RECORD ID D99-04-002 Precedented

STANDARD NUMBER

INFORMATION DATE 04-13-1999

SUBJECT Annual Hazwoper Training; Respirator Fit-test Requirements

QUESTION

1. When must the required annual training mentioned in 1910.120 be completed? Is it necessary for individuals to complete this training before the exact anniversary date of their previous training? 2. For the quantitative fit-test procedures given in Appendix A to 1910.134, is it a requirement that the respirator wearer be shown how to put on the respirator facepiece?

REGULATORY REVIEW

1. The regulation for annual training is found at 29 CFR 1910.120(e)(8), and specifies that employees “…shall receive eight hours of refresher training annually…” This means that annual refresher training should be completed by the anniversary date of the previous training course. A relevant OSHA Letter of Interpretation to S. Trower (attached as 10/16/1991) indicates that OSHA allows some latitude in scheduling annual refresher training: “… the 8 hour training course does not need to be on the exact anniversary of the initial training. Employees should have the refresher course reasonably close to the anniversary date, taking into consideration the company's and the employees' convenience in scheduling the course. However, if the training does not take place by the anniversary date there should be a record in the employee's file indicating why the training has been delayed and when the training will be completed.” However, as mentioned in an OSHA Letter of interpretation to J. Heringer (attached as 03/12/1993), please note that “…in some states operating their own OSHA-approved state safety and health program, refresher training must be completed by the exact anniversary of the initial training….” Therefore, depending upon state requirements, it may be necessary to have employees complete their annual training on or before the exact anniversary date of their previous training. 2. Yes. Appendix A to 29 CFR 1910.134 contains the mandatory procedures applicable to both qualitative and quantitative fit test protocols. Paragraph A.2. under Part I of the Appendix, states: “2. Prior to the selection process, the test subject shall be shown how to put on a respirator, how it should be positioned on the face, how to set strap tension and how to determine an acceptable fit….” The language is unambiguous; on each occasion of respirator fit testing, the employee must be given the proper step-by-step instructions for this phase of the fit test protocol as explained in the Appendix. Failure to adhere to this prescribed protocol could be cited by an OSHA inspector as a violation.