Memorandum of Understanding
among
The National Institute for Occupational Safety and Health,
The Occupational Safety and Health Administration,
The United States Coast Guard
and
The United States Environmental Protection Agency
* * *
Guidance for Worker Protection during Hazardous Waste Site Investigations Cleanup
and Hazardous Substance Emergencies

1. Purpose:

   The purpose of this Memorandum of Understanding (MOU), is to provide guidance for the protection of workers who investigate and cleanup hazardous waste sites and respond to hazardous substance emergencies.

2. Authority:

   The National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) are entering into this understanding pursuant to the Occupational Safety and Health Act of 1970, sections 20 (a) and 7 (c)(1) (29 USC 651, et. seq.) respectively, including Executive Order #12196; the United States Coast Guard (USCG) is entering into this understanding pursuant to the authority of the Clean Water Act (33 USC 1251 et. seq.) the United States Environmental Protection Agency (USEPA) is entering into this understanding pursuant to the authority of the Clean Water Act (33 USC 1251 et. seq.) and the Resource Conservation and Recovery Act Amendments of 1980 (42 USC 7001). In addition, NIOSH, OSHA, USCG, and the USEPA are entering into this understanding in order to carry out their joint responsibilities under the "Comprehensive Environmental Response, Compensation, and liability Act of 1980" (P.L. 96- 510).

3. Interagency Coordination:

   The following representatives will be responsible for the coordination and implementation of activities for their respective agencies:

   • the Director of the Division of Criteria Documentation and Standards Development (NIOSH);
   • the Director of the Directorate of Technical Support (OSHA);
   • the Chief, Environmental Response Division (USCG Headquarters);
   • the Director of the Office of Occupational Health and Safety (USEPA).

   NIOSH is assigned the lead agency role.

4. Objectives:

   The interagency objectives are: a) to develop and write a comprehensive guidance manual that will establish procedures to protect workers involved in hazardous waste site investigations and cleanup and during response to emergencies involving hazardous substances; b) to identify and establish mechanisms for transmitting occupational health and safety information to workers and those responsible for their protection; c) to identify and establish mechanisms for transmitting relevant field experience concerning occupational health and safety practice to Federal agencies.

   NIOSH will accomplish the objectives of this effort with the support, cooperation, and assistance of OSHA, USCG and USEPA under a procedure to be incorporated in the work plan.

5. Implementation:

   This understanding establishes an Interagency Work Group consisting of at least one representative from each office identified in section 3. The Work Group will develop a work plan to implement the objectives listed above; individual tasks and any necessary resource requirements will be described in subagreements under this MOU. The final product(s) of designated tasks will be subject to the review of NIOSH, OSHA, USCG, and USEPA.

6. Period of Agreement:

   This Memorandum shall continue in effect until the completion of the stated objectives, unless modified or amended by the assent of all parties or terminated by any party upon a 30-day advance written notice to the other parties.

   Nothing in this agreement is intended to diminish or otherwise affect the statutory authority of the agencies involved.

   This Memorandum will become effective on the date of the last signature below.

   Anthony Robbins, M.D.
   Director
   National Institute for Occupational
   Safety and Health
   December 18, 1980

   Eula Bingham
   Assistant Secretary of Labor
   Occupational Safety and Health
   Administration
   December 18, 1980

   W. E. Caldwell
   Rear Admiral, U.S. Coast Guard
   Chief, Office of Marine
   Environment and Systems
   December 18, 1980

   Douglas M. Costle
   Administrator
   United States Environmental
   Protection Agency
   December 18, 1980

Subagreement To
Memorandum of Understanding
Among
the National Institute for Occupational Safety and Health,
the Occupational Safety and Health Administration,
the United States Coast Guard,
and the United States Environmental Protection Agency
***
Guidance for Worker Protection During
Hazardous Waste Site Investigation and Cleanup
and
Hazardous Substance Emergencies
***
For Coordinating Research, Development, Testing, and Evaluation of
Chemical Protective Clothing, Equipment, Procedures, and Information
Among Federal Agencies
***

1. Background:

   A number of Federal agencies have been engaged in the development or evaluation of chemical protective clothing, equipment, and procedures concerning its selection, use, and care to improve the protection of their own employees or U.S. workers in general. Much of this work is related directly to the pressing need to provide adequate protection for workers involved in hazardous waste responses or related chemical emergencies. A number of these programs are similar in nature, resulting in the potential for duplication of effort: other work, if shared, could benefit the efforts of other agencies. Moreover, much of the data and information generated by these problems may be useful to non-Federal groups or individuals who are users of protective clothing and related equipment. A need therefore exists to coordinate Federally funded research and development in this area.

   In December 1980, A Memorandum of Understanding (Attachment 1) was established among the National Institute for Occupational Safety and Health (NIOSH), Occupational Safety and Health Administration (OSHA), the United States Coast Guard (USCG), and the United States Environmental Protection Agency (EPA) "to provide guidance for the protection of workers who investigate and cleanup hazardous waste sites and respond to hazardous substances." The Memorandum of Understanding allows for subagreements to carry out specific tasks related to protection of personnel exposed to hazardous substances. This document sets forth such a subagreement for Federal agency coordination in research, development, and other areas related to chemical protective clothing.

2. Purpose:

   The purpose of this subagreement is to provide coordination of federally funded research, development, testing, and evaluation (RDT&E) efforts involving chemical protective clothing, equipment, procedures, and associated information.

3. Authority:

   The Memorandum of Understanding cited in paragraph 1 provides the authority for this subagreement and for the participation of NIOSH, OSHA, USCG, and EPA. Authorities for other federal agencies to enter into this subagreement (if additional agencies wish to participate) may be found on the individual signature pages attached to this subagreement.

4. Objectives:

   The interagency objectives area:

   1. To identify standards that are important to the federal government, and promote emphasis of these standards related to chemical protective clothing at meetings of the American Society for Testing and Materials (ASTM), National Fire Protection Association (NFPA), or other standards organizations.

   2. To identify and establish mechanisms for transmitting chemical protective clothing material/chemical compatibility data, selection information, and relevant field experience to U. S. workers and those responsible for their protection.

   3. To prepare annual summary reports of federally funded research and development activities for chemical protective clothing and equipment to the National Response Team, the research community, and any interested party.

   4. To meet regularly (at least twice a year) to discuss, report, and coordinate RDT&E activities for chemical protective clothing, identifying areas where additional efforts are necessary, and forming separate agreements to implement interagency programs when mutual benefit exists for those organizations involved.

5. Implementation:

   1. This subagreement establishes an Interagency Work Group to implement the objective listed above.

   2. Each agency signatory to this agreement shall appoint one member and alternate to serve on the Interagency Work Group.

   3. The leading agency role shall be rotated between participating agencies on an annual basis. The leading agency shall be responsible for coordinating meetings of the Interagency Work Group, preparing/submitting meeting reports to other work group members for review, and the assembly and distribution of the annual report on federally funded RDT&E activities.

6. Pertinent Topics:

   Topics to be considered by the Interagency Work Group may include, but are not limited to:

   1. Development of new chemical protective clothing and equipment.

   2. Identification, evaluation, and promotion of improvements to commercially available chemical protective clothing and equipment.

   3. Testing and evaluation of chemical protective clothing materials and garment components.

   4. Testing and evaluation of complete chemical protective clothing garments or ensembles for integrity, level of protection, comfort, and fit.

   5. Assessment of chemical protective clothing selection rationales, rules, methods, and procedures.

   6. Evaluation of donning/doffing, decontamination, and storage practices for chemical protective clothing and equipment.

   7. Development of mathematical models or other estimation methods to assess chemical protective clothing/equipment performance.

7. Termination:

   This subagreement shall continue in effect through the end of September 1990, unless modified or amended by the assent of all parties, or terminated by any party upon a 30-day advance written notice to the other parties.

Subagreement To
Memorandum of Understanding
Among
the National Institute for Occupational Safety and Health,
the Occupational Safety and Health Administration,
the United States Coast Guard,
and the United States Environmental Protection Agency
***
Guidance for Worker Protection During
Hazardous Waste Site Investigation and Cleanup
and
Hazardous Substance Emergencies
***
For Coordinating Research, Development, Testing, and Evaluation of
Chemical Protective Clothing, Equipment, Procedures, and Information
Among Federal Agencies
***

This subagreement becomes effective for the Occupational Safety and Health Administration on the data by the undersigned below:

Stephen Mallinger, Acting Director
Directorate of Technical Support
Occupational Safety and Health Administration
1-7-86