94-20468. Hazardous Waste Operations and Emergency Response; Final Rule DEPARTMENT OF LABOR  

  • [Federal Register Volume 59, Number 161 (Monday, August 22, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-20468]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 22, 1994]
    
    
    _______________________________________________________________________
    
    Part VI
    
    
    
    
    
    Department of Labor
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Occupational Safety and Health Administration
    
    
    
    _______________________________________________________________________
    
    
    
    29 CFR Parts 1910 and 1926
    
    
    
    
    Hazardous Waste Operations and Emergency Response; Final Rule
    DEPARTMENT OF LABOR
    
    Occupational Safety and Health Administration
    
    29 CFR Parts 1910 and 1926
    
     
    Hazardous Waste Operations and Emergency Response
    
    AGENCY: Occupational Safety and Health Administration (OSHA).
    
    ACTION: Final rule.
    
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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
    
    
    

Document Information

Effective Date:
9/21/1994
Published:
08/22/1994
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-20468
Dates:
The effective date for this notice is September 21, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 22, 1994