U.S. Department of Labor | ||||||
Occupational Safety & Health Administration |
Standard Interpretations
08/19/1991 - Academic training considered as equivalently trained for Hazwoper. |
Standard Interpretations - Table of Contents |
Standard Number: | 1910.120; 1910.120(e)(9); 1910.120(e)(2); 1910.120(b)(4)(ii) |
August 19, 1991 Mr. LeRoy S. Harris Director, Damage Assessment Projects MR-Ferguson Company MR-Ferguson Plaza 1500 West 3rd Street Cleveland, OH 44113-1406 Dear Mr. Harris, This is in response to your inquiry of June 17, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120). Your specific question relates to training and certification for employees who are "graduate chemical engineers and mechanical engineers having P.E. licenses and have design/build chemical or petrochemical plant experience." Specifically, you want to know if these employees can be considered "equivalently trained." Under 1910.120(e)(9), "academic training or the training that existing employees might have already received from actual hazardous waste site work experience" is acceptable as equivalent training. However, the employer must ensure that the employee attends a course, or combination of courses, or previous work experience, that meet all of the training objectives as listed below and in 1910.120(e)(2). Employees with academic training may be familiar with engineering controls, but may not be aware of safety and health issues. Employees working on site who are exposed to hazardous substances or health and safety hazards are to be trained to meet objectives under Section 1910.120(e)(2): i. Names of personnel and alternates responsible for site safety and health;Additionally, employees who fall under 1910.120(e) must receive 8 hours of refresher training annually, regardless of their previous experience or education. The employer must retain a written document which clearly identifies the employee, the person certifying the employee as equivalently trained, the certifier's qualifications, and the training and/or past experience which meets the training requirements. One possibility would be to include this information in the employee's personnel file. The preferred method is to include this information on a separate certificate for each employee. OSHA does not certify individuals, it is the employer who must show by documentation or certification that an employee's work experience and/or training meets the requirements of 1910.120. We hope this information is helpful. If you have any further questions please feel free to contact [the Office of Health Enforcement at (202) 693-2190]. Sincerely, Patricia K. Clark, Director [Directorate of Enforcement Programs] [Corrected 1/20/2005. On August 15, 2002 the proposed 1910.121 "Accreditation of Training Programs for Hazardous Waste Operations" proposed rule was withdrawn from the Unified Regulatory Agenda (see Federal Register 67:74749-74785 dated December 9, 2002).] |
Standard Interpretations - Table of Contents |
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