA Laboratory Standard a

Type of Personnel	

Who Is Covered under the Lab Standard?	

Comment



Lab worker	

(	

Employees who may be exposed to hazardous chemicals in a laboratory in
the course of their work assignments are covered under the Lab Standard



Contracted lab workers	

(	

Contracted individuals who may be exposed to hazardous chemicals in a
laboratory in the course of their work assignments are covered under the
Lab Standard.  The individual’s employer is responsible for complying
with the standard for his employees



Paid students working in a lab	

(	

If the student is an employee who may be exposed to hazardous chemicals
in a laboratory in the course of his work assignments, he is covered
under the Lab Standard



Unpaid students working in a lab	

	

Unpaid students are not considered “employees” and hence are not
covered under OSHA’s jurisdiction



Office staff	

	Depends.  See Comment	

If the staff are employees who may be exposed to hazardous chemicals in
a laboratory in the course of his work assignments, they are covered
under the Lab Standard



Waste management staff	

Depends.  See Comment	

If the staff are employees who may be exposed to hazardous chemicals in
a laboratory in the course of their work assignments, they are covered
under the Lab Standard

a  Assumes the laboratory meets the definition of “laboratory use of
hazardous chemicals” at 29 CFR 1910.1450(b).

4.	Overlap Between the OSHA Laboratory Standard and the RCRA Hazardous
Waste Generator Regulations

In this section, we examine potential overlap and conflicts between the
OSHA Laboratory Standard and the RCRA generator regulations.  In
developing the analysis, we first identified the basic activities
associated with the use and management of laboratory chemicals and
waste, the location of these activities, and the employees potentially
conducting them.  We then identified the OSHA Lab Standard and RCRA
requirements that apply to each activity and employee.  We then
summarized this information in Exhibit 7.  The exhibit is helpful in
identifying the potential for conflict or overlap between the two sets
of regulations.  Note that the Laboratory Standard sets forth
performance-based requirements that employers must meet, whereas the
RCRA generator regulations are prescriptive.  Hence, it is difficult to
conclude whether conflict or duplication exists between the two sets of
regulations. 

Exhibit 7 shows the basic sequence of activities involved in the use and
management of laboratory chemicals and waste.  First, the lab employee
(e.g., chemical researcher) uses hazardous chemicals in the lab (e.g.,
chemical manipulations in a room) (Activity 1).  Once the lab employee
finishes his chemical procedures, he determines the spent chemicals are
hazardous waste.  He then conducts satellite accumulation in the lab
(Activity 2).  Following this, the lab worker or a waste management
staff person picks up the waste from the lab and delivers it to the
90/180-day accumulation area (Activity 3).  Finally, the waste is
accumulated in the 90/180-day accumulation area, in accordance with RCRA
(40 CFR 262.34(a) or (d)), until shipment off site (Activity 4).

Exhibit 7

Activities Involved in the Use and Management of Laboratory Chemicals
and Waste

	

Employee Activities and Requirements	

Applicable Regulations







  Pesticides are regulated under FIFRA until they are disposed, after
which they are regulated under RCRA.

  Laboratories subject to the Lab Standard are also potentially subject
to other OSHA regulations, such as those at 29 CFR parts 1904 and 1910.

  55 FR 3315; January 31, 1990.

  Based on a conversation with Amber Hogan of OSHA’s Enforcement
Program on February 6, 2003.

  Throughout this memorandum, the term “OSHA regulatory
jurisdiction” refers to the authority of OSHA and States with
OSHA-approved Plans to administer the OSH Act and regulations.  Note
that certain entities (e.g., military) do not follow the OSHA
regulations at 29 CFR; rather, they follow and enforce their own worker
health and safety standards.  Hence, they are outside the scope of our
analysis.

  Note that, pursuant to 29 CFR 1910.5, the OSHA standards do not apply
to the working conditions of employees if these working conditions are
covered under occupational safety and health standards of other Federal
agencies.

  The 26 States with OSHA-approved programs include:  Alaska, Arizona,
California, Connecticut, Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, New
York, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont,
Virgin Islands, Virginia, Washington, and Wyoming.

  As defined at 29 CFR 1910.1450(b), “hazardous chemicals” are those
chemicals that present health threats to workers.

  29 CFR 1910.1450(b) sets forth four criteria for defining
“laboratory use of hazardous chemicals.”  Amber Hogan of OSHA’s
Enforcement Program indicated that one of the criteria (i.e., the
requirement for protective equipment) does not serve as a condition for
qualifying for “lab use.”  Hence, this requirement is not reflected
in our list of criteria or in Exhibit 4.

  55 FR 3311-3312; January 31, 1990.

  Lab Standard Interpretations and Compliance Letters can be found at: 
http://www.osha.gov/SLTC/laboratories/index.html.

  Based on conversations with Amber Hogan of OSHA’s Enforcement
Program on January 27, 2003 and February 6, 2003.

  55 FR 3315; January 31, 1990.

  Other sequences and activities can occur besides the one shown. 
However, we believe it serves as a useful model for purposes of
discussion.

((((( PAGE  21 

Exhibit 6 (continued)

Types of Personnel Covered under the OSHA Laboratory Standard a

