Understand EPA worker-protection coverage
Learning objective: Identify the employer and jurisdiction for worker protection separately from environmental duties.
EPA’s worker-protection rule in 40 CFR Part 311 applies the substantive HAZWOPER provisions to state and local government employees engaged in covered operations in states without an OSHA-approved State Plan. It closes a public-employee coverage gap; it is not a reduced environmental-only version of worker protection.
For this rule, an employee includes compensated or uncompensated workers directly controlled by state or local government, as distinguished from independent contractors. Government-directed volunteers can therefore be covered. Private contractors have their own applicable occupational-safety obligations.
Where an approved State Plan applies, confirm that program’s public-employee coverage and requirements. Identify the employer, control relationship, jurisdiction and actual operation before choosing the compliance route. The same project can involve several employers and agencies.
Part 311 does not replace CERCLA, RCRA, water, air or other environmental requirements. This companion explains how to identify those duties, but provides neither regulatory training hours nor EPA certification of an employee or cleanup.
Source context: 40 CFR 311.1–311.2; 29 CFR 1910.120