U.S. Department of Labor | ||||||
Occupational Safety & Health Administration |
Standard Interpretations
04/22/2003 - HAZWOPER training requirements for hospital staff who decontaminate chemically contaminated patients. |
Standard Interpretations - Table of Contents |
Standard Number: | 1910.120 |
April 22, 2003 Mr. Mike Bolt Construction Manager, Decontamination Team Supervisor Novant Health 3333 Silas Creek Parkway Winston-Salem, NC 27103 Dear Mr. Bolt: On July 16, 2002, you sent a letter to the Occupational Safety and Health Administration's (OSHA's) Directorate of Enforcement Programs requesting an interpretation of the Hazardous Waste Operations and Emergency Response standard, 29 CFR 1910.120. On September 26 our office responded to you; a copy of that letter is enclosed. After reviewing our letter we have decided to clarify our answer to your first question. This letter provides the clarification of our September 2002 letter to you in the form of italicized and bracketed wording added to our response to the first question. This letter constitutes OSHA's interpretation only of the requirements discussed and may not apply to any question not delineated within your original correspondence. You had questions about Hazardous Waste Operations and Emergency Response (HAZWOPER) training requirements for hospital employees who may have to decontaminate patients who were exposed to hazardous materials incidents. Your questions and our responses are listed below. Question 1: Can hospitals that train employees to decontaminate victims of hazardous materials incidents modify their training programs to be specific to the employees' anticipated job duties and hazards? These employees do not respond to hazardous materials releases within the hospital. Response: Yes. HAZWOPER is a performance-based regulation allowing employers flexibility in meeting the requirements of the regulation in the most cost-effective manner. However, the appropriate level and type of training must be based on [reasonably predictable] worst-case scenarios. All employees must be adequately trained to perform their anticipated job duties without endangering themselves or others. Question 2: What is OSHA's opinion of our suggested modification of the required competencies for First Responder Operations Level for "Hospital-based victim decontamination personnel"? Response: We compared your list of suggested competencies to the requirements in 29 CFR 1910.120(q)(6)(ii) and have the following comments. Your proposed training fails to include the following:
Response: Yes. For example, if you spend two hours training employees in the required competencies for First Responder Awareness Level as described in 29 CFR 1910.120(q)(6)(i)(A)-(F), then you would need to spend at least six additional hours training employees in the required competencies for First Responder Operations Level as described in 29 CFR 1910.120(q)(6)(ii)(A)-(F). Depending on the employees' job duties and prior education and experience, more than eight hours of training may be needed. Please note that employees with sufficient experience may objectively demonstrate the required competencies instead of completing eight hours of training. The employer must certify in writing the comparable training or demonstrated competencies. As you may be aware, the North Carolina Department of Labor administers an OSHA-approved state occupational safety and health program for both private and public sector employers and employees in North Carolina. State plans are required to implement regulations that are "at least as effective" as the federal standards. If you would like further information regarding North Carolina occupational safety and health requirements, you may contact the North Carolina Department of Labor at the following address: Cherie Berry, CommissionerThank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov. If you have any further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190. Sincerely, Richard E. Fairfax, Director Directorate of Enforcement Programs |
Standard Interpretations - Table of Contents |
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