Is a HAZWOPER certification required for crime scene clean up?
Notice to All Crime and Trauma Scene Cleanup Industry Personnel:
(This document does not address personnel who also provide drug lab cleanup services – they need it.)
NOTE: Amdecon IS NOT against having a HAZWOPER certification, we are just against misinformation being spread about who is required to have it. We have a 40-Hour HAZWOPER course on another platform available to you if you wish to get it.. The cost is $395.00. Just email us if you’d like to sign up for it.
Here is the short answer – It depends. Everyone doesn’t, but some might depending on the type of jobs they do. Normal suicide and unattended death scenes clearly do not require it.
A 40-Hour HAZWOPER certification is a great thing to add to your training repertoire, but it IS NOT required.
The statement that, “Everyone who performs crime scene cleanup services MUST have a 40-Hour HAZWOPER is absolute B.S. – OSHA has issued two Letters of Interpretation and they both stated a resounding, “NO”.
If you really want to read all the details keep reading below:
October 10, 2019
This document is in reference to ABRA’s insistence that everyone who performs crime and trauma scene cleanup is required to obtain HAZWOPER certification. They claim that a Letter of Interpretation (LOI) from Patrick J. Kapust, dated September 6, 2019, proves it. You may download the LOI here.
The question is this, “Are all workers who perform crime and trauma scene clean-up required to obtain HAZWOPER certification?” The answer is, “No. When working a typical crime and trauma scene clean-up job, they are not.”
I have been answering this question since the year 2000 when I began my training at TEEX OSHA Training Institute Southwest Education Center. The answer is no big mystery if one understands how to read OSHA standards and a Letter of Interpretation (LOI).
If ABRA is the expert organization that they have always claimed to be, why are they now struggling with this topic in the year 2019?
While I applaud Mr. Vogel’s hard work in researching this matter, I am sorry to say ABRA is mistaken. It seems that ABRA really really wanted the answer to this HAZWOPER question to be a resounding “yes” and latched onto the first full paragraph on page two of the LOI and preceded to ignore or didn’t understand the rest of the document. Just because they really really wanted everyone in the industry to be required to have HAZWOPER certification doesn’t make it true.
Read my answer to this HAZWOPER question below:
My comments are in black.
Mr. Kapust’s comments are in blue.
The OSHA standard sections are in red.
The fact that all people who perform crime and trauma scene clean-ups are not required to obtain HAZWOPER certification is clearly shown on page two of the LOI in the third full paragraph from the top where Mr. Kapust states: (I have bolded some words for emphasis purposes)
“The training requirements in OSHA’s HAZWOPER standard apply only to operations covered by the standard. See 29 CFR 1910.120(a)(1) for information on the scope of the HAZWOPER standard. The HAZWOPER standard is a performance-oriented standard; the level and type of training under this standard must be based on reasonably anticipated worst-case scenarios. Employers must determine the appropriate training levels for their employees by taking into account the potentials hazards the workers could be exposed to, as well as the variability of events and operations in which workers are expected to engage.”
Let’s look at the first part of the defining paragraph of Mr. Kapust’s letter:
“The training requirements in OSHA’s HAZWOPER standard apply only to operations covered by the standard. See 29 CFR 1910.120(a)(1) for information on the scope of the HAZWOPER standard.”
Below you will find section 1910.120(a)(1) that Mr. Kapust is referring to. This section clearly defines operations that are governed by the HAZWOPER standard and, by elimination, those that are not:
1910.120(a)(1)
Scope. This section covers the following operations, unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards:
1910.120(a)(1)(i)
Clean-up operations required by a governmental body, whether Federal, state local or other involving hazardous substances that are conducted at uncontrolled hazardous waste sites (including, but not limited to, the EPA’s National Priority Site List (NPL), state priority site lists, sites recommended for the EPA NPL, and initial investigations of government identified sites which are conducted before the presence or absence of hazardous substances has been ascertained);
The section above is in regard to, “…uncontrolled hazardous waste sites….”
In the 1910.120 standard, the definition of an “uncontrolled hazardous waste site” is:
“Uncontrolled hazardous waste site means an area identified as an uncontrolled hazardous waste site by a governmental body, whether Federal, state, local or other where an accumulation of hazardous substances creates a threat to the health and safety of individuals or the environment or both. Some sites are found on public lands such as those created by former municipal, county or state landfills where illegal or poorly managed waste disposal has taken place. Other sites are found on private property, often belonging to generators or former generators of hazardous substance wastes. Examples of such sites include, but are not limited to, surface impoundments, landfills, dumps, and tank or drum farms.”
Does the above paragraph describe the scene of a suicide, homicide, or decomp at a home or business? No, it doesn’t. As you can see, a suicide, homicide or unattended death at a residence or business does not fall under the definition of an “uncontrolled hazardous waste site.” A suicide in a bedroom in a home is not an “uncontrolled hazardous waste site.” There is nothing “uncontrolled” about it. It is a very controlled scene as the biological hazards are contained.
1910.120(a)(1)(ii)
Corrective actions involving clean-up operations at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42 U.S.C. 6901 et seq);
The section above is in regard to, “…sites covered by the Resource Conservation and Recovery Act of 1976.” A residence or business that contains a crime and/or trauma scene is not covered by the Resource Conservation and Recovery Act of 1976.
1910.120(a)(1)(iii)
Voluntary clean-up operations at sites recognized by Federal, state, local or other governmental bodies as uncontrolled hazardous waste sites;
Does the above paragraph describe the scene of a suicide, homicide, or decomp at a home or business? No, it doesn’t. The section above is in regard to “uncontrolled hazardous waste sites.” We have already discussed the definition of an “uncontrolled hazardous waste site.”
1910.120(a)(1)(iv)
Operations involving hazardous waste that are conducted at treatment, storage, disposal (TSD) facilities regulated by 40 CFR Parts 264 and 265 pursuant to RCRA; or by agencies under agreement with U.S.E.P.A. to implement RCRA regulations; and
Does the above paragraph describe the scene of a suicide, homicide, or decomp at a home or business? No, it doesn’t. The section above is in regard to, “Operations involving hazardous waste that are conducted at treatment, storage, disposal (TSD) facilities regulated by 40 CFR Parts 264 and 265 pursuant to RCRA; or by agencies under agreement with U.S.E.P.A. to implement RCRA regulations;” An example of one of these operations would be a Stericycle TSD facility. This does not apply to the clean-up of suicides, homicides or unattended deaths that a crime and trauma scene company typically performs.
1910.120(a)(1)(v)
Emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard.
The section above is in regard to, “Emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard.”
In this standard, the definition of “emergency response” is:
“Emergency response or responding to emergencies means a response effort by employees from outside the immediate release area or by other designated responders (i.e., mutual aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance 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 considered to be emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.”
This does not apply to the clean-up of suicides, homicides or unattended deaths that a crime and trauma scene company typically performs. The scenes that crime and trauma scene personnel clean-up do not fall under the scope of an “uncontrolled release.” For those readers who might be thinking, “What about using a circular saw to cut through bloody wooden subfloor, wouldn’t that be an uncontrolled release?”
The definition also states, “Responses to incidental releases of hazardous substances where the substance 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 considered to be emergency responses within the scope of this standard.”
Now let’s look at the second part of the defining paragraph of Mr. Kapust’s letter:
“The HAZWOPER standard is a performance-oriented standard; the level and type of training under this standard must be based on reasonably anticipated worst-case scenarios. Employers must determine the appropriate training levels for their employees by taking into account the potentials hazards the workers could be exposed to, as well as the variability of events and operations in which workers are expected to engage.”
The above paragraph clearly states that the HAZWOPER standard is a performance-oriented standard and that, “Employers must determine the appropriate training levels for their employees by taking into account the potentials hazards the workers could be exposed to, as well as the variability of events and operations in which workers are expected to engage.”
This means that if an employee’s job duties expose them to a hazard, such as those found at an “uncontrolled hazardous waste site,” they would be required to obtain HAZWOPER training; however, if their job duties do not expose them to a hazard, such as those found at an “uncontrolled hazardous waste site,” then they do not need HAZWOPER training. As I have pointed out earlier in this document, 99% percent of personnel who perform crime and trauma scene cleanup do not, by definition, work on uncontrolled hazardous waste sites and therefore they are not required to obtain HAZWOPER certification.
How many crime and trauma scene clean-up companies do you know of who wear Level A suits and SCBAs (Self-Contained Breathing Apparatus) like the ones in the photo below?
How many crime and trauma scene clean-up companies do you know of who wear Level B suits and SCBAs like the ones in the photo below?
So, it is very clear: Most personnel who clean-up after a suicide, homicide or unattended death at a residence, or business are not required to have HAZWOPER certification.
If personnel who clean-up after a suicide, homicide or unattended death at a residence, or business ALSO perform emergency response to train derailments, airplane crashes, and industrial chemical warehouse fires, which do fall under the definition of an “uncontrolled hazardous waste site”, then yes, they would be required to obtain HAZWOPER certification. They would need to have SCBAs and Level A and B suits (that can weigh 30-40 pounds each) and cost about $10,000.00 per worker. But they would already know this.
Look at this is this way:
There are hazardous material technicians who work for environmental remediation contractors who also provide crime and trauma scene clean-up services. Those workers would need HAZWOPER certification. They already know that and already have HAZWOPER training.
The typical crime and trauma scene clean-up company that performs suicide, homicides or unattended death cleanups at a home and business would never need to be HAZWOPER certified because those scenes do not fall under 29 CFR 1910.120(a)(1).
It’s pretty simple. Most people who only perform clean-up after a suicide, homicide or unattended death at a residence or business will never need to be HAZWOPER certified. This is probably 99% of everyone in the crime and trauma scene clean-up industry. (This statement does not apply to companies that also perform drug lab remediation.)
Ask yourself this, “How many crime and trauma scene personnel keep Level A and Level B suits and SCBAs in their trucks?”
Those crime and trauma scene cleaners who want to get into more heavy-duty jobs involving chemical spills, train derailments, airplane crashes, etc., will need HAZWOPER and HAZMAT certifications. But it goes without saying that if they are qualified to clean-up after chemical spills, train derailments, and airplane crashes they will already have HAZWOPER and HAZMAT certifications.
ABRA was wrong to declare that any and all crime and trauma scene workers are required to hold HAZWOPER certification.
I have been answering this HAZWOPER question since the year 2000. Again, I ask, if ABRA is the expert organization that they claim to be, why are they just now struggling with this topic in 2019?
It seems ABRA may have wanted crime and trauma scene personnel to be required to have HAZWOPER certification, therefore their researchers continually went outside of 29 CFR 1910.120 to find parts of other standards and guidance documents to support that position. There is no need to go outside of 29 CFR 1910.120 to determine if crime and trauma scene personnel need HAZWOPER certification.
If any crime and trauma scene businesses want to respond to “uncontrolled hazardous waste sites,” then they can obtain proper training to be able to use Level A and Level B suits with SCBAs, purchase the equipment at about $10,000 per worker, and get their HAZWOPER certification.
ABRA did the industry a great disservice by posting that all personnel who cleanup crime and trauma scenes are required to be HAZWOPER certified. This only shows their lack of understanding of OSHA regulations. I commend those ABRA members who have become OSHA-Authorized Trainers, but I hope they now realize that they have only taken their first baby-steps to understanding OSHA Standards. Their journey has only just begun.
I have trained thousands of crime and trauma scene personnel in 27 countries to date and have the following certifications:
• Certified Safety & Health Official (TEEX OSHA Training Institute Southwest Education Center)
• OSHA 501 Outreach Trainer (retired)
• OSHA Hazardous Materials
• OSHA Respiratory Protection
• Respirator Fit Test Administrator
• OSHA Confined Space
• OSHA 510
• OSHA 500
• OSHA Machine Guarding
• OSHA Electrical Standards
• Certified Drug Lab Decontamination-Worker (State of Washington)
• Certified Drug Lab Decontamination-Supervisor (State of Washington)
• Certified Asbestos Abatement Worker (Ontario, Canada)
• Certified Asbestos Abatement Supervisor (Ontario, Canada)
• Marijuana Grow Operations Remediation Supervisor
• 40-Hour HAZWOPER
• Certified Hazmat and Safety at Clandestine Drug Labs
• IICRC UFT–Upholstery & Fabric Cleaning Technician
• IICRC FSRT–Fire & Smoke Damage Restoration Technician
• IICRC OCT–Odor Control Technician • IICRC HST–Health and Safety Technician
• IICRC CCT–Carpet Cleaning Technician • IICRC MSR–Master Fire and Smoke Restorer
• Certified Anti-Terrorism (Weapons of Mass Destruction – Kenneth “Ken” Alibek, a former Soviet physician, microbiologist, and biological warfare expert was one of my instructors.)
As you can see from my credentials, I am a firm believer in ongoing education. I believe as professionals we should always endeavor to learn more. Do I think HAZWOPER is a good certification to have? Yes, I do, but I do not state that everyone who performs crime and trauma scene cleanup is required to have HAZWOPER certification.
Each employer must analyze the types of jobs they perform, the hazards involved, and if their work falls under the definition of an “uncontrolled hazardous waste site” or has the potential to become an “uncontrolled hazardous waste site;” if so, then they are required to have their employees be HAZWOPER certified.
I can see no situation where the common crime and trauma scene would ever become a “uncontrolled hazardous waste site.” If the types of jobs performed do not fall under the definition of an “uncontrolled hazardous waste site” then employees do not have to be HAZWOPER certified.
The HAZWOPER certification decision is arrived at on a company-by-company basis. A very small minority of crime and trauma scene decontamination companies will need employee HAZWOPER certifications, but the great majority of the companies will not and never will. Therefore, for ABRA to declare that ALL personnel who perform crime and trauma scene remediation are required to be HAZWOPER certified is just wrong. They claim to be THE experts–they should know better.
The bottom line is this: If you want to get a HAZWOPER certification, then get it. Education is a great thing. But don’t believe that everyone who performs crime and trauma scene cleanup duties is required to have it because that is just not the case.
ABRA’s poor understanding of OSHA regulations is evident even though they have claimed to be the industry’s leading authority since inception. It’s the year 2019 – they should know how to read OSHA standards.
Amdecon offers online HAZWOPER certification at Amdecon.com
Regards,
Michael J. Tillman
TEEX Certified Safety and Health Official and Amdecon® Founder
*Ken Alibek was the Soviet scientist who was in charge of the Soviet biological weapons program. He has written several books you can find on Amazon.