OSHA provides strict guidelines for the disposal of hazardous waste in line with keeping employees safe. The EPA and Cal EPA are largely responsible for providing guidelines for hazardous waste disposal on Federal and State levels, respectively. However, Cal OSHA is in charge of regulations and guidelines on how to promote worker safety and health in the context of hazardous waste disposal.
In this article, we give a brief overview of all you need to know and the steps you can take to meet and surpass Cal OSHA guidelines regarding hazardous waste disposal. Lastly, we explain how our experts at CDMS can help you remain EHS- and OSHA-compliant regarding waste disposal guidelines. Read on to learn more.
What is Hazardous Waste?
Hazardous waste refers to waste that is potentially dangerous or harmful to either human health and the environment or both. This includes a wide category of substances. The following provides a list of the various forms that hazardous waste can take:
- Liquids
- Solids
- Contained gases
- The byproducts of manufacturing processes
- Used materials that have been discarded
- Unused materials that have been discarded
However, both Federal and State laws can become quite specific and detailed when it comes to defining and categorizing hazardous waste. Hazardous waste categories include the following:
- Acutely hazardous waste
- Extremely hazardous waste
- Hazardous waste
- Special waste
- Universal waste
Regardless of the category of the waste, there are strict guidelines as to how it should be disposed of or handled at disposal sites to ensure the health and safety of workers.
The Legal Definition of Hazardous Waste
In California, the criteria for determining whether or not waste is hazardous fall under either State law or Federal laws. Federal hazardous waste regulations are the purview of the EPA, and their details can be found in Title 40, Code of Federal Regulations, also known as 40 CFR.
These federal regulations are implemented under the power of the Resource Conservation and Recovery Act — also known as the RCRA. State laws in California regarding hazardous waste are outlined in the California Health & Safety Code (or HSC) — regulations for which are based on the California Code of Regulations (or CCR).
In particular, the section of the law dealing with waste disposal in California is called 22 CCR section 66261.3.
There is a wide variety of laws that govern how hazardous waste should be defined, classified, and tested. The table below shows the four characteristics of toxicity, the legislation that outlines it, and the testing method for it.
| Characteristic | Relevant Legislation | Testing Method |
| Ignitability | 22 CCR section 66261.22 | SW-846, 3rd Edition.
U.S. EPA Test Method 1010 U.S. EPA Test Method 1030 |
| Corrosivity | 22 CCR section 66261.22 | U.S. EPA Test Methods, SW-846 Methods: 9040 and 1110 |
| Reactivity | 22 CCR section 66261.23 | No available tests: Narrative criteria are used instead. |
| Toxicity | 22 CCR section 66261.24 | TCLP – U.S. EPA Test Method 1311
California Total Threshold Limit Concentration (TTLC) and Waste Extraction Test (WET): |
Characteristics of Hazardous Waste
Wastes may be hazardous wastes if they exhibit any of the four characteristics of a hazardous waste (ignitability, corrosivity, reactivity, and toxicity) as defined in 22 CCR sections 66261.21 through 66261.24.
These four characteristics are:
- Ignitability
These are wastes that can combust or create fires under specific conditions. They also refer to waste with a flash point lower than 60°C (140°F). A good example of this would be used solvents. EPA Test Methods to determine ignitability for these wastes can be found in SW-846, 3rd Edition.
- Corrosivity
In California, waste materials are described as corrosive if they are liquids and solids with strong acids or bases. They also include materials that produce solutions that are strongly acidic or alkaline. Aqueous wastes are corrosive when they have a pH less than or equal to 2.0, or greater than, or equal to 12.5.
- Reactivity
Reactive wastes are described as wastes that are unstable under normal conditions. They can lead to explosions or release toxic fumes when heated, compressed, or mixed with water. Lithium-sulfur batteries and unused explosives are both examples of these types of waste.
- Toxicity
Toxic wastes are defined as waste that is harmful or fatal when ingested or absorbed. Examples include mercury, lead, DDT, PCBs, and so on. Contamination from his type of waste often occurs when these wastes are disposed of, with their constituents leaching and polluting groundwater.
Key OSHA Guidelines for Hazardous Waste Disposal
OSHA provides guidelines and standards for industry in general, as well as for the construction industry in particular. Another important aspect of OSHA guidelines involves emergency preparedness and response. We will take a look at some of these aspects below.
For general industry and construction, this covers:
- Exit routes and emergency planning
- Hazardous materials
- Personal protective equipment
- General environmental controls
- Fire protection
- Toxic and hazardous substances
- Occupational health and environmental controls
The table below provides a roundup of these standards and the specific legislation governing them.
| Category | Legislation |
| Exit Routes and Emergency Planning | 1910.38, Emergency action plans |
| Hazardous Materials | 1910.120, Hazardous waste operations and emergency response. |
| Personal Protective Equipment | 1910.134, Respiratory protection. |
| General Environmental Controls | 1910.141, Sanitation. |
| Fire Protection | 1910.165, Employee alarm systems. |
| Toxic and Hazardous Substances | 1910.1200, Hazard Communication. |
In addition to this, understand the major components to ensure that your company follows OSHA Waste disposal guidelines.
Hazardous Waste Operations and Emergency Response
Emergencies resulting from the unexpected or uncontrolled release of hazardous waste can put worker’s health and safety at significant risk. These releases can result from either operation failures or unrelated outside events, such as natural disasters or acts of sabotage. Waste dumped in the environment also poses a risk to both workers and the environment.
As a result, employers should have in place adequate measures for emergency response. They should also ensure that cleanup workers clearly understand the roles they should play in managing unexpected releases of hazardous substances and act promptly to reduce the negative consequences of an emergency.
OSHA’s Hazardous Waste Operations and Emergency Response (HAZWOPER) standards provide employers with information and training guidelines designed to do the following:
- Workplace health and safety during hazardous waste
- Emergency response, and
- Cleanup operations of hazardous substances
The point of HAZWOPER is to prevent and minimize the risk of workers getting injured or becoming ill from exposure to hazardous substances.
Best Practices for OSHA Compliance and Safety
Remaining OSHA-compliant will help keep your employees safe, the environment safe, and your reputation as a business intact. More than that, it will help you avoid the costs associated with accidents that harm the health of your employees. Here is a list of practices to follow to ensure that you remain OSHA-compliant.
- Provide Visual Reminders of OSHA Information
Display the rules associated with OSHA’s safety programs so that employees can see them. This can take the form of posters and diagrams. Constant reminders of these regulations will encourage workers to be compliant.
- Provide Sufficient Training
Constantly training your workers regarding OSHA compliance means that there is a shared sense of responsibility. That would mean you remove some of that burden from your shoulders. Workers who are trained will feel empowered to participate.
- Use Independent Inspectors
OSHA periodically sends inspectors to your workplace to make sure that you are EHS-compliant. It would be best if you were over prepared for this event. To do so, you can make use of independent inspectors who can examine your workplace and let you know what violations are occurring and what changes you can make to avoid penalties.
Conclusion
Hazardous waste disposal poses severe risks to both the health of workers and the environment. OSHA provides clear guidelines for the definition and classification of hazardous waste. As an employer, you should make sure that you are aware of these definitions and classifications.
You should also implement a safety and health program that ensures the health and safety of your employees at all times. More importantly, your employees should be properly trained about the precautions and the protective measures and equipment that they should have in place to protect themselves and their colleagues from harm from hazardous waste.
Hazardous waste levels should frequently be monitored to make sure that you remain on top of any potential violations. OSHA rules and regulations associated with hazardous waste disposal can be quite complicated. It would be best to have experts in charge to ensure that everything is in order and that you are EHS-compliant.
Here at CDMS, we provide services in relation to hazardous waste reporting, hazardous waste determination, waste minimization, and more. We have the expertise, experience, and unique knowledge of state laws and regulations. Do you need assistance in dealing with hazardous waste disposal issues at your business? Get in touch with one of our experts for help — Contact us today!
