Generally speaking, a “Brownfield site,” as outlined in the Small Business Liability Relief and Brownfields Revitalization Act (SBLRBR), refers to real estate where expansion, redevelopment, or reuse may be hindered due to the presence or potential presence of hazardous substances, pollutants, or contaminants. Although not typically highly contaminated, the types and levels of contaminants at Brownfield sites can significantly differ. Contaminants, if present, may be found in surface soil, buildings, containers (drums, underground tanks), subsurface soil, and groundwater aquifers. The contaminants present will depend on the industry or commercial facility that previously operated on the site. Besides chemical exposure, potential hazards at a Brownfield site may resemble those found at a construction site.
The SBLRBR provides a description of properties specifically included and excluded from the definition of a “Brownfield site.” Consult this law, and if necessary, an EPA office or state environmental agency, to determine if a particular site qualifies as a Brownfield. A key characteristic of a Brownfield site is that it is targeted for redevelopment. The site is not necessarily contaminated, but it is not assumed to be “clean” because of its prior commercial or industrial use.
Identifying Common Hazards at Brownfield Sites
While Brownfield sites are generally not likely to cause immediate or serious health effects to individuals living or working around them, they may pose significant safety or health hazards for employees working on the sites. The type of work involved will determine the types of exposures encountered. For example, an employee doing site cleanup, as opposed to one performing a site assessment, will likely experience higher levels and longer durations of exposure.
The most effective way to identify occupational hazards at such a site is to conduct a job hazard analysis for each task. This analysis combines employee exposure information with equipment and procedural information, resulting in a list of chemical and physical hazards associated with each task. Once the employer has identified the hazards that may be present and that could result in employee exposure, they can find the applicable OSHA standards designed to protect their employees.
Typical hazards experienced during site assessment and cleanup work at Brownfield sites include:
- Chemical hazards from surface or subsurface soil contamination or from contaminants present in buildings or containers (e.g., drums, underground storage tanks, confined spaces)
- Heat stress hazards
- Fall hazards from elevated work surfaces
- Slip, cave-in, and fall hazards from trenches and excavations
- Noise hazards
- Electrical hazards
- Hazards from heavy equipment, handheld tools, and other construction or demolition-related activities.
Applicable OSHA Standards
All OSHA general industry and construction standards (29 CFR 1910 and 1926) may apply to work at Brownfield sites, depending on the type of work performed and the hazards to which employees may be exposed (requirements may differ in states with OSHA-approved State Plans).
Potentially applicable standards include, but are not limited to:
- Personal Protective Equipment (29 CFR 1910.132/1926.28)
- Respiratory Protection (29 CFR 1910.134/1926.103)
- Air Contaminants (29 CFR 1910.1000/1926.55)
- Hazard Communication (29 CFR 1910.1200/1926.59)
- Hand Tools (29 CFR 1926.301)
- Fall Protection (29 CFR 1926 Subpart M), and
- Excavations (29 CFR 1926 Subpart P)
OSHA’s Hazardous Waste Operations and Emergency Response (HAZWOPER) standard (29 CFR 1910.120 and 1926.65) may apply if the work to be done includes:
- Cleanup operations required by a governmental body involving hazardous substances which are conducted at an uncontrolled hazardous waste site.
- Corrective actions involving cleanup operations at sites covered by the Resource Conservation and Recovery Act of 1976.
- Voluntary cleanup operations at sites recognized by a governmental body as an uncontrolled hazardous waste site.
Cleanup operations are defined in paragraph (a)(3) of the HAZWOPER standard to include operations where hazardous substances are removed, contained, stabilized, or processed in order to make the site safer for people or the environment.
Please note that even if operations performed at a Brownfield site are not covered by the HAZWOPER standard, other federal and state government programs (e.g., a funding contract or a state voluntary cleanup program) may require HAZWOPER compliance.
What’s in a Written Health and Safety Plan (HASP)?
If OSHA’s HAZWOPER standard applies, the employer must prepare a site-specific HASP that addresses the safety and health hazards, control measures, and work tasks of each phase of site operation. This plan must be kept on site while work is being conducted and revised as site personnel, conditions, and work tasks change.
A HASP includes site-specific information on the following:
- Site characterization and hazard analysis
- Site control measures
- Personal protective equipment for site tasks and operations
- Employee training
- Monitoring and sampling
- Medical surveillance
- Decontamination procedures
- Emergency response
- Spill containment
- Confined space entry (if applicable)
Employers whose operations are not covered by the HAZWOPER standard may still want to address site safety and health with a written HASP that records hazards, identifies applicable OSHA standards, and recommends appropriate exposure controls.
For more information on Brownfields, please visit OSHA’s Brownfields Safety and Health Topics page at http://www.osha.gov/SLTC/brownfields/index.html. Also, visit the Environmental Protection Agency’s (EPA) Brownfields site at http://www.epa.gov/brownfields/index.html.
About the The Small Business Liability Relief and Brownfields Revitalization Act
The Small Business Liability Relief and Brownfields Revitalization Act, signed into law by President George W. Bush in 2002, amended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) to provide funds for brownfield site assessments and cleanups, clarify liability protections, and support state and tribal response programs. Brownfields are former industrial or commercial sites where future use is affected by real or perceived environmental contamination. The Act offers financial assistance, alternative payment methods, and liability relief for parties impacted by brownfields. It established $250 million per year for brownfields revitalization, including $200 million for assessment, cleanup, loans, and job training, and $50 million for state and tribal response programs. The Act aimed to address the lack of capital for early-stage activities such as site assessment, remediation, response action, and cleanup, and promoted public-private partnerships for brownfield redevelopment.
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