General Industry (29 CFR 1910)

Hazardous Waste Operations and Emergency Response (HAZWOPER)

Verified vs OSHA sources · 2026-09-30

29 CFR 1910.120

29 CFR 1910.120, HAZWOPER, protects workers in hazardous waste cleanup, at treatment, storage and disposal (TSD) facilities, and in emergency response to releases of hazardous substances. Construction work falls under its twin, 29 CFR 1926.65, which repeats it paragraph for paragraph and points to the construction standards instead. Both require a written safety and health program, training set by the job, medical surveillance and decontamination.

Verified against the eCFR (Title 29, current as of September 25, 2026), 1910.120 and 1926.65 compared paragraph by paragraph · September 30, 2026

29 CFR 1910.120 at a glance

Covered operations: Cleanup at uncontrolled hazardous waste sites and RCRA corrective actions, TSD facilities, and emergency response to releases ((a)(1))
Construction: 29 CFR 1926.65: the same requirements, with construction cross-references (1926.103, 1926.59, 1926.35, Subpart D)
Initial training: 40 hours off site plus 3 days of supervised field work; 24 hours plus 1 day for occasional or characterized-area workers ((e)(3))
Refresher: 8 hours every year ((e)(8))
Medical surveillance: Exposure at or above the limits 30 days or more a year, respirator use 30 days or more a year, HAZMAT team members, and others ((f)(2))
Federal construction citations, FY2025: 1926.65: 6, all under (q)(1), the emergency response plan; 1910.120: 0

What 29 CFR 1910.120 requires (plain English)

HAZWOPER covers five kinds of operations, listed in (a)(1): cleanup required by a government body at uncontrolled hazardous waste sites, corrective actions at sites covered by RCRA, voluntary cleanups at sites a government body recognizes as uncontrolled hazardous waste sites, operations with hazardous wastes at TSD facilities regulated under 40 CFR parts 264 and 265, and emergency response to releases, or substantial threats of releases, of hazardous substances wherever they happen. The cleanup operations comply with the whole section except (p) and (q); TSD facilities with (p); other emergency response with (q) ((a)(2)).

For cleanup work the anchor is a written safety and health program designed to identify, evaluate and control safety and health hazards and to provide for emergency response ((b)(1)(i)), carried to each site by a site safety and health plan that must be kept on site ((b)(4)). Training follows the job. General site workers get at least 40 hours of instruction off the site and three days of field experience under a trained supervisor; workers on site only occasionally for a limited task, and workers in areas monitored and fully characterized below the exposure limits, get at least 24 hours and one day ((e)(3)). Everyone gets eight hours of refresher training a year ((e)(8)). Emergency responders are trained to one of five levels, from first responder awareness to on-scene incident commander ((q)(6)).

Construction work has its own copy of the rule. 29 CFR 1926.65 repeats 1910.120 paragraph for paragraph; what changes is where it sends you. Respirators point to 1926.103 instead of 1910.134, medical records to 1926.33 instead of 1910.1020, the emergency action plan to 1926.35 instead of 1910.38, hazard communication to 1926.59, exposure limits to 1926.55 and Subpart D, PPE to Subpart E, fire extinguishers to Subpart F, showers and change rooms to 1926.51. The employee alarm system in (l)(3)(vi) and (p)(8)(iv)(E) carries no reference to 1910.165, and (q)(3)(iii) drops the sentence that sets 1910.156(e) as the minimum for PPE worn in fire fighting beyond the incipient stage.

The regulatory text

“Employers shall develop and implement a written safety and health program for their employees involved in hazardous waste operations. The program shall be designed to identify, evaluate, and control safety and health hazards, and provide for emergency response for hazardous waste operations.”

29 CFR 1910.120(b)(1)(i)

Key facts about 29 CFR 1910.120

HAZWOPER covers cleanup at uncontrolled hazardous waste sites, RCRA corrective actions, voluntary cleanups at recognized sites, TSD facilities, and emergency response to hazardous substance releases wherever they occur (1910.120(a)(1)).
Construction work is covered by 29 CFR 1926.65, which repeats 1910.120 paragraph for paragraph with construction cross-references.
General site workers need at least 40 hours of off-site instruction and three days of supervised field experience; occasional and characterized-area workers need at least 24 hours and one day (1910.120(e)(3); 1926.65(e)(3)).
Workers and supervisors covered by the training rules get eight hours of refresher training every year (1910.120(e)(8); 1926.65(e)(8)).
Medical surveillance covers employees exposed at or above the permissible exposure limits, or the published exposure levels where there is none, 30 days or more a year, and employees who wear a respirator 30 days or more a year (1910.120(f)(2)).
A response to an incidental release that employees in the immediate area can absorb, neutralize or otherwise control at the time of release is not an emergency response under the standard (1910.120(a)(3)).
In fiscal year 2025, federal OSHA cited construction employers 6 times under 1926.65 (HazComFast count from Labor Department enforcement data).

Scope: who 29 CFR 1910.120 applies to

Regulatory framework: General Industry (29 CFR 1910)
Citation reference: 29 CFR 1910.120
Enforcement status: In force and enforced
Jurisdiction: Federal OSHA (29 State-Plan jurisdictions may be stricter)

State-Plan states (e.g. California, Washington, Michigan) operate OSHA-approved programs that must be at least as effective as federal OSHA and frequently impose higher penalties or additional requirements. Confirm the rule as adopted in your state.

Key requirements of 29 CFR 1910.120

#	Employer obligation
1	Develop site-specific safety and health plan
2	Provide 40-hour training for site workers (24 for occasional)
3	8-hour annual refresher training
4	Medical surveillance for exposed workers
5	Designate a site safety and health supervisor
6	Implement decontamination procedures

Summarized from the text of 29 CFR 1910.120. Always read the full regulation for the binding language.

Common HAZWOPER violations

In fiscal year 2025, federal OSHA cited construction employers 6 times under 1926.65 (HazComFast count from Labor Department enforcement data). Every one was cited under (q)(1), the written emergency response plan. Federal OSHA issued no citation under 1910.120 to a construction employer in fiscal year 2025 (HazComFast count from Labor Department enforcement data). The deficiencies the text makes citable:

No written emergency response plan before emergency response operations begin, unless every employee evacuates under an emergency action plan (1926.65(q)(1); 1910.120(q)(1)).
No written safety and health program, or no site safety and health plan kept on site (1910.120(b)(1)(i), (b)(4)).
Workers on a cleanup site without the 40-hour or 24-hour initial training and supervised field experience (1910.120(e)(3)).
No eight-hour annual refresher (1910.120(e)(8)).
No medical surveillance for employees exposed at or above the limits 30 days or more a year, or wearing a respirator 30 days or more a year (1910.120(f)(2)).
No decontamination procedure before employees or equipment enter areas with potential exposure (1910.120(k)(2)(i)).

HAZWOPER is three rulebooks in one, and the construction copy is 1926.65

The most common mistake is treating HAZWOPER as a single 40-hour rule. The section governs three populations under different paragraphs: cleanup operations under (b) through (o), TSD facilities under (p), and emergency response to releases under (q). Training follows the role: 40 hours for a general site worker, 24 for an occasional or characterized-area worker, one of five competency levels for a responder. On a construction job the rules are the same, printed as 1926.65, and the cross-references change: respirators under 1926.103, the emergency action plan under 1926.35.

What OSHA inspectors look for

OSHA's inspection procedures for emergency response under paragraph (q) of both sections are set out in directive CPL 02-02-071 (November 5, 2003). On a cleanup site the written program, the site safety and health plan kept on site, each worker's training level, the medical surveillance roster and the decontamination procedure are all documents the employer either has or doesn't.

Example: how a violation is cited

A contractor sends a crew onto a state-listed uncontrolled hazardous waste site with a half-day orientation and no site safety and health plan. Under 1926.65, general site workers need at least 40 hours of off-site instruction and three days of supervised field experience ((e)(3)(i)), and the site needs a plan kept on site ((b)(4)). Each serious violation carries up to $16,550.

Illustrative example, not a specific OSHA case.

29 CFR 1910.120 step by step

Step 1
Name the operation
Cleanup at an uncontrolled or RCRA corrective-action site, TSD facility work, or emergency response: each has its own paragraphs (1910.120(a)(1), (a)(2); 1926.65 on construction work).
Step 2
Write the program and the site plan
A written safety and health program for hazardous waste operations, and a site safety and health plan kept on site for each phase of the work ((b)(1)(i), (b)(4)).
Step 3
Characterize before entry
Evaluate the site to identify its hazards and select the protection before workers go in ((c)).
Step 4
Train by role
40 hours plus 3 supervised field days, or 24 hours plus 1 day, then 8 hours of refresher every year; responders to their (q)(6) level ((e)(3), (e)(8), (q)(6)).
Step 5
Set up medical surveillance
For employees exposed at or above the limits 30 days or more a year, respirator wearers 30 days or more a year, HAZMAT team members and the other groups of (f)(2).
Step 6
Decontaminate and plan the emergency
A decontamination procedure before entry into exposure areas, and a written emergency response plan before response operations begin ((k)(2)(i), (q)(1)).

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Records kept for 30 years

1910.1020 sets how long exposure records are kept, and a billing plan doesn't change it. Fit tests, read receipts on hazardous products (who read which sheet, when, in which language) and training certificates stay in the account, and you can export the full record at any time.

What each plan includes

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Training certificatesFrom Starter
Respirator fit testingFrom Pro
30-year retention on exposure recordsEvery plan
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2026 penalties for 29 CFR 1910.120

Maximums set by 29 CFR 1903.15(d). 2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. The 2025 OSHA penalty levels remain in effect for 2026; OSHA made no inflation adjustment for 2026. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these amounts, while OSHA's public penalties page currently references penalties assessed after Jan. 15, 2026.

Violation type	Minimum	Maximum	When it applies
Serious	$1,085	$16,550	Substantial probability of death or serious physical harm.
Other-Than-Serious	$0	$16,550	Relates to safety/health but unlikely to cause death or serious harm.
Willful	$11,823	$165,514	Intentional, knowing, or voluntary disregard of the requirement.
Repeated	$4,256	$165,514	A substantially similar violation cited within the last 5 years.
Failure to Abate	None	$16,550/day	up to $16,550 per day; total capped at 30x the daily amount (FOM Ch.6)

A serious HAZWOPER violation carries up to $16,550 and a willful or repeated one up to $165,514, per violation (29 CFR 1903.15(d)). In fiscal year 2025, federal OSHA cited construction employers 6 times under 1926.65 (HazComFast count from Labor Department enforcement data).

Maximums and the willful minimum are set by 29 CFR 1903.15(d); the serious and repeated minimums are OSHA policy floors from its annual penalty adjustment memo. OSHA applies gravity-based and size, good-faith and history reductions (FOM CPL 02-00-164 Ch.6). Estimates only, not legal advice.

The business case for HAZWOPER compliance

HAZWOPER work happens where the chemical picture is incomplete by definition: an uncontrolled site, a drum of unknown contents, a release in progress. The standard's answer is order of operations. Characterize the site before entry, decontaminate before anyone leaves an exposure area, and plan the emergency response before it starts ((c), (k)(2)(i), (q)(1)).

Free compliance tools for 29 CFR 1910.120

Emergency Action Plan Builder Respiratory Protection Program Builder PPE Selector

HAZWOPER penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1910.120.

Alabama Arkansas Colorado Connecticut Delaware District of Columbia

View all 50 states + DC →

Frequently asked questions about 29 CFR 1910.120

What is HAZWOPER and who does it cover?

HAZWOPER, Hazardous Waste Operations and Emergency Response, is 29 CFR 1910.120 and, for construction work, 29 CFR 1926.65. It covers cleanup at uncontrolled hazardous waste sites and RCRA corrective-action sites, voluntary cleanups at recognized sites, operations at treatment, storage and disposal facilities, and emergency response to releases of hazardous substances wherever they occur ((a)(1)).

Does HAZWOPER apply to construction?

Yes, through 29 CFR 1926.65, which repeats 1910.120 paragraph for paragraph. Its cross-references point to the construction standards: 1926.103 for respirators, 1926.33 for medical records, 1926.35 for the emergency action plan, 1926.59 for hazard communication. In fiscal year 2025, federal OSHA cited construction employers under 1926.65, not 1910.120 (HazComFast count from Labor Department data).

What is the difference between 40-hour and 24-hour HAZWOPER training?

General site workers engaged in hazardous substance removal or other activities that expose or potentially expose them get at least 40 hours of off-site instruction and three days of field experience under a trained, experienced supervisor. Workers on site only occasionally for a specific limited task, and workers regularly on site in areas monitored and fully characterized below the exposure limits, get at least 24 hours and one day (29 CFR 1910.120(e)(3); 1926.65(e)(3)).

How often is HAZWOPER refresher training required?

Every year: eight hours of refresher training annually for the employees, managers and supervisors covered by the initial training rules (29 CFR 1910.120(e)(8); 1926.65(e)(8)).

Who needs HAZWOPER medical surveillance?

Employees exposed at or above the permissible exposure limits, or the published exposure levels where there is no limit, for 30 days or more a year regardless of respirator use; employees who wear a respirator 30 days or more a year or as required by the respirator standard; employees injured or made ill by possible overexposure; and members of HAZMAT teams (29 CFR 1910.120(f)(2); 1926.65(f)(2)).

Is cleaning up a small chemical spill a HAZWOPER emergency response?

Not if it is an incidental release. Responses to incidental releases that can be absorbed, neutralized or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel, are not emergency responses within the scope of the standard (definition of emergency response, 29 CFR 1910.120(a)(3)).

Regulatory history of 29 CFR 1910.120

1910.120 took its final form on March 6, 1989 (54 FR 9317, section source note). The construction text, 1926.65, dates from June 30, 1993 (58 FR 35129), with amendments listed in its source note through February 18, 2020 (85 FR 8736).

Related glossary terms

Key terms that appear in 29 CFR 1910.120, each with a full plain-English explainer.

Hazardous Waste Decontamination IDLH Personal Protective Equipment (PPE)Respiratory Protection Program Emergency Action Plan (EAP)

Related guides & articles

HAZWOPER Training Levels: 40, 24 & 8-Hour Explained Hazardous Waste Disposal: OSHA & EPA Requirements Emergency Action Plan: OSHA Construction Guide

Related OSHA standards

29 CFR 1910.101

Compressed Gases

29 CFR 1910.106

Flammable Liquids

29 CFR 1910.107

Spray Finishing

29 CFR 1910.109

Explosives & Blasting

Primary sources

The texts quoted on this page were read on the eCFR (Title 29, current as of September 25, 2026), 1910.120 and 1926.65 compared paragraph by paragraph, September 30, 2026. Penalty figures come from HazComFast's regulatory module (verified 2026-10-05 against eCFR, OSHA.gov, and the Federal Register).

This page is an educational summary, not legal advice. OSHA standards and penalty amounts change; confirm requirements against the current regulation and your applicable State-Plan before acting.

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