U.S. Department of Labor | ||||||
Occupational Safety & Health Administration |
Standard Interpretations
05/13/1991 - Training and certification procedures of Hazwoper. |
Standard Interpretations - Table of Contents |
Standard Number: | 1910.120; 1910.120(q); 1910.120(q)(6)(v); 1910.120(q)(7); 1910.120(q)(8) |
May 13, 1991 Ms. Karen L. Artz Training Coordinator BP Oil Company 4850 East 49th Street Cleveland, Ohio 44125-1079 Dear Ms. Artz: This is in response to your inquiry of February 22, concerning the training and certification procedures in the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120) HAZWOPER. Please accept my apology for the delay in this reply. Your specific question relates to the training and certification procedures pertaining to 1910.120(q). OSHA has reviewed your interpretation of Section 1910.120(q) and has the following comments:
The exact language of the regulation concerning trainers can be found in 1910.120(q)(7). The final rule states: "(7) Trainers. Trainers who teach any of the above training subjects [section (q)(6)(i)-(v)] shall have satisfactorily completed a training course for teaching the subjects they are expected to teach, such as the courses offered by the U.S. National Fire Academy or they shall have training and/or academic credentials and instructional experience necessary to demonstrate competent instructional skills and a good command of the subject matter of the courses they are to teach."Pertaining to BP's desire to certify the training subjects as "trained," Section 1910.120(q) does not delineate specific procedures, however, OSHA interprets the language of section 1910.120(q); "the employer shall so certify", to imply that the employer shall provide written certification to all personnel that have successfully completed the training for each and all of the various responder levels identified in Section 1910.120(q)(6). Certification of the yearly refresher training is also required in Section 1910.120(q). The pertinent section of the final rule states: "(8) Refresher Training. (i) Those employees who are trained in accordance with paragraph (q)(6) of this section shall receive annual refresher training of sufficient content and duration to maintain their competencies or shall demonstrate competency in those areas at least yearly. (ii) A statement shall be made of the training or the competency and if a statement of competency is made, the employer shall keep a record of the methodology used to demonstrate competency."This guidance pertains to a current interpretation of the HAZWOPER final rule (1910.120). I 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).] February 22, 1991 Ms. Patricia K. Clark Director Designate, Directorate of Compliance Programs U.S. Department of Labor Occupational Safety & Health Administration Washington, D.C. 20210 RE: 29 CFR 1910.120 Hazardous Waste Operations & Emergency Response I am the training coordinator for the terminals and distribution department of BP Oil and, in this capacity, I am responsible for ascertaining that we have sufficient training for our staff under the subject regulation. The Section of 1910.120 which applies to us is Section (q), emergency response to hazardous substance releases. It is my understanding under Section (q), that as long as the person doing the training is well versed in the subjects being taught and demonstrates competent teaching skills, they can serve as an instructor for this training. Additionally, if such instructor covers the subjects listed in Section (q)(i) - (iv) and the students demonstrate their knowledge through testing, we can then, as a company, certify the students as being trained. Would you please advise me if this is a correct interpretation of the regulation as it applies to us? Sincerely, BP Oil Co. K. L. Artz Training Coordinator |
Standard Interpretations - Table of Contents |
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