Hazardous Waste Operations and Emergency Response; Final Rule DEPARTMENT OF LABOR

Federal RegisterAug 22, 1994

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is

issuing technical amendments to existing Appendix B and is adding a new

non-mandatory Appendix E to both 29 CFR 1910.120, Hazardous Waste

Operations and Emergency Response and 29 CFR 1926.65, Hazardous Waste

Operations and Emergency Response. The technical amendments to the

Appendix B involve the updating of certain reference sources listed in

Appendix B to both 29 CFR 1910.120 and 1910.65. The new Appendix E

provides suggested guidelines for a more effective training curriculum

and program. The mandatory requirements for those training programs are

set forth in the main body of 29 CFR 1910.120 and 1926.65. The addition

of a non-mandatory Appendix E to these sections will provide

supplementary information that can be used by employers for training

program development directed toward training those employees engaged in

hazardous waste operations and emergency response activities within the

scope of 29 CFR 1910.120 or 1926.65.

EFFECTIVE DATE: The effective date for this notice is September 21,

1994.

ADDRESSES: There are no written responses required in this notice.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, Office of

Information and Consumer Affairs, Occupational Safety and Health

Administration, Room N-3647, U.S. Department of Labor, 200 Constitution

Avenue, NW, Washington, DC 20210, 202-219-8151.

SUPPLEMENTARY INFORMATION:

Regulatory history. On October 17, 1986, former President Reagan

signed into law the Superfund Amendments and Reauthorization Act of

1986 (SARA) (Pub. L. 99-499). As part of SARA, the Secretary of Labor

(the Secretary) was directed to issue an interim final rule within 60

days after the date of enactment of SARA, which was to provide not less

protection for employees engaged in covered hazardous waste operations

than the protection contained in two specified documents. Those two

documents were the Environmental Protection Agency's (EPA) ``Health and

Safety Requirements for Employees Engaged in Field Activities'' manual

(EPA ORDER 1440.2), dated 1981, and the existing Occupational Safety

and Health Administration (OSHA) standards under Subpart C or 29 CFR

part 1926, OSHA's Construction Industry Safety and Health Standards.

OSHA published an interim final rule as directed in the Federal

Register on December 19, 1986 (51 FR 45654).

In section 126 of SARA, the Congress also directed the Secretary to

issue, within one year after the date of enactment of SARA, a final

standard under section 6(b) of the Occupational Safety and Health Act

of 1970 for the health and safety of employers engaged in hazardous

waste operations and emergency response. SARA also indicated that

certain specific areas of employee protection, in particular employee

training, were relevant to protect employees engaged in hazardous waste

operations.

OSHA issued a proposed rule on hazardous waste operations and

emergency including provisions for training on August 10, 1987 (52 FR

29620). Public hearings on the proposed rule were held during October

1987. As a result of that proposed rule OSHA published a permanent

final rule for hazardous waste operations and emergency response

(HAZWOPER) on March 6, 1989 (54 FR 9294). That permanent final rule

became effective on March 6, 1990.

In related action, on December 22, 1987, as part of an omnibus

budget reconciliation bill (Pub. L. 100-202), the language of SARA was

amended. The amendment addressed section 126(d)(3) of SARA. Section

126(d)(3) of SARA reads as follows before the amendment:

(d) Specific Training Standards. -- * * *

(3) Certification; Enforcement. -- Such training standards shall

contain provisions for certifying that general site workers, on-site

managers, and supervisors have received the specified training and

shall prohibit any individual who has not received the specified

training from engaging in hazardous water operations covered by the

standard.

The amendment to section 126(d)(3) contained in Pub. L. 100-202

added the following language to the end of paragraph (d)(3):

That section 126(d)(3) of SARA is amended by adding a new

sentence at the end thereof as follows: The certification procedures

shall be no less comprehensive than those adopted by the

Environmental Protection Agency in its Model Accreditation Plan for

Asbestos Abatement Training as required under the Asbestos Hazard

Emergency Response Act of 1986.

In response to the amendment, OSHA on January 26, 1990, issued a

Notice of Proposed Rulemaking (NPRM) (55 FR 2776) addressing the

accreditation of training programs for hazardous waste operations.

Since January, 1990, OSHA has been working to develop a final rule

addressing the accreditation of certain training programs required in

29 CFR 1910.120 and 29 CFR 1926.65. OSHA will complete shortly action

on that final rule.

On June 30, 1992, OSHA republished 29 CFR 1910.120 in 29 CFR Part

1926 as Sec. 1926.65 at the request of the OSHA Advisory Committee on

Construction Safety and Health (ACCSH). This republication codified

most of the requirements affecting construction activities in one part

of the CFR for the convenience of construction industry employers and

employees.

The most recent action on this rule concerns the development of the

non-mandatory appendix to be added as Appendix E to Sec. 1910.120. This

action took place during the September 30, 1993 meeting of ACCSH held

in Washington, DC. As part of the Advisory Committee's action, a work

group chaired by Mr. John Moran, Director of Safety and Health for the

Laborers' Health and Safety Fund made specific recommendations to the

full advisory committee concerning OSHA's proposed 29 CFR 1910.121

rulemaking. The first recommendation of the work group was, ``that OSHA

promptly issue a non-mandatory appendix to Sec. 1910.120, establishing

minimum training curriculum guidelines and minimum training provider

guidelines (ACCSH Tr. pg. 148, lines 22-25).'' Mr. Moran made a formal

motion that the ACCSH recommend, ``the prompt issuance of a non-

mandatory appendix to Sec. 1910.120 which contains guidelines for

minimum training curriculum, and that minimum training provider

requirements to meet the training standards established in 120 (ACCSH

Tr. pg. 152, lines 5-10).'' The motion was passed unanimously (ACCSH

Tr. pg. 159, lines 3-11). The formal report containing the

recommendations developed by the work group was presented to the

Assistant Secretary by the ACCSH on October 1, 1993.

The report included a December, 1991 document titled, ``Minimum

Criteria for Worker Health and Safety Training for Hazardous Waste

Operations and Emergency Response.'' The National Institute of

Environmental Health Sciences (NIEHS) Training Grant Technical Workshop

on Training Quality developed the document during a technical workshop

on training quality. The workshop, ``Minimum Criteria for Worker Health

and Safety Training for Hazardous Waste Operations and Emergency

Response was held March 22-24, 1990 in Washington, DC and was sponsored

by NIEHS. Approximately 60 individuals from labor, industry and the

government, including representatives from OSHA participated in the

workshop.

The report recommends that,

OSHA should promptly issue a non-mandatory appendix to 29 CFR

1910.120 which provides guidelines as to minimum training curriculum

and training provider requirements for those training activities

mandated by the 1910.120 standard. It is our recommendation that

this appendix be essentially the NIEHS National Technical Workshop

consensus document referred to in the BACKGROUND above and which is

appended to this report. \1\

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\1\Memorandum to Advisory Committee on Construction Safety and

Health (ACCSH) from John B. Moran, Chair, Accreditation Work Group,

ACCSH containing the Accreditation Work Group Report dated October

1, 1993 (pg. 4).

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The ACCSH recommendation to the Assistant Secretary suggested that

the non-mandatory appendix address two topics. First, ACCSH recommended

that the appendix should provide guidelines as to the minimum training

curriculum for those training activities mandated by Sec. 1910.120.

Second, ACCSH recommended that the appendix should provide guidelines

as to the minimum training provider requirements for those training

activities mandated by Sec. 1910.120.

Non-mandatory Appendix E on Training. Separate from the ACCSH

recommendations, several individuals suggested that during the interim

period prior to issuing a final rule on training accreditation, OSHA

should add a non-mandatory appendix to 29 CFR 1910.120 and 29 CFR

1926.65 that would provide guidance to employers for developing

effective training programs. The training provisions of these two

standards are stated in performance oriented language in paragraph (e)

for hazardous waste site workers, in paragraph (p)(7) for treatment,

storage, and disposal facility workers, and in paragraph (q)(6) for

emergency response workers.

OSHA uses non-mandatory appendices for a number of purposes such as

to provide non-regulatory guidance to employees and employers for the

purpose of complying with various OSHA regulations or to assist them in

developing more effective safety and health operations. They may also

be an amplification of interpretive information that is included in the

preamble discussions of rulemakings when they are published in the

Federal Register.

It is often brought to OSHA's attention that the useful

interpretive information included in preamble discussions addressing

OSHA's standards becomes less accessible when rules and regulations are

published later in the Code of Federal Regulations. It has been

suggested that having the most important of this type of information

available in the same publication as the codified text of a rule would

make compliance decision making in the workplace easier.

Also non-mandatory appendices provide a non-regulatory mechanism to

keep employer and employee populations aware of new technical

information that becomes available to the agency subsequent to the

issuance of a standard. These new technologies and new types of

information may be of assistance to employer and employee populations

in complying with the regulatory text to which the appendix is

attached.

Training provider criteria. OSHA has reviewed the training provider

criteria suggested in the ``Minimum Criteria for Worker Health and

Safety Training for Hazardous Waste Operations and Emergency

Response.'' OSHA is considering fully the issue in the final rule on

certification of training programs. Consequently there is no need to

insert a non-mandatory appendix on this subject. In the interim, OSHA

believes that the standard provides sufficient guidance on the

qualifications of instructors and that additional information in an

appendix format is unnecessary.

Training curriculum guidelines. The document that the ACCSH

recommended that OSHA use as the training guidelines to be placed in

the non-mandatory appendix is titled, ``Minimum Criteria for Worker

Health and Safety Training for Hazardous Waste Operations and Emergency

Response.'' It was developed to report the results of a technical

workshop on training quality held March 22-24, 1990 in Washington, DC.

The meeting was sponsored by the National Institute of Environmental

Health Sciences (NIEHS).

NIEHS employee training program grantees identified a need to

establish criteria for determining the quality of employee health and

safety training programs. This was believed by the workshop to be

especially critical for meeting the training requirements of the

Occupational Safety and Health Administration (OSHA) rule for hazardous

waste operations and emergency response (29 CFR 1910.120). The NIEHS

employee training program grantees planned a workshop to identify,

evaluate, discuss and make recommendations on training quality issues

in this area. A planning committee met twice to develop a draft

discussion document for the workshop's deliberations. The workshop

brought together representatives from each of the NIEHS grantees, and

invited experts from management, labor, academia, and government. A

balance of such representations was sought for each of the workshop's

five sub-sessions. The sub-sessions topics included the following:

1. General Criteria.

2. General hazardous waste operations and site-specific training.

3. RCRA-treatment, storage, and disposal (TSD) sites.

4. Emergency response.

5. Guidelines for accreditation.

At the closing plenary, a draft final report from the workshop was

sent out for a review by participants. Comments offered during the

closing plenary and for a period after the meeting were received and

included as appropriate in the final document. The report represents

the views of the technical experts rather than an official position by

any agency, including NIEHS.

NIEHS is authorized under the Superfund Amendments and

Reauthorization Act of 1986 (SARA) to award grants to nonprofit

organizations that demonstrate experience in implementing and operating

employee health and safety training and education programs and that

demonstrate the ability to reach and involve in training programs

target populations ow employees who are or will be engaged in hazardous

materials waste removal, containment, or emergency response operations.

The grantees who attended the conference met the requirements of and

participation in the NIEHS program.

OSHA has reviewed the guidelines. Overall they would lead to a

highly effective training program. Following them would certainly meet

the training requirements of Sec. 1910.120 and Sec. 1926.65 as a

general matter. The detailed guidance they present would be helpful to

trainers and employers and would lead to better training of employees.

Accordingly OSHA is publishing them as a non-mandatory Appendix E to

those standards.

However, the legal requirements are set forth in the body of the

standards. These require site-specific elements that of course can not

be covered in general guidelines. In addition, some of the guidelines

go beyond the clear requirements of the regulatory text in paragraphs

(a) to (q). In those cases, employers would only be cited if the

employee's training did not meet the requirements of paragraphs (a)

through (q). Accordingly, Appendix E is not called ``minimum criteria''

as ACCSH entitled them. In addition, there are other training

curriculum resources available that can provide additional guidance to

individuals preparing training programs. Therefore, these appendices

are not only based upon the NIEHS document but also upon other training

program guidance documents. OSHA has utilized documents developed by

the National Fire Protection Association, the International Association

of Fire Service Instructors, and others to supplement the guidance

provided in the NIEHS document.

Technical Amendments to Appendix B. It has been brought to the

attention of OSHA that certain references made to National Fire

Protection Association standards in Appendix B to Sec. 1910.120 and

Sec. 1926.65 are outdated. OSHA makes reference to NFPA 1991, NFPA

1992, and NFPA 1993 as standards that were under development at the

time 29 CFR 1910.120 was published. These references are outdated

because the NFPA standards referred to in the existing text are no

longer ``under development'' but were published in 1990 as voluntary

consensus standards by NFPA.

The revisions to Appendix B of Sec. 1910.120 and Appendix B of

Sec. 1926.65 that are contained in this notice recognize the adoption

of these NFPA standards. The revisions correct editorially the text of

these appendices to recognize the current status of the referenced NFPA

standards.

This document makes technical amendments and adds a non-mandatory

appendix for informational purposes that do not change regulatory

requirements. Accordingly, the agency finds that notice and comments

are unnecessary pursuant to the Administrative Procedures Act, 5 U.S.C.

553(b) and according to OSHA procedural rules in 29 CFR 1911.5.

Authority

This document was prepared under the direction of Joseph Dear,

Assistant Secretary of Labor for Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution Avenue, NW, Washington D.C.

20210. Pursuant to section 126 of the Superfund Amendments and

Reauthorization Act of 1986 as amended (Public Law 99-499, 100 Stat.

1690 as amended by Public Law 100-202, section 101(f), 101 Stat. 1329-

198, 29 U.S.C. 655 note), sections 6 and 8 of the Occupational Safety

and Health Act of 1970 (29 U.S.C. 655, 657), section 4 of the

Administrative Procedures Act (5 U.S.C. 553), 29 CFR Part 1911 and

Secretary of Labor's Order 9-83 (48 FR 35736), Sec. 1910.120 of 29 CFR

Part 1910 is amended as set forth below.

Signed at Washington, DC this 12th day of August, 1994.

Joseph A. Dear

Assistant Secretary of Labor

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

1. The authority citation for Subpart H continues to read as

follows:

Authority: Sections 4, 6, and 8 of the Occupational Safety and

Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's

Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR

35736), or 1-90 (55 FR 9033), as applicable.

Sections 1910.103, 1910.106, 1910.107, 1910.108, 1910.109,

1910.110, 1910.111 and 1910.119 are also issued under 29 CFR part

1911.

Section 1910.119 is also issued under Sec. 304, Clean Air Act

Amendments of 1990 (Pub. L. 101-549, Nov. 15, 1990, reprinted at 29

U.S.C. 655 Note (Sup. 1991).

Section 1910.120 is also issued under Sec. 126, Superfund

Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655

note), 5 U.S.C. 553, and 29 CFR part 1911.

2. The last two paragraphs of Appendix B to Sec. 1910.120--General

Description and Discussion of the Levels of Protection and Protective

Gear are revised to read as follows:

Appendix B to Sec. 1910.120--General Description and Discussion of the

Levels of Protection and Protective Gear * * *

Note: * * *

As an aid in selecting suitable chemical protective clothing, it

should be noted that the National Fire Protection Association (NFPA)

has developed standards on chemical protective clothing. The

standards that have been adopted by include:

NFPA 1991--Standard on Vapor-Protective Suits for Hazardous

Chemical Emergencies (EPA Level A Protective Clothing).

NFPA 1992--Standard on Liquid Splash-Protective Suits for

Hazardous Chemical Emergencies (EPA Level B Protective Clothing).

NFPA 1993--Standard on Liquid Splash-Protective Suits for Non-

emergency, Non-flammable Hazardous Chemical Situations (EPA Level B

Protective Clothing).

These standards apply documentation and performance requirements

to the manufacture of chemical protective suits. Chemical protective

suits meeting these requirements are labelled as compliant with the

appropriate standard. It is recommended that chemical protective

suits that meet these standards be used.

3. A new non-mandatory appendix, Appendix E, is added to 29 CFR

1910.120 to read as follows:

Appendix E to Sec. 1910.120--Training Curriculum Guidelines.

The following non-mandatory general criteria may be used for

assistance in developing site-specific training curriculum used to

meet the training requirements of 29 CFR 1910.120(e); 29 CFR

1910.120(p)(7), (p)(8)(iii); and 29 CFR 1910.120(q)(6), (q)(7), and

(q)(8). These are generic guidelines and they are not presented as a

complete training curriculum for any specific employer. Site-

specific training programs must be developed on the basis of a needs

assessment of the hazardous waste site, RCRA/TSDF, or emergency

response operation in accordance with 29 CFR 1910.120.

It is noted that the legal requirements are set forth in the

regulatory text of Sec. 1910.120. The guidance set forth here

presents a highly effective program that in the areas covered would

meet or exceed the regulatory requirements. In addition, other

approaches could meet the regulatory requirements.

Suggested General Criteria

Definitions:

``Competent'' means possessing the skills, knowledge,

experience, and judgment to perform assigned tasks or activities

satisfactorily as determined by the employer.

``Demonstration'' means the showing by actual use of equipment

or procedures.

``Hands-on training'' means training in a simulated work

environment that permits each student to have experience performing

tasks, making decisions, or using equipment appropriate to the job

assignment for which the training is being conducted.

``Initial training'' means training required prior to beginning

work.

``Lecture'' means an interactive discourse with a class lead by

an instructor.

``Proficient'' means meeting a stated level of achievement.

``Site-specific'' means individual training directed to the

operations of a specific job site.

``Training hours'' means the number of hours devoted to lecture,

learning activities, small group work sessions, demonstration,

evaluations, or hands-on experience.

Suggested core criteria:

1. Training facility. The training facility should have

available sufficient resources, equipment, and site locations to

perform didactic and hands-on training when appropriate. Training

facilities should have sufficient organization, support staff, and

services to conduct training in each of the courses offered.

2. Training Director. Each training program should be under the

direction of a training director who is responsible for the program.

The Training Director should have a minimum of two years of employee

education experience.

3. Instructors. Instructors should be deem competent on the

basis of previous documented experience in their area of

instruction, successful completion of a ``train-the-trainer''

program specific to the topics they will teach, and an evaluation of

instructional competence by the Training Director.

Instructors should be required to maintain professional

competency by participating in continuing education or professional

development programs or by completing successfully an annual

refresher course and having an annual review by the Training

Director.

The annual review by the Training Director should include

observation of an instructor's delivery, a review of those

observations with the trainer, and an analysis of any instructor or

class evaluations completed by the students during the previous

year.

4. Course materials. The Training Director should approve all

course materials to be used by the training provider. Course

materials should be reviewed and updated at least annually.

Materials and equipment should be in good working order and

maintained properly.

All written and audio-visual materials in training curricula

should be peer reviewed by technically competent outside reviewers

or by a standing advisory committee.

Reviews should possess expertise in the following disciplines

were applicable: occupational health, industrial hygiene and safety,

chemical/environmental engineering, employee education, or emergency

response. One or more of the peer reviewers should be a employee

experienced in the work activities to which the training is

directed.

5. Students. The program for accepting students should include:

a. Assurance that the student is or will be involved in work

where chemical exposures are likely and that the student possesses

the skills necessary to perform the work.

b. A policy on the necessary medical clearance.

6. Ratios. Student-instructor ratios should not exceed 30

students per instructor. Hands-on activity requiring the use of

personal protective equipment should have the following student-

instructor ratios. For Level C or Level D personal protective

equipment the ratio should be 10 students per instructor. For Level

A or Level B personal protective equipment the ratio should be 5

students per instructor.

7. Proficiency assessment. Proficiency should be evaluated and

documented by the use of a written assessment and a skill

demonstration selected and developed by the Training Director and

training staff. The assessment and demonstration should evaluate the

knowledge and individual skills developed in the course of training.

The level of minimum achievement necessary for proficiency shall be

specified in writing by the Training Director.

If a written test is used, there should be a minimum of 50

questions. If a written test is used in combination with a skills

demonstration, a minimum of 25 questions should be used. If a skills

demonstration is used, the tasks chosen and the means to rate

successful completion should be fully documented by the Training

Director.

The content of the written test or of the skill demonstration

shall be relevant to the objectives of the course. The written test

and skill demonstration should be updated as necessary to reflect

changes in the curriculum and any update should be approved by the

Training Director.

The proficiency assessment methods, regardless of the approach

or combination of approaches used, should be justified, documented

and approved by the Training Director.

The proficiency of those taking the additional courses for

supervisors should be evaluated and documented by using proficiency

assessment methods acceptable to the Training Director. These

proficiency assessment methods must reflect the additional

responsibilities borne by supervisory personnel in hazardous waste

operations or emergency response.

8. Course certificate. Written documentation should be provided

to each student who satisfactorily completes the training course.

The documentation should include:

a. Student's name.

b. Course title.

c. Course date.

d. Statement that the student has successfully completed the

course.

e. Name and address of the training provider.

f. An individual identification number for the certificate.

g. List of the levels of personal protective equipment used by

the student to complete the course.

This documentation may include a certificate and an appropriate

wallet-sized laminated card with a photograph of the student and the

above information. When such course certificate cards are used, the

individual identification number for the training certificate should

be shown on the card.

9. Recordkeeping. Training providers should maintain records

listing the dates courses were presented, the names of the

individual course attenders, the names of those students

successfully completing each course, and the number of training

certificates issued to each successful student. These records should

be maintained for a minimum of five years after the date an

individual participated in a training program offered by the

training provider. These records should be available and provided

upon the student's request or as mandated by law.

10. Program quality control. The Training Director should

conduct or direct an annual written audit of the training program.

Program modifications to address deficiencies, if any, should be

documented, approved, and implemented by the training provider. The

audit and the program modification documents should be maintained at

the training facility.

Suggested Program Quality Control Criteria

Factors listed here are suggested criteria for determining the

quality and appropriateness of employee health and safety training

for hazardous waste operations and emergency response.

A. Training Plan.

Adequacy and appropriateness of the training program's

curriculum development, instructor training, distribution of course

materials, and direct student training should be considered,

including

1. The duration of training, course content, and course

schedules/agendas;

2. The different training requirements of the various target

populations, as specified in the appropriate generic training

curriculum;

3. The process for the development of curriculum, which includes

appropriate technical input, outside review, evaluation, program

pretesting.

4. The adequate and appropriate inclusion of hands-on,

demonstration, and instruction methods;

5. Adequate monitoring of student safety, progress, and

performance during the training.

B. Program management, Training Director, staff, and

consultants.

Adequacy and appropriateness of staff performance and delivering

an effective training program should be considered, including

1. Demonstration of the training director's leadership in

assuring quality of health and safety training.

2. Demonstration of the competency of the staff to meet the

demands of delivering high quality hazardous waste employee health

and safety training.

3. Organization charts establishing clear lines of authority.

4. Clearly defined staff duties including the relationship of

the training staff to the overall program.

5. Evidence that the training organizational structure suits the

needs of the training program.

6. Appropriateness and adequacy of the training methods used by

the instructors.

7. Sufficiency of the time committed by the training director

and staff to the training program.

8. Adequacy of the ratio of training staff to students.

9. Availability and commitment of the training program of

adequate human and equipment resources in the areas of

a. Health effects,

b. Safety,

c. Personal protective equipment (PPE),

d. Operational procedures,

e. Employee protection practices/procedures.

10. Appropriateness of management controls.

11. Adequacy of the organization and appropriate resources

assigned to assure appropriate training.

12. In the case of multiple-site training programs, adequacy of

satellite centers management.

C. Training facilities and resources.

Adequacy and appropriateness of the facilities and resources for

supporting the training program should be considered, including,

1. Space and equipment to conduct the training.

2. Facilities for representative hands-on training.

3. In the case of multiple-site programs, equipment and

facilities at the satellite centers.

4. Adequacy and appropriateness of the quality control and

evaluations program to account for instructor performance.

5. Adequacy and appropriateness of the quality control and

evaluation program to ensure appropriate course evaluation,

feedback, updating, and corrective action.

6. Adequacy and appropriateness of disciplines and expertise

being used within the quality control and evaluation program.

7. Adequacy and appropriateness of the role of student

evaluations to provide feedback for training program improvement.

D. Quality control and evaluation.

Adequacy and appropriateness of quality control and evaluation

plans for training programs should be considered, including:

1. A balanced advisory committee and/or competent outside

reviewers to give overall policy guidance;

2. Clear and adequate definition of the composition and active

programmatic role of the advisory committee or outside reviewers.

3. Adequacy of the minutes or reports of the advisory committee

or outside reviewers' meetings or written communication.

4. Adequacy and appropriateness of the quality control and

evaluations program to account for instructor performance.

5. Adequacy and appropriateness of the quality control and

evaluation program to ensure appropriate course evaluation,

feedback, updating, and corrective action.

6. Adequacy and appropriateness of disciplines and expertise

being used within the quality control and evaluation program.

7. Adequacy and appropriateness of the role of student

evaluations to provide feedback for training program improvement.

E. Students

Adequacy and appropriateness of the program for accepting

students should be considered, including

1. Assurance that the student already possess the necessary

skills for their job, including necessary documentation.

2. Appropriateness of methods the program uses to ensure that

recruits are capable of satisfactorily completing training.

3. Review and compliance with any medical clearance policy.

F. Institutional Environment and Administrative Support

The adequacy and appropriateness of the institutional

environment and administrative support system for the training

program should be considered, including

1. Adequacy of the institutional commitment to the employee

training program.

2. Adequacy and appropriateness of the administrative structure

and administrative support.

G. Summary of Evaluation Questions

Key questions for evaluating the quality and appropriateness of

an overall training program should include the following:

1. Are the program objectives clearly stated?

2. Is the program accomplishing its objectives?

3. Are appropriate facilities and staff available?

4. Is there an appropriate mix of classroom, demonstration, and

hands-on training?

5. Is the program providing quality employee health and safety

training that fully meets the intent of regulatory requirements?

6. What are the program's main strengths?

7. What are the program's main weaknesses?

8. What is recommended to improve the program?

9. Are instructors instructing according to their training

outlines?

10. Is the evaluation tool current and appropriate for the

program content?

11. Is the course material current and relevant to the target

group?

Suggested Training Curriculum Guidelines

The following training curriculum guidelines are for those

operations specifically identified in 29 CFR 1910.120 as requiring

training. Issues such as qualifications of instructors, training

certification, and similar criteria appropriate to all categories of

operations addressed in 1910.120 have been covered in the preceding

section and are not re-addressed in each of the generic guidelines.

Basic core requirements for training programs that are addressed

include

1. General Hazardous Waste Operations

2. RCRA operations--Treatment, storage, and disposal facilities.

3. Emergency Response.

A. General Hazardous Waste Operations and Site-specific Training

1. Off-site training.Training course content for hazardous waste

operations, required by 29 CFR 1910.120(e), should include the

following topics or procedures:

a. Regulatory knowledge.

(1)An review of 29 CFR 1910.120 and the core elements of an

occupational safety and health program.

(2)The content of a medical surveillance program as outlined in

29 CFR 1910.120(f).

(3)The content of an effective site safety and health plan

consistent with the requirements of 29 CFR 1910.120(b)(4)(ii).

(4)Emergency response plan and procedures as outlined in 29 CFR

1910.38 and 29 CFR 1910.120(l).

(5)Adequate illumination.

(6)Sanitation recommendation and equipment.

(7)Review and explanation of OSHA's hazard-communication

standard (29 CFR 1910.1200) and lock-out-tag-out standard (29 CFR

1910.147).

(8)Review of other applicable standards including but not

limited to those in the construction standards (29 CFR Part 1926).

(9)Rights and responsibilities of employers and employees under

applicable OSHA and EPA laws.

b. Technical knowledge.

(1)Type of potential exposures to chemical, biological, and

radiological hazards; types of human responses to these hazards and

recognition of those responses; principles of toxicology and

information about acute and chronic hazards; health and safety

considerations of new technology.

(2)Fundamentals of chemical hazards including but not limited to

vapor pressure, boiling points, flash points, ph, other physical and

chemical properties.

(3)Fire and explosion hazards of chemicals.

(4)General safety hazards such as but not limited to electrical

hazards, powered equipment hazards, motor vehicle hazards, walking-

working surface hazards, excavation hazards, and hazards associated

with working in hot and cold temperature extremes.

(5)Review and knowledge of confined space entry procedures in 29

CFR 1910.146.

(6)Work practices to minimize employee risk from site hazards.

(7)Safe use of engineering controls, equipment, and any new

relevant safety technology or safety procedures.

(8)Review and demonstration of competency with air sampling and

monitoring equipment that may be used in a site monitoring program.

(9)Container sampling procedures and safeguarding; general drum

and container handling procedures including special requirement for

laboratory waste packs, shock-sensitive wastes, and radioactive

wastes.

(10)The elements of a spill control program.

(11)Proper use and limitations of material handling equipment.

(12)Procedures for safe and healthful preparation of containers

for shipping and transport.

(13)Methods of communication including those used while wearing

respiratory protection.

c. Technical skills.

(1)Selection, use maintenance, and limitations of personal

protective equipment including the components and procedures for

carrying out a respirator program to comply with 29 CFR 1910.134.

(2)Instruction in decontamination programs including personnel,

equipment, and hardware; hands-on training including level A, B, and

C ensembles and appropriate decontamination lines; field activities

including the donning and doffing of protective equipment to a level

commensurate with the employee's anticipated job function and

responsibility and to the degree required by potential hazards.

(3)Sources for additional hazard information; exercises using

relevant manuals and hazard coding systems.

d. Additional suggested items.

(1)A laminated, dated card or certificate with photo, denoting

limitations and level of protection for which the employee is

trained should be issued to those students successfully completing a

course.

(2)Attendance should be required at all training modules, with

successful completion of exercises and a final written or oral

examination with at least 50 questions.

(3)A minimum of one-third of the program should be devoted to

hands-on exercises.

(4)A curriculum should be established for the 8-hour refresher

training required by 29 CFR 1910.120(e)(8), with delivery of such

courses directed toward those areas of previous training that need

improvement or reemphasis.

(5)A curriculum should be established for the required 8-hour

training for supervisors. Demonstrated competency in the skills and

knowledge provided in a 40-hour course should be a prerequisite for

supervisor training.

2. Refresher training.

The 8-hour annual refresher training required in 29 CFR

1910.120(e)(8) should be conducted by qualified training providers.

Refresher training should include at a minimum the following topics

and procedures:

(a)Review of and retraining on relevant topics covered in the

40-hour program, as appropriate, using reports by the students on

their work experiences.

(b)Update on developments with respect to material covered in

the 40-hour course.

(c)Review of changes to pertinent provisions of EPA or OSHA

standards or laws.

(d)Introduction of additional subject areas as appropriate.

(e)Hands-on review of new or altered PPE or decontamination

equipment or procedures. Review of new developments in personal

protective equipment.

(f)Review of newly developed air and contaminant monitoring

equipment.

3. On-site training.

a. The employer should provide employees engaged in hazardous

waste site activities with information and training prior to initial

assignment into their work area, as follows:

(1) The requirements of the hazard communication program

including the location and availability of the written program,

required lists of hazardous chemicals, and material safety data

sheets.

(2) Activities and locations in their work area where hazardous

substance may be present.

(3) Methods and observations that may be used to detect the

present or release of a hazardous chemical in the work area (such as

monitoring conducted by the employer, continuous monitoring devices,

visual appearances, or other evidence (sight, sound or smell) of

hazardous chemicals being released, and applicable alarms from

monitoring devices that record chemical releases.

(4) The physical and health hazards of substances known or

potentially present in the work area.

(5) The measures employees can take to help protect themselves

from work-site hazards, including specific procedures the employer

has implemented.

(6) An explanation of the labeling system and material safety

data sheets and how employees can obtain and use appropriate hazard

information.

(7) The elements of the confined space program including special

PPE, permits, monitoring requirements, communication procedures,

emergency response, and applicable lock-out procedures.

b. The employer should provide hazardous waste employees

information and training and should provide a review and access to

the site safety and plan as follows:

(1) Names of personnel and alternate responsible for site safety

and health.

(2) Safety and health hazards present on the site.

(3) Selection, use, maintenance, and limitations of personal

protective equipment specific to the site.

(4) Work practices by which the employee can minimize risks from

hazards.

(5) Safe use of engineering controls and equipment available on

site.

(6) Safe decontamination procedures established to minimize

employee contact with hazardous substances, including:

(A) Employee decontamination,

(B) Clothing decontamination, and

(C) Equipment decontamination.

(7) Elements of the site emergency response plan, including:

(A) Pre-emergency planning.

(B) Personnel roles and lines of authority and communication.

(C) Emergency recognition and prevention.

(D) Safe distances and places of refuge.

(E) Site security and control.

(F) Evacuation routes and procedures.

(G) Decontamination procedures not covered by the site safety

and health plan.

(H) Emergency medical treatment and first aid.

(I) Emergency equipment and procedures for handling emergency

incidents.

c. The employer should provide hazardous waste employees

information and training on personal protective equipment used at

the site, such as the following:

(1) PPE to be used based upon known or anticipated site hazards.

(2) PPE limitations of materials and construction; limitations

during temperature extremes, heat stress, and other appropriate

medical considerations; use and limitations of respirator equipment

as well as documentation procedures as outlined in 29 CFR 1910.134.

(3) PPE inspection procedures prior to, during, and after use.

(4) PPE donning and doffing procedures.

(5) PPE decontamination and disposal procedures.

(6) PPE maintenance and storage.

(7) Task duration as related to PPE limitations.

d. The employer should instruct the employee about the site

medical surveillance program relative to the particular site,

including

(1) Specific medical surveillance programs that have been

adapted for the site.

(2) Specific signs and symptoms related to exposure to hazardous

materials on the site.

(3) The frequency and extent of periodic medical examinations

that will be used on the site.

(4) Maintenance and availability of records.

(5) Personnel to be contacted and procedures to be followed when

signs and symptoms of exposures are recognized.

e. The employees will review and discuss the site safety plan as

part of the training program. The location of the site safety plan

and all written programs should be discussed with employees

including a discussion of the mechanisms for access, review, and

references described.

B. RCRA Operations Training for Treatment, Storage and Disposal

Facilities.

1. As a minimum, the training course required in 29 CFR 1910.120

(p) should include the following topics:

(a) Review of the applicable paragraphs of 29 CFR 1910.120 and

the elements of the employer's occupational safety and health plan.

(b) Review of relevant hazards such as, but not limited to,

chemical, biological, and radiological exposures; fire and explosion

hazards; thermal extremes; and physical hazards.

(c) General safety hazards including those associated with

electrical hazards, powered equipment hazards, lock-out-tag-out

procedures, motor vehicle hazards and walking-working surface

hazards.

(d) Confined-space hazards and procedures.

(e) Work practices to minimize employee risk from workplace

hazards.

(f) Emergency response plan and procedures including first aid

meeting the requirements of paragraph (p)(8).

(g) A review of procedures to minimize exposure to hazardous

waste and various type of waste streams, including the materials

handling program and spill containment program.

(h) A review of hazard communication programs meeting the

requirements of 29 CFR 1910.1200.

(i) A review of medical surveillance programs meeting the

requirements of 29 CFR 1910.120(p)(3) including the recognition of

signs and symptoms of overexposure to hazardous substance including

known synergistic interactions.

(j) A review of decontamination programs and procedures meeting

the requirements of 29 CFR 1910.120(p)(4).

(k) A review of an employer's requirements to implement a

training program and its elements.

(l) A review of the criteria and programs for proper selection

and use of personal protective equipment, including respirators.

(m) A review of the applicable appendices to 29 CFR 1910.120.

(n) Principles of toxicology and biological monitoring as they

pertain to occupational health.

(o) Rights and responsibilities of employees and employers under

applicable OSHA and EPA laws.

(p) Hands-on exercises and demonstrations of competency with

equipment to illustrate the basic equipment principles that may be

used during the performance of work duties, including the donning

and doffing of PPE.

(q) Sources of reference, efficient use of relevant manuals, and

knowledge of hazard coding systems to include information contained

in hazardous waste manifests.

(r) At least 8 hours of hands-on training.

(s) Training in the job skills required for an employee's job

function and responsibility before they are permitted to participate

in or supervise field activities.

2. The individual employer should provide hazardous waste

employees with information and training prior to an employee's

initial assignment into a work area. The training and information

should cover the following topics:

(a) The Emergency response plan and procedures including first

aid.

(b) A review of the employer's hazardous waste handling

procedures including the materials handling program and elements of

the spill containment program, location of spill response kits or

equipment, and the names of those trained to respond to releases.

(c) The hazardous communication program meeting the requirements

of 29 CFR 1910.1200.

(d) A review of the employer's medical surveillance program

including the recognition of signs and symptoms of exposure to

relevant hazardous substance including known synergistic

interactions.

(e) A review of the employer's decontamination program and

procedures.

(f) An review of the employer's training program and the parties

responsible for that program.

(g) A review of the employer's personal protective equipment

program including the proper selection and use of PPE based upon

specific site hazards.

(h) All relevant site-specific procedures addressing potential

safety and health hazards. This may include, as appropriate,

biological and radiological exposures, fire and explosion hazards,

thermal hazards, and physical hazards such as electrical hazards,

powered equipment hazards, lock-out-tag-out hazards, motor vehicle

hazards, and walking-working surface hazards.

(i) Safe use engineering controls and equipment on site.

(j) Names of personnel and alternates responsible for safety and

health.

C. Emergency response training.

Federal OSHA standards in 29 CFR 1910.120(q) are directed toward

private sector emergency responders. Therefore, the guidelines

provided in this portion of the appendix are directed toward that

employee population. However, they also impact indirectly through

State OSHA or USEPA regulations some public sector emergency

responders. Therefore, the guidelines provided in this portion of

the appendix may be applied to both employee populations.

States with OSHA state plans must cover their employees with

regulations at least as effective as the Federal OSHA standards.

Public employees in states without approved state OSHA programs

covering hazardous waste operations and emergency response are

covered by the U.S. EPA under 40 CFR 311, a regulation virtually

identical to Sec. 1910.120.

Since this is a non-mandatory appendix and therefore not an

enforceable standard, OSHA recommends that those employers,

employees or volunteers in public sector emergency response

organizations outside Federal OSHA jurisdiction consider the

following criteria in developing their own training programs. A

unified approach to training at the community level between

emergency response organizations covered by Federal OSHA and those

not covered directly by Federal OSHA can help ensure an effective

community response to the release or potential release of hazardous

substances in the community.

a. General considerations.

Emergency response organizations are required to consider the

topics listed in Sec. 1910.120(q)(6). Emergency response

organizations may use some or all of the following topics to

supplement those mandatory topics when developing their response

training programs. Many of the topics would require an interaction

between the response provider and the individuals responsible for

the site where the response would be expected.

(1) Hazard recognition, including:

(A) Nature of hazardous substances present,

(B) Practical applications of hazard recognition, including

presentations on biology, chemistry, and physics.

(2) Principles of toxicology, biological monitoring, and risk

assessment.

(3) Safe work practices and general site safety.

(4) Engineering controls and hazardous waste operations.

(5) Site safety plans and standard operating procedures.

(6) Decontamination procedures and practices.

(7) Emergency procedures, first aid, and self-rescue.

(8) Safe use of field equipment.

(9) Storage, handling, use and transportation of hazardous

substances.

(10) Use, care, and limitations of personal protective

equipment.

(11) Safe sampling techniques.

(12) Rights and responsibilities of employees under OSHA and

other related laws concerning right-to-know, safety and health,

compensations and liability.

(13) Medical monitoring requirements.

(14) Community relations.

b. Suggested criteria for specific courses.

(1) First responder awareness level.

(A) Review of and demonstration of competency in performing the

applicable skills of 29 CFR 1910.120(q).

(B) Hands-on experience with the U.S. Department of

Transportation's Emergency Response Guidebook (ERG) and

familiarization with OSHA standard 29 CFR 1910.1201.

(C) Review of the principles and practices for analyzing an

incident to determine both the hazardous substances present and the

basic hazard and response information for each hazardous substance

present.

(D) Review of procedures for implementing actions consistent

with the local emergency response plan, the organization's standard

operating procedures, and the current edition of DOT's ERG including

emergency notification procedures and follow-up communications.

(E) Review of the expected hazards including fire and explosions

hazards, confined space hazards, electrical hazards, powered

equipment hazards, motor vehicle hazards, and walking-working

surface hazards.

(F) Awareness and knowledge of the competencies for the First

Responder at the Awareness Level covered in the National Fire

Protection Association's Standard No. 472, Professional Competence

of Responders to Hazardous Materials Incidents.

(2) First responder operations level.

(A) Review of and demonstration of competency in performing the

applicable skills of 29 CFR 1910.120(q).

(B) Hands-on experience with the U.S. Department of

Transportation's Emergency Response Guidebook (ERG), manufacturer

material safety data sheets, CHEMTREC/CANUTEC, shipper or

manufacturer contacts, and other relevant sources of information

addressing hazardous substance releases. Familiarization with OSHA

standard 29 CFR 1910.1201.

(C) Review of the principles and practices for analyzing an

incident to determine the hazardous substances present, the likely

behavior of the hazardous substance and its container, the types of

hazardous substance transportation containers and vehicles, the

types and selection of the appropriate defensive strategy for

containing the release.

(D) Review of procedures for implementing continuing response

actions consistent with the local emergency response plan, the

organization's standard operating procedures, and the current

edition of DOT's ERG including extended emergency notification

procedures and follow-up communications.

(E) Review of the principles and practice for proper selection

and use of personal protective equipment.

(F) Review of the principles and practice of personnel and

equipment decontamination.

(G) Review of the expected hazards including fire and explosions

hazards, confined space hazards, electrical hazards, powered

equipment hazards, motor vehicle hazards, and walking-working

surface hazards.

(H) Awareness and knowledge of the competencies for the First

Responder at the Operations Level covered in the National Fire

Protection Association's Standard No. 472, Professional Competence

of Responders to Hazardous Materials Incidents.

(3) Hazardous materials technician.

(A) Review of and demonstration of competency in performing the

applicable skills of 29 CFR 1910.120(q).

(B) Hands-on experience with written and electronic information

relative to response decision making including but not limited to

the U.S. Department of Transportation's Emergency Response Guidebook

(ERG), manufacturer material safety data sheets, CHEMTREC/CANUTEC,

shipper or manufacturer contacts, computer data bases and response

models, and other relevant sources of information addressing

hazardous substance releases. Familiarization with OSHA standard 29

CFR 1910.1201.

(C) Review of the principles and practices for analyzing an

incident to determine the hazardous substances present, their

physical and chemical properties, the likely behavior of the

hazardous substance and its container, the types of hazardous

substance transportation containers and vehicles involved in the

release, the appropriate strategy for approaching release sites and

containing the release.

(D) Review of procedures for implementing continuing response

actions consistent with the local emergency response plan, the

organization's standard operating procedures, and the current

edition of DOT's ERG including extended emergency notification

procedures and follow-up communications.

(E) Review of the principles and practice for proper selection

and use of personal protective equipment.

(F) Review of the principles and practices of establishing

exposure zones, proper decontamination and medical surveillance

stations and procedures.

(G) Review of the expected hazards including fire and explosions

hazards, confined space hazards, electrical hazards, powered

equipment hazards, motor vehicle hazards, and walking-working

surface hazards.

(H) Awareness and knowledge of the competencies for the

Hazardous Materials Technician covered in the National Fire

Protection Association's Standard No. 472, Professional Competence

of Responders to Hazardous Materials Incidents.

(4) Hazardous materials specialist.

(A) Review of and demonstration of competency in performing the

applicable skills of 29 CFR 1910.120(q).

(B) Hands-on experience with retrieval and use of written and

electronic information relative to response decision making

including but not limited to the U.S. Department of Transportation's

Emergency Response Guidebook (ERG), manufacturer material safety

data sheets, CHEMTREC/CANUTEC, shipper or manufacturer contacts,

computer data bases and response models, and other relevant sources

of information addressing hazardous substance releases.

Familiarization with OSHA standard 29 CFR 1910.1201.

(C) Review of the principles and practices for analyzing an

incident to determine the hazardous substances present, their

physical and chemical properties, and the likely behavior of the

hazardous substance and its container, vessel, or vehicle.

(D) Review of the principles and practices for identification of

the types of hazardous substance transportation containers, vessels

and vehicles involved in the release; selecting and using the

various types of equipment available for plugging or patching

transportation containers, vessels or vehicles; organizing and

directing the use of multiple teams of hazardous material

technicians and selecting the appropriate strategy for approaching

release sites and containing or stopping the release.

(E) Review of procedures for implementing continuing response

actions consistent with the local emergency response plan, the

organization's standard operating procedures, including knowledge of

the available public and private response resources, establishment

of an incident command post, direction of hazardous material

technician teams, and extended emergency notification procedures and

follow-up communications.

(F) Review of the principles and practice for proper selection

and use of personal protective equipment.

(G) Review of the principles and practices of establishing

exposure zones and proper decontamination, monitoring and medical

surveillance stations and procedures.

(H) Review of the expected hazards including fire and explosions

hazards, confined space hazards, electrical hazards, powered

equipment hazards, motor vehicle hazards, and walking-working

surface hazards.

(I) Awareness and knowledge of the competencies for the Off-site

Specialist Employee covered in the National Fire Protection

Association's Standard No. 472, Professional Competence of

Responders to Hazardous Materials Incidents.

(5) Incident commander.

The incident commander is the individual who, at any one time,

is responsible for and in control of the response effort. This

individual is the person responsible for the direction and

coordination of the response effort. An incident commander's

position should be occupied by the most senior, appropriately

trained individual present at the response site. Yet, as necessary

and appropriate by the level of response provided, the position may

be occupied by many individuals during a particular response as the

need for greater authority, responsibility, or training increases.

It is possible for the first responder at the awareness level to

assume the duties of incident commander until a more senior and

appropriately trained individual arrives at the response site.

Therefore, any emergency responder expected to perform as an

incident commander should be trained to fulfill the obligations of

the position at the level of response they will be providing

including the following:

(A) Ability to analyze a hazardous substance incident to

determine the magnitude of the response problem.

(B) Ability to plan and implement an appropriate response plan

within the capabilities of available personnel and equipment.

(C) Ability to implement a response to favorably change the

outcome of the incident in a manner consistent with the local

emergency response plan and the organization's standard operating

procedures.

(D) Ability to evaluate the progress of the emergency response

to ensure that the response objectives are being met safely,

effectively, and efficiently.

(E) Ability to adjust the response plan to the conditions of the

response and to notify higher levels of response when required by

the changes to the response plan.

PART 1926--CONSTRUCTION SAFETY AND HEALTH STANDARDS

4. The authority citation for Subpart D of Part 1926 is revised to

read as follows:

Authority: Sec. 107, Contract Work Hours and Safety Standards

Act (40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and

Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's

Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR

35736), or 1-90 (55 FR 9033), as applicable.

Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued

under 5 U.S.C. 553 and 29 CFR part 1911.

Section 1926.62 issued under sec. 1031 of the Housing and

Community Development Act of 1992 (sec. 1031, title X, 106 Stat.

3924 (42 U.S.C. 4853).

Section 1926.65 also issued under Sec. 126, Superfund Amendments

and Reauthorization Act of 1986 as amended (29 U.S.C. 655 note), 5

U.S.C. 553, and 29 CFR part 1911.

5. The last two paragraphs of Appendix B to Sec. 1926.65--General

Description and Discussion of the Levels of Protection and Protective

Gear are revised to read as follows:

Appendix B to Sec. 1926.65--General Description and Discussion of the

Levels of Protection and Protective Gear * * *

Note: * * *

As an aid in selecting suitable chemical protective clothing, it

should be noted that the National Fire Protection Association (NFPA)

has developed standards on chemical protective clothing. The

standards that have been adopted by include:

NFPA 1991--Standard on Vapor-Protective Suits for Hazardous

Chemical Emergencies (EPA Level A Protective Clothing).

NFPA 1992--Standard on Liquid Splash-Protective Suits for

Hazardous Chemical Emergencies (EPA Level B Protective Clothing).

NFPA 1993--Standard on Liquid Splash-Protective Suits for Non-

emergency, Non-flammable Hazardous Chemical Situations (EPA Level B

Protective Clothing).

These standards apply documentation and performance requirements

to the manufacture of chemical protective suits. Chemical protective

suits meeting these requirements are labelled as compliant with the

appropriate standard. It is recommended that chemical protective

suits that meet these standards be used.

6. A new non-mandatory appendix is added to 29 CFR 1926.65 to read

as follows:

Appendix to Sec. 1926.65--Training Curriculum Guidelines

The following non-mandatory general criteria may be used for

assistance in developing site-specific training curriculum used to

meet the training requirements of 29 CFR 1926.65(e); 29 CFR

1926.65(p)(7), (p)(8)(iii); and 29 CFR 1926.65(q)(6), (q)(7), and

(q)(8). These are generic guidelines and they are not presented as a

complete training curriculum for any specific employer. Site-

specific training programs must be developed on the basis of a needs

assessment of the hazardous waste site, RCRA/TSDF, or emergency

response operation in accordance with 29 CFR 1926.65.

It is noted that the legal requirements are set forth in the

regulatory text of Sec. 1926.65. The guidance set forth here

presents a highly effective program that in the areas covered would

meet or exceed the regulatory requirements. In addition, other

approaches could meet the regulatory requirements.

Suggested General Criteria

Definitions:

``Competent'' means possessing the skills, knowledge,

experience, and judgment to perform assigned tasks or activities

satisfactorily as determined by the employer.

``Demonstration'' means the showing by actual use of equipment

or procedures.

``Hands-on training'' means training in a simulated work

environment that permits each student to have experience performing

tasks, making decisions, or using equipment appropriate to the job

assignment for which the training is being conducted.

``Initial training'' means training required prior to beginning

work.

``Lecture'' means an interactive discourse with a class lead by

an instructor.

``Proficient'' means meeting a stated level of achievement.

``Site-specific'' means individual training directed to the

operations of a specific job site.

``Training hours'' means the number of hours devoted to lecture,

learning activities, small group work sessions, demonstration,

evaluations, or hands-on experience.

Suggested Core Criteria:

1. Training facility. The training facility should have

available sufficient resources, equipment, and site locations to

perform didactic and hands-on training when appropriate. Training

facilities should have sufficient organization, support staff, and

services to conduct training in each of the courses offered.

2. Training Director. Each training program should be under the

direction of a training director who is responsible for the program.

The Training Director should have a minimum of two years of employee

education experience.

3. Instructors. Instructors should be deem competent on the

basis of previous documented experience in their area of

instruction, successful completion of a ``train-the-trainer''

program specific to the topics they will teach, and an evaluation of

instructional competence by the Training Director.

Instructors should be required to maintain professional

competency by participating in continuing education or professional

development programs or by completing successfully an annual

refresher course and having an annual review by the Training

Director.

The annual review by the Training Director should include

observation of an instructor's delivery, a review of those

observations with the trainer, and an analysis of any instructor or

class evaluations completed by the students during the previous

year.

4. Course materials. The Training Director should approve all

course materials to be used by the training provider. Course

materials should be reviewed and updated at least annually.

Materials and equipment should be in good working order and

maintained properly.

All written and audio-visual materials in training curricula

should be peer reviewed by technically competent outside reviewers

or by a standing advisory committee.

Reviews should possess expertise in the following disciplines

were applicable: occupational health, industrial hygiene and safety,

chemical/environmental engineering, employee education, or emergency

response. One or more of the peer reviewers should be a employee

experienced in the work activities to which the training is

directed.

5. Students. The program for accepting students should include:

a. Assurance that the student is or will be involved in work

where chemical exposures are likely and that the student possesses

the skills necessary to perform the work.

b. A policy on the necessary medical clearance.

6. Ratios. Student-instructor ratios should not exceed 30

students per instructor. Hands-on activity requiring the use of

personal protective equipment should have the following student-

instructor ratios. For Level C or Level D personal protective

equipment the ratio should be 10 students per instructor. For Level

A or Level B personal protective equipment the ratio should be 5

students per instructor.

7. Proficiency assessment. Proficiency should be evaluated and

documented by the use of a written assessment and a skill

demonstration selected and developed by the Training Director and

training staff. The assessment and demonstration should evaluate the

knowledge and individual skills developed in the course of training.

The level of minimum achievement necessary for proficiency shall be

specified in writing by the Training Director.

If a written test is used, there should be a minimum of 50

questions. If a written test is used in combination with a skills

demonstration, a minimum of 25 questions should be used. If a skills

demonstration is used, the tasks chosen and the means to rate

successful completion should be fully documented by the Training

Director.

The content of the written test or of the skill demonstration

shall be relevant to the objectives of the course. The written test

and skill demonstration should be updated as necessary to reflect

changes in the curriculum and any update should be approved by the

Training Director.

The proficiency assessment methods, regardless of the approach

or combination of approaches used, should be justified, document and

approved by the Training Director.

The proficiency of those taking the additional courses for

supervisors should be evaluated and document by using proficiency

assessment methods acceptable to the Training Director. These

proficiency assessment methods must reflect the additional

responsibilities borne by supervisory personnel in hazardous waste

operations or emergency response.

8. Course certificate. Written documentation should be provided

to each student who satisfactorily completes the training course.

The documentation should include:

a. Student's name.

b. Course title.

c. Course date.

d. Statement that the student has successfully completed the

course.

e. Name and address of the training provider.

f. An individual identification number for the certificate.

g. List of the levels of personal protective equipment used by

the student to complete the course.

This documentation may include a certificate and an appropriate

wallet-sized laminated card with a photograph of the student and the

above information. When such course certificate cards are used, the

individual identification number for the training certificate should

be shown on the card.

9. Recordkeeping. Training providers should maintain records

listing the dates courses were presented, the names of the

individual course attenders, the names of those students

successfully completing each course, and the number of training

certificates issued to each successful student. These records should

be maintained for a minimum of five years after the date an

individual participated in a training program offered by the

training provider. These records should be available and provided

upon the student's request or as mandated by law.

10. Program quality control. The Training Director should

conduct or direct an annual written audit of the training program.

Program modifications to address deficiencies, if any, should be

documented, approved, and implemented by the training provider. The

audit and the program modification documents should be maintained at

the training facility.

Suggested Program Quality Control Criteria

Factors listed here are suggested criteria for determining the

quality and appropriateness of employee health and safety training

for hazardous waste operations and emergency response.

A. Training Plan.

Adequacy and appropriateness of the training program's

curriculum development, instructor training, distribution of course

materials, and direct student training should be considered,

including

1. The duration of training, course content, and course

schedules/agendas;

2. The different training requirements of the various target

populations, as specified in the appropriate generic training

curriculum;

3. The process for the development of curriculum, which includes

appropriate technical input, outside review, evaluation, program

pretesting.

4. The adequate and appropriate inclusion of hands-on,

demonstration, and instruction methods;

5. Adequate monitoring of student safety, progress, and

performance during the training.

B. Program management, Training Director, staff, and

consultants.

Adequacy and appropriateness of staff performance and delivering

an effective training program should be considered, including

1. Demonstration of the training director's leadership in

assuring quality of health and safety training.

2. Demonstration of the competency of the staff to meet the

demands of delivering high quality hazardous waste employee health

and safety training.

3. Organization charts establishing clear lines of authority.

4. Clearly defined staff duties including the relationship of

the training staff to the overall program.

5. Evidence that the training organizational structure suits the

needs of the training program.

6. Appropriateness and adequacy of the training methods used by

the instructors.

7. Sufficiency of the time committed by the training director

and staff to the training program.

8. Adequacy of the ratio of training staff to students.

9. Availability and commitment of the training program of

adequate human and equipment resources in the areas of

a. Health effects,

b. Safety,

c. Personal protective equipment (PPE),

d. Operational procedures,

e. Employee protection practices/procedures.

10. Appropriateness of management controls.

11. Adequacy of the organization and appropriate resources

assigned to assure appropriate training.

12. In the case of multiple-site training programs, adequacy of

satellite centers management.

C. Training facilities and resources.

Adequacy and appropriateness of the facilities and resources for

supporting the training program should be considered, including,

1. Space and equipment to conduct the training.

2. Facilities for representative hands-on training.

3. In the case of multiple-site programs, equipment and

facilities at the satellite centers.

4. Adequacy and appropriateness of the quality control and

evaluations program to account for instructor performance.

5. Adequacy and appropriateness of the quality control and

evaluation program to ensure appropriate course evaluation,

feedback, updating, and corrective action.

6. Adequacy and appropriateness of disciplines and expertise

being used within the quality control and evaluation program.

7. Adequacy and appropriateness of the role of student

evaluations to provide feedback for training program improvement.

D. Quality control and evaluation.

Adequacy and appropriateness of quality control and evaluation

plans for training programs should be considered, including:

1. A balanced advisory committee and/or competent outside

reviewers to give overall policy guidance;

2. Clear and adequate definition of the composition and active

programmatic role of the advisory committee or outside reviewers.

3. Adequacy of the minutes or reports of the advisory committee

or outside reviewers' meetings or written communication.

4. Adequacy and appropriateness of the quality control and

evaluations program to account for instructor performance.

5. Adequacy and appropriateness of the quality control and

evaluation program to ensure appropriate course evaluation,

feedback, updating, and corrective action.

6. Adequacy and appropriateness of disciplines and expertise

being used within the quality control and evaluation program.

7. Adequacy and appropriateness of the role of student

evaluations to provide feedback for training program improvement.

E. Students

Adequacy and appropriateness of the program for accepting

students should be considered, including

1. Assurance that the student already possess the necessary

skills for their job, including necessary documentation.

2. Appropriateness of methods the program uses to ensure that

recruits are capable of satisfactorily completing training.

3. Review and compliance with any medical clearance policy.

F. Institutional Environment and Administrative Support

The adequacy and appropriateness of the institutional

environment and administrative support system for the training

program should be considered, including

1. Adequacy of the institutional commitment to the employee

training program.

2. Adequacy and appropriateness of the administrative structure

and administrative support.

G. Summary of Evaluation Questions

Key questions for evaluating the quality and appropriateness of

an overall training program should include the following:

1. Are the program objectives clearly stated?

2. Is the program accomplishing its objectives?

3. Are appropriate facilities and staff available?

4. Is there an appropriate mix of classroom, demonstration, and

hands-on training?

5. Is the program providing quality employee health and safety

training that fully meets the intent of regulatory requirements?

6. What are the program's main strengths?

7. What are the program's main weaknesses?

8. What is recommended to improve the program?

9. Are instructors instructing according to their training

outlines?

10. Is the evaluation tool current and appropriate for the

program content?

11. Is the course material current and relevant to the target

group?

Suggested Training Curriculum Guidelines

The following training curriculum guidelines are for those

operations specifically identified in 29 CFR 1926.65 as requiring

training. Issues such as qualifications of instructors, training

certification, and similar criteria appropriate to all categories of

operations addressed in 1926.65 have been covered in the preceding

section and are not re-addressed in each of the generic guidelines.

Basic core requirements for training programs that are addressed

include

1. General Hazardous Waste Operations

2. RCRA operations--Treatment, storage, and disposal facilities.

3. Emergency Response.

A. General Hazardous Waste Operations and Site-specific Training

1. Off-site training.

Minimum training course content for hazardous waste operations,

required by 29 CFR 1926.65(e), should include the following topics

or procedures:

a. Regulatory knowledge.

(1) A review of 29 CFR 1926.65 and the core elements of an

occupational safety and health program.

(2) The content of a medical surveillance program as outlined in

29 CFR 1926.65(f).

(3) The content of an effective site safety and health plan

consistent with the requirements of 29 CFR 1926.65(b)(4)(ii).

(4) Emergency response plan and procedures as outlined in 29 CFR

1910.38 and 29 CFR 1926.65(l).

(5) Adequate illumination.

(6) Sanitation recommendation and equipment.

(7) Review and explanation of OSHA's hazard-communication

standard (29 CFR 1910.1200) and lock-out-tag-out standard (29 CFR

1910.147).

(8) Review of other applicable standards including but not

limited to those in the construction standards (29 CFR Part 1926).

(9) Rights and responsibilities of employers and employees under

applicable OSHA and EPA laws.

b. Technical knowledge.

(1) Type of potential exposures to chemical, biological, and

radiological hazards; types of human responses to these hazards and

recognition of those responses; principles of toxicology and

information about acute and chronic hazards; health and safety

considerations of new technology.

(2) Fundamentals of chemical hazards including but not limited

to vapor pressure, boiling points, flash points, ph, other physical

and chemical properties.

(3) Fire and explosion hazards of chemicals.

(4) General safety hazards such as but not limited to electrical

hazards, powered equipment hazards, motor vehicle hazards, walking-

working surface hazards, excavation hazards, and hazards associated

with working in hot and cold temperature extremes.

(5) Review and knowledge of confined space entry procedures in

29 CFR 1910.146.

(6) Work practices to minimize employee risk from site hazards.

(7) Safe use of engineering controls, equipment, and any new

relevant safety technology or safety procedures.

(8) Review and demonstration of competency with air sampling and

monitoring equipment that may be used in a site monitoring program.

(9) Container sampling procedures and safeguarding; general drum

and container handling procedures including special requirement for

laboratory waste packs, shock-sensitive wastes, and radioactive

wastes.

(10) The elements of a spill control program.

(11) Proper use and limitations of material handling equipment.

(12) Procedures for safe and healthful preparation of containers

for shipping and transport.

(13) Methods of communication including those used while wearing

respiratory protection.

c. Technical skills.

(1) Selection, use maintenance, and limitations of personal

protective equipment including the components and procedures for

carrying out a respirator program to comply with 29 CFR 1910.134.

(2) Instruction in decontamination programs including personnel,

equipment, and hardware; hands-on training including level A, B, and

C ensembles and appropriate decontamination lines; field activities

including the donning and doffing of protective equipment to a level

commensurate with the employee's anticipated job function and

responsibility and to the degree required by potential hazards.

(3) Sources for additional hazard information; exercises using

relevant manuals and hazard coding systems.

d. Additional suggested items.

(1) A laminated, dated card or certificate with photo, denoting

limitations and level of protection for which the employee is

trained should be issued to those students successfully completing a

course.

(2) Attendance should be required at all training modules, with

successful completion of exercises and a final written or oral

examination with at least 50 questions.

(3) A minimum of one-third of the program should be devoted to

hands-on exercises.

(4) A curriculum should be established for the 8-hour refresher

training required by 29 CFR 1926.65(e)(8), with delivery of such

courses directed toward those areas of previous training that need

improvement or reemphasis.

(5) A curriculum should be established for the required 8-hour

training for supervisors. Demonstrated competency in the skills and

knowledge provided in a 40-hour course should be a prerequisite for

supervisor training.

2. Refresher training.

The 8-hour annual refresher training required in 29 CFR

1926.65(e)(8) should be conducted by qualified training providers.

Refresher training should include at a minimum the following topics

and procedures:

(a) Review of and retraining on relevant topics covered in the

40-hour program, as appropriate, using reports by the students on

their work experiences.

(b) Update on developments with respect to material covered in

the 40-hour course.

(c) Review of changes to pertinent provisions of EPA or OSHA

standards or laws.

(d) Introduction of additional subject areas as appropriate.

(e) Hands-on review of new or altered PPE or decontamination

equipment or procedures. Review of new developments in personal

protective equipment.

(f) Review of newly developed air and contaminant monitoring

equipment.

3. On-site training.

a. The employer should provide employees engaged in hazardous

waste site activities with information and training prior to initial

assignment into their work area, as follows:

(1) The requirements of the hazard communication program

including the location and availability of the written program,

required lists of hazardous chemicals, and material safety data

sheets.

(2) Activities and locations in their work area where hazardous

substance may be present.

(3) Methods and observations that may be used to detect the

present or release of a hazardous chemical in the work area (such as

monitoring conducted by the employer, continuous monitoring devices,

visual appearances, or other evidence (sight, sound or smell) of

hazardous chemicals being released, and applicable alarms from

monitoring devices that record chemical releases.

(4) The physical and health hazards of substances known or

potentially present in the work area.

(5) The measures employees can take to help protect themselves

from work-site hazards, including specific procedures the employer

has implemented.

(6) An explanation of the labeling system and material safety

data sheets and how employees can obtain and use appropriate hazard

information.

(7) The elements of the confined space program including special

PPE, permits, monitoring requirements, communication procedures,

emergency response, and applicable lock-out procedures.

b. The employer should provide hazardous waste employees

information and training and should provide a review and access to

the site safety and plan as follows:

(1) Names of personnel and alternate responsible for site safety

and health.

(2) Safety and health hazards present on the site.

(3) Selection, use, maintenance, and limitations of personal

protective equipment specific to the site.

(4) Work practices by which the employee can minimize risks from

hazards.

(5) Safe use of engineering controls and equipment available on

site.

(6) Safe decontamination procedures established to minimize

employee contact with hazardous substances, including:

(A) Employee decontamination,

(B) Clothing decontamination, and

(C) Equipment decontamination.

(7) Elements of the site emergency response plan, including:

(A) Pre-emergency planning.

(B) Personnel roles and lines of authority and communication.

(C) Emergency recognition and prevention.

(D) Safe distances and places of refuge.

(E) Site security and control.

(F) Evacuation routes and procedures.

(G) Decontamination procedures not covered by the site safety

and health plan.

(H) Emergency medical treatment and first aid.

(I) Emergency equipment and procedures for handling emergency

incidents.

c. The employer should provide hazardous waste employees

information and training on personal protective equipment used at

the site, such as the following:

(1) PPE to be used based upon known or anticipated site hazards.

(2) PPE limitations of materials and construction; limitations

during temperature extremes, heat stress, and other appropriate

medical considerations; use and limitations of respirator equipment

as well as documentation procedures as outlined in 29 CFR 1910.134.

(3) PPE inspection procedures prior to, during, and after use.

(4) PPE donning and doffing procedures.

(5) PPE decontamination and disposal procedures.

(6) PPE maintenance and storage.

(7) Task duration as related to PPE limitations.

d. The employer should instruct the employee about the site

medical surveillance program relative to the particular site,

including

(1) Specific medical surveillance programs that have been

adapted for the site.

(2) Specific signs and symptoms related to exposure to hazardous

materials on the site.

(3) The frequency and extent of periodic medical examinations

that will be used on the site.

(4) Maintenance and availability of records.

(5) Personnel to be contacted and procedures to be followed when

signs and symptoms of exposures are recognized.

e. The employees will review and discuss the site safety plan as

part of the training program. The location of the site safety plan

and all written programs should be discussed with employees

including a discussion of the mechanisms for access, review, and

references described.

B. RCRA Operations Training for Treatment, Storage and Disposal

Facilities.

1. As a minimum, the training course required in 29 CFR 1926.65

(p) should include the following topics:

(a) Review of the applicable paragraphs of 29 CFR 1926.65 and

the elements of the employer's occupational safety and health plan.

(b) Review of relevant hazards such as, but not limited to,

chemical, biological, and radiological exposures; fire and explosion

hazards; thermal extremes; and physical hazards.

(c) General safety hazards including those associated with

electrical hazards, powered equipment hazards, lock-out-tag-out

procedures, motor vehicle hazards and walking-working surface

hazards.

(d) Confined-space hazards and procedures.

(e) Work practices to minimize employee risk from workplace

hazards.

(f) Emergency response plan and procedures including first aid

meeting the requirements of paragraph (p)(8).

(g) A review of procedures to minimize exposure to hazardous

waste and various type of waste streams, including the materials

handling program and spill containment program.

(h) A review of hazard communication programs meeting the

requirements of 29 CFR 1910.1200.

(i) A review of medical surveillance programs meeting the

requirements of 29 CFR 1926.65(p)(3) including the recognition of

signs and symptoms of overexposure to hazardous substance including

known synergistic interactions.

(j) A review of decontamination programs and procedures meeting

the requirements of 29 CFR 1926.65(p)(4).

(k) A review of an employer's requirements to implement a

training program and its elements.

(l) A review of the criteria and programs for proper selection

and use of personal protective equipment, including respirators.

(m) A review of the applicable appendices to 29 CFR 1926.65.

(n) Principles of toxicology and biological monitoring as they

pertain to occupational health.

(o) Rights and responsibilities of employees and employers under

applicable OSHA and EPA laws.

(p) Hands-on exercises and demonstrations of competency with

equipment to illustrate the basic equipment principles that may be

used during the performance of work duties, including the donning

and doffing of PPE.

(q) Sources of reference, efficient use of relevant manuals, and

knowledge of hazard coding systems to include information contained

in hazardous waste manifests.

(r) At least 8 hours of hands-on training.

(s) Training in the job skills required for an employee's job

function and responsibility before they are permitted to participate

in or supervise field activities.

2. The individual employer should provide hazardous waste

employees with information and training prior to an employee's

initial assignment into a work area. The training and information

should cover the following topics:

(a) The Emergency response plan and procedures including first

aid.

(b) A review of the employer's hazardous waste handling

procedures including the materials handling program and elements of

the spill containment program, location of spill response kits or

equipment, and the names of those trained to respond to releases.

(c) The hazardous communication program meeting the requirements

of 29 CFR 1910.1200.

(d) A review of the employer's medical surveillance program

including the recognition of signs and symptoms of exposure to

relevant hazardous substance including known synergistic

interactions.

(e) A review of the employer's decontamination program and

procedures.

(f) An review of the employer's training program and the parties

responsible for that program.

(g) A review of the employer's personal protective equipment

program including the proper selection and use of PPE based upon

specific site hazards.

(h) All relevant site-specific procedures addressing potential

safety and health hazards. This may include, as appropriate,

biological and radiological exposures, fire and explosion hazards,

thermal hazards, and physical hazards such as electrical hazards,

powered equipment hazards, lock-out-tag-out hazards, motor vehicle

hazards, and walking-working surface hazards.

(i) Safe use engineering controls and equipment on site.

(j) Names of personnel and alternates responsible for safety and

health.

C. Emergency response training.

Federal OSHA standards in 29 CFR 1926.65(q) are directed toward

private sector emergency responders. Therefore, the guidelines

provided in this portion of the appendix are directed toward that

employee population. However, they also impact indirectly through

State OSHA or USEPA regulations some public sector emergency

responders. Therefore, the guidelines provided in this portion of

the appendix may be applied to both employee populations.

States with OSHA state plans must cover their employees with

regulations at least as effective as the Federal OSHA standards.

Public employees in states without approved state OSHA programs

covering hazardous waste operations and emergency response are

covered by the U.S. EPA under 40 CFR 311, a regulation virtually

identical to Sec. 1926.65.

Since this is a non-mandatory appendix and therefore not an

enforceable standard, OSHA recommends that those employers,

employees or volunteers in public sector emergency response

organizations outside Federal OSHA jurisdiction consider the

following criteria in developing their own training programs. A

unified approach to training at the community level between

emergency response organizations covered by Federal OSHA and those

not covered directly by Federal OSHA can help ensure an effective

community response to the release or potential release of hazardous

substances in the community.

a. General considerations.

Emergency response organizations are required to consider the

topics listed in Sec. 1926.65(q)(6). Emergency response

organizations may use some or all of the following topics to

supplement those mandatory topics when developing their response

training programs. Many of the topics would require an interaction

between the response provider and the individuals responsible for

the site where the response would be expected.

(1) Hazard recognition, including:

(A) Nature of hazardous substances present,

(B) Practical applications of hazard recognition, including

presentations on biology, chemistry, and physics.

(2) Principles of toxicology, biological monitoring, and risk

assessment.

(3) Safe work practices and general site safety.

(4) Engineering controls and hazardous waste operations.

(5) Site safety plans and standard operating procedures.

(6) Decontamination procedures and practices.

(7) Emergency procedures, first aid, and self-rescue.

(8) Safe use of field equipment.

(9) Storage, handling, use and transportation of hazardous

substances.

(10) Use, care, and limitations of personal protective

equipment.

(11) Safe sampling techniques.

(12) Rights and responsibilities of employees under OSHA and

other related laws concerning right-to-know, safety and health,

compensations and liability.

(13) Medical monitoring requirements.

(14) Community relations.

b. Suggested criteria for specific courses.

(1) First responder awareness level.

(A) Review of and demonstration of competency in performing the

applicable skills of 29 CFR 1926.65(q).

(B) Hands-on experience with the U.S. Department of

Transportation's Emergency Response Guidebook (ERG) and

familiarization with OSHA standard 29 CFR 1926.60.

(C) Review of the principles and practices for analyzing an

incident to determine both the hazardous substances present and the

basic hazard and response information for each hazardous substance

present.

(D) Review of procedures for implementing actions consistent

with the local emergency response plan, the organization's standard

operating procedures, and the current edition of DOT's ERG including

emergency notification procedures and follow-up communications.

(E) Review of the expected hazards including fire and explosions

hazards, confined space hazards, electrical hazards, powered

equipment hazards, motor vehicle hazards, and walking-working

surface hazards.

(F) Awareness and knowledge of the competencies for the First

Responder at the Awareness Level covered in the National Fire

Protection Association's Standard No. 472, Professional Competence

of Responders to Hazardous Materials Incidents.

(2) First responder operations level.

(A) Review of and demonstration of competency in performing the

applicable skills of 29 CFR 1926.65(q).

(B) Hands-on experience with the U.S. Department of

Transportation's Emergency Response Guidebook (ERG), manufacturer

material safety data sheets, CHEMTREC/CANUTEC, shipper or

manufacturer contacts and other relevant sources of information

addressing hazardous substance releases. Familiarization with OSHA

standard 29 CFR 1926.60.

(C) Review of the principles and practices for analyzing an

incident to determine the hazardous substances present, the likely

behavior of the hazardous substance and its container, the types of

hazardous substance transportation containers and vehicles, the

types and selection of the appropriate defensive strategy for

containing the release.

(D) Review of procedures for implementing continuing response

actions consistent with the local emergency response plan, the

organization's standard operating procedures, and the current

edition of DOT's ERG including extended emergency notification

procedures and follow-up communications.

(E) Review of the principles and practice for proper selection

and use of personal protective equipment.

(F) Review of the principles and practice of personnel and

equipment decontamination.

(G) Review of the expected hazards including fire and explosions

hazards, confined space hazards, electrical hazards, powered

equipment hazards, motor vehicle hazards, and walking-working

surface hazards.

(H) Awareness and knowledge of the competencies for the First

Responder at the Operations Level covered in the National Fire

Protection Association's Standard No. 472, Professional Competence

of Responders to Hazardous Materials Incidents.

(3) Hazardous materials technician.

(A) Review of and demonstration of competency in performing the

applicable skills of 29 CFR 1926.65(q).

(B) Hands-on experience with written and electronic information

relative to response decision making including but not limited to

the U.S. Department of Transportation's Emergency Response Guidebook

(ERG), manufacturer material safety data sheets, CHEMTREC/CANUTEC,

shipper or manufacturer contacts, computer data bases and response

models, and other relevant sources of information addressing

hazardous substance releases. Familiarization with 29 CFR 1926.60.

(C) Review of the principles and practices for analyzing an

incident to determine the hazardous substances present, their

physical and chemical properties, the likely behavior of the

hazardous substance and its container, the types of hazardous

substance transportation containers and vehicles involved in the

release, the appropriate strategy for approaching release sites and

containing the release.

(D) Review of procedures for implementing continuing response

actions consistent with the local emergency response plan, the

organization's standard operating procedures, and the current

edition of DOT's ERG including extended emergency notification

procedures and follow-up communications.

(E) Review of the principles and practice for proper selection

and use of personal protective equipment.

(F) Review of the principles and practices of establishing

exposure zones, proper decontamination and medical surveillance

stations and procedures.

(G) Review of the expected hazards including fire and explosions

hazards, confined space hazards, electrical hazards, powered

equipment hazards, motor vehicle hazards, and walking-working

surface hazards.

(H) Awareness and knowledge of the competencies for the

Hazardous Materials Technician covered in the National Fire

Protection Association's Standard No. 472, Professional Competence

of Responders to Hazardous Materials Incidents.

(4) Hazardous materials specialist.

(A) Review of and demonstration of competency in performing the

applicable skills of 29 CFR 1926.65(q).

(B) Hands-on experience with retrieval and use of written and

electronic information relative to response decision making

including but not limited to the U.S. Department of Transportation's

Emergency Response Guidebook (ERG), manufacturer material safety

data sheets, CHEMTREC/CANUTEC, shipper or manufacturer contacts,

computer data bases and response models, and other relevant sources

of information addressing hazardous substance releases.

Familiarization with 29 CFR 1926.60.

(C) Review of the principles and practices for analyzing an

incident to determine the hazardous substances present, their

physical and chemical properties, and the likely behavior of the

hazardous substance and its container, vessel, or vehicle.

(D) Review of the principles and practices for identification of

the types of hazardous substance transportation containers, vessels

and vehicles involved in the release; selecting and using the

various types of equipment available for plugging or patching

transportation containers, vessels or vehicles; organizing and

directing the use of multiple teams of hazardous material

technicians and selecting the appropriate strategy for approaching

release sites and containing or stopping the release.

(E) Review of procedures for implementing continuing response

actions consistent with the local emergency response plan, the

organization's standard operating procedures, including knowledge of

the available public and private response resources, establishment

of an incident command post, direction of hazardous material

technician teams, and extended emergency notification procedures and

follow-up communications.

(F) Review of the principles and practice for proper selection

and use of personal protective equipment.

(G) Review of the principles and practices of establishing

exposure zones and proper decontamination, monitoring and medical

surveillance stations and procedures.

(H) Review of the expected hazards including fire and explosions

hazards, confined space hazards, electrical hazards, powered

equipment hazards, motor vehicle hazards, and walking-working

surface hazards.

(I) Awareness and knowledge of the competencies for the Off-site

Specialist Employee covered in the National Fire Protection

Association's Standard No. 472, Professional Competence of

Responders to Hazardous Materials Incidents.

(5) Incident commander.

The incident commander is the individual who, at any one time,

is responsible for and in control of the response effort. This

individual is the person responsible for the direction and

coordination of the response effort. An incident commander's

position should be occupied by the most senior, appropriately

trained individual present at the response site. Yet, as necessary

and appropriate by the level of response provided, the position may

be occupied by many individuals during a particular response as the

need for greater authority, responsibility, or training increases.

It is possible for the first responder at the awareness level to

assume the duties of incident commander until a more senior and

appropriately trained individual arrives at the response site.

Therefore, any emergency responder expected to perform as an

incident commander should be trained to fulfill the obligations of

the position at the level of response they will be providing

including the following:

(A) Ability to analyze a hazardous substance incident to

determine the magnitude of the response problem.

(B) Ability to plan and implement an appropriate response plan

within the capabilities of available personnel and equipment.

(C) Ability to implement a response to favorably change the

outcome of the incident in a manner consistent with the local

emergency response plan and the organization's standard operating

procedures.

(D) Ability to evaluate the progress of the emergency response

to ensure that the response objectives are being met safely,

effectively, and efficiently.

(E) Ability to adjust the response plan to the conditions of the

response and to notify higher levels of response when required by

the changes to the response plan.

[FR Doc. 94-20468 Filed 8-19-94; 8:45 am]

BILLING CODE 4510-26-F

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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