By John Defillippo, CHMP

Do you have hazardous chemicals in your workplace? If you think the answer is no, are you sure?

OSHA defines a hazardous chemical as one that presents either a physical or a health hazard. Many common and readily available products such as paints, cleaners, and other materials found in the workplace meet this definition. In fact, last year OSHA issued over 6,300 violations to companies that failed to comply with this standard. As we noted in a previous blog, non-compliance with the Hazard Communication standard was the third-largest source of OSHA violations in 2009 and 2010!

If you are an employer, you have a legal obligation to provide a workplace that is free of recognized hazards and to communicate any hazards present to those in the workplace.  In 1985, OSHA established the Hazard Communication Standard (1910.1200) to ensure, in part, that all workers have the “right-to-know” about the hazardous chemicals in their workplace.

Essentially, employees have a Right-to-Know about any hazardous substances that they may come into contact with at work and how to protect themselves from adverse affects. Employees, for their part, have a responsibility to follow directions and work safely by using products for their intended purpose and in accordance with the manufacturer’s instructions to reduce risk and chance of exposure. This is where the Hazard Communication Standard “kicks in”, as all workplace information about hazardous substances needs to be in a Written Hazard Communication Program.  This “HazCom” program must contain

• A list of all hazardous chemicals in the workplace and a Material Safety Data Sheets (MSDS) for each chemical (or product) on that list
• All employees must have access to that list and the MSDS’s during their work shift
• Methods to communicate hazards of these chemicals to employees, on-site contractors and visitors such as signs and labels
• Records showing that all employees have been properly trained to understand the hazards, read the MSDSs and understand labeling and signs.

In addition to the federal OSHA requirements for labeling, the State of New Jersey has specific labeling requirements for all vessels, piping and containers that contain hazardous chemicals.

So, do you have hazardous chemicals in your workplace? Are you rethinking your answer?

If you have products that arrive with an MSDS, and you have not implemented a written HazCom Program, you’ll need to get a program in place to be OSHA compliant. If you have been following the standard, consider the following:

• Are you keeping up with its requirements?
• When was the last time your HazCom Program was reviewed?
• Is your hazardous chemical list and MSDS collection up-to-date?
• Do you know what OSHA considers “Hazardous”?
• Is every hazardous chemical container labeled properly – even the transfer containers?
• Are ALL your employees trained about the workings of your HazCom program and the hazards of each chemical in their workplace?

Now do you know the answer? Or, do you have more questions?

If you are confused or intimidated, don’t worry.  A great resource is the Institute of Hazardous Materials Managers which certifies individuals as Hazardous Materials Managers (CHMM) and Hazardous Materials Practitioners (CHMP). These trained professionals must demonstrate various levels of knowledge, expertise, and excellence in the management of hazardous materials. And, there are EHS (Environmental, Health and Safety) experts like Emilcott everywhere – their job is to help companies stay in compliance with state and federal regulations while protecting employees. No matter what resource you find, just ask if they are experienced in developing Hazardous Communication programs. Not only will workers stay health and safety, you’ll see added benefits like prevention of property damage, reduced insurance claims and costs, and, of course, your company will not be cited for OSHA’s third most-common violation!

Have you found any chemicals in your workplace that you didn’t know are hazardous? Does your “right-to-know” increase your job comfort level or concern you? And, have you carefully reviewed the company HazCom plan so that you understand “what to do if…”?

By Don Hoeschele, MS, CHMM

In an age where we are reliant on modern technology as a part of our job, it is difficult to imagine not being able to use your cell phone or access the Internet because of topography.  As the Field Safety Manager for a 300-mile electric power transmission power line construction project, one of my first tasks was to address the question “How do you make communication possible across 275 miles of relatively unpopulated, harsh mountainous territory”?  Specifically, I had to meet OSHA’s requirements for communication:  29 CFR 1926.35 “Employee Emergency Action Plans” and 29 CFR 1926.50 “Medical Services and First Aid”.  

For a project health and safety administrator, it is vital to be able to communicate with your team members and with outside resources. How do you keep tabs on who is where and what is happening? How do you find if something has gone wrong or someone needs help?  In fact, these are the reasons that OSHA implemented the Standards listed above – life and death situations may depend upon it!

On this particular project, numerous construction crews were working at different, extremely remote locations with a distance of several miles between each work crew. While the power line tower construction and electric line-stringing companies included requirements for an eventual end-to-end 2-way radio system, the system was not available for at least the first year of the project. And, since cell phones and the average two-way radio systems were not able to be consistently or reliably available to meet the communication needs required for this project, I needed to find an alternative. 

After digging around and countless meetings, calls, and trips to all kinds of communications companies, we settled on a resourceful, cost-conscious and effective method of communicating between the crews, safety personnel, surveyors and managers. The end result was a creative mix of new technologies:

• Cell phone signal boosters in each vehicle in the field
• GPS SPOT locator units for each  crew
• New technology satellite phones for work crews heading into the most remote locations.  

The vendor that built these systems also owned many of the frequencies needed for an end-to-end two-way radio system that would reach across the 275-mile project location.

Of course, the system’s effectiveness had to be proven – we were relying on it! So, I spent hours deep in the mountains field testing the equipment in some of the most remote project locations I have ever seen. Luckily, I was helped by some of the project team members who had spent a great deal of time in this area. Experience also helps communication!

This project had unusual difficulties – a big, remote, mountainous and unpopulated area – that could have thwarted OSHA’s communication requirements.  At any time, it would have been easy to throw in the towel, cross our fingers or perhaps put together a patched-together system and hope it worked.  However, with some tenacious ingenuity and a confidence that a reliable health and safety communication system could be found, we were able to overcome the almost overwhelming challenges and put an effective field communication system into place.

Have you been faced with challenges to provide adequate communication systems for your employees?  What has made a job site seem almost impossible to conquer? What did you do to overcome those challenges?

“Every day there are more than 800,000 shipments of hazardous materials (hazmat) in trucks-usually flammable liquids, such as gasoline, or flammable gas. About 200 hazmat trucks a year are involved in fatal crashes and 5,000 in nonfatal crashes. Although these numbers are small relative to the totals of almost 5,000 trucks involved in fatal crashes and 400,000 involved in nonfatal crashes annually, the potential for human injury and property damage in hazmat crashes is much greater.”

Ralph Craft, Ph.D.
Analysis Division, Office of Information Management, US Department of Transportation

800,000 daily shipments of hazardous materials = about 4 BILLION TONS every year!  There are about 5,200 truck crashes involving these shipments annually. When you do the math, well over 99% of these hazmat shipments make it to their destinations with no problems. Why? One primary factor is training specific to the laws  directing the handling, shipping and transporting hazardous materials.  According to federal law, if you ship or transport hazardous materials, or are involved with pretty much any aspect of it, you are required to complete proper training.  Why? It is the shipper’s responsibility to ensure each hazardous material package or box — no matter how it is transported – is in compliance with applicable DOT regulations.

Ground Transportation

Training for the ground transportation of hazardous materials is specified by the DOT (Department of Transportation) to ensure that federal laws are understood and followed.  This training must include

• General Awareness of the regulations and hazard identification,
• Function-specific curriculum by the employer to determine the appropriate level based upon the employee’s duties AND the hazards involved.  
• Emergency response information required by the regulation
• Measures to protect the employee and others from the hazards associated with hazardous materials
• Methods and procedures for avoiding accidents
• Proper procedures for handling packages containing hazardous materials
• Security awareness training

The DOT training must be completed within 90 days of a person starting a hazmat job AND the DOT training must be documented and refreshed every 3 years. This rule includes drivers, even if they are owner-operators.

Shipping by Air, Too?

The Federal Aviation Administration (FAA) has jurisdiction over how you handle and transport hazardous materials by air.

“Ensuring that undeclared dangerous goods do not get on board an aircraft is one of many key objectives of IATA’s dangerous goods program. By defining standards for documentation, handling and training, and by actively promoting the adoption and use of those standards by the air cargo industry, a very high degree of safety has been achieved in dangerous goods transport.”

These requirements are set by the International Air Transport Association (IATA) Dangerous Goods Regulations.  After initial training, refresher training is required WITHIN 2 years if you ship by air — domestic or international. 

Hazmat transport on the ground or in the air is serious business.

Don’t think training matters? Consider these consequences for non-compliance! 

• Shippers and transporters are subject to inspection by DOT and or FAA investigators. Training records are one of the first things they’ll ask for. Fines can range up to $250,000.00, and imprisonment is a possibility. 
• If there is an accident or incident, employee training logs as well as contributing health and safety policies will be closely examined to determine fault, penalties, fines and other actions.
• Liability and workers compensation rates are effected by both incident and accident levels.
• Business disruption and reputation damage are factors to consider as well.
• Ignorance of the law…not a legal excuse!

As an example, I know of one case where a small quantity of hazardous material found its way, undeclared, onto an aircraft. Proposed penalty: $225,000 (without accident, injury or loss of life). Add to this the bad PR – employees, vendors and the public will know that your actions may have caused injury or death — and the importance of compliance becomes apparent.  

The most common scenario that we encounter at Emilcott is prepackaging.  Whether it’s a sample or a small amount, a hazardous material is casually boxed and labeled by someone who is unaware of DOT/IATA rules. And the shipping person has no idea what’s inside…and doesn’t ask. With proper DOT/IATA training, everyone from the shipping clerk up to management understands the processes for ensuring that packages get delivered safely from points A to B without endangering workers, drivers, and public on its way.

Are you trained properly? What about the rest of your company?

Are you shipping products that may be hazardous?  Do you even know how to find out? Is your training up-to-date with the Refresher courses mandated by the DOT and FAA?  Have you considered the cascade of repercussions that shipping one package incorrectly could cause for your company or fellow workers?   The bottom line?  Only trained persons are permitted to be involved with the transportation of hazardous materials.  It is what makes the process work safely…for everyone!   Get DOT and IATA training today – to protect yourself and the public.

Emilcott offers two different HazMat transporation (DOT/IATA) training courses:  

4-Hour REFRESHER to DOT/IATA

This half-day Refresher course trains workers to comply with DOT/IATA regulations for the ground (DOT) and air (IATA) handling, shipping or storage of hazardous materials and waste. It is particularly valuable for those with any responsibilities for health and safety at their job sites. If you have already had Initial DOT/IATA training, you must attend a DOT Refresher every three years and every two years for IATA.

6-Hour INTRODUCTION to DOT & IATA Compliance

Presented as a hands-on workshop, the Emilcott 6-Hr Initial DOT/IATA training course covers the intentions and basics of the DOT Hazardous Materials regulation and the IATA requirements for air shipments. Students will learn about the Hazardous Materials Table, shipping papers, determining the proper shipping name, emergency information, packaging and transportation and meets the initial training requirements of both 49 CFR 172.704 and DGR 1.5.0.

Another calendar year is drawing to a close; where does the time go?  As I plan my own holiday celebrations and commitments, environmental professionals like me have another type of planning to keep in mind.  With the start of each new year, we face regulatory submission deadlines reporting data from the past year including Submission of the EPA Community Right to Know (CRTK) Survey — a Federal act with each state managing their own program due March 1^st and EPA Toxics Release Inventory (TRI) due July 1^st.

Just like Christmas shopping, the compilation and reporting process is less stressful and yields better results if I begin early and develop a strategy with deadlines in mind.  As such, here is my personal January 1^st kick-off list that should make the time-consuming process of CRTK and TRI reporting easier to handle.   

1)      Start requesting and gathering all the information needed for these submittals.

1. 2010 purchasing records of the chemicals you are reporting
2. 2010 production logs where these chemicals are used
3. 2010 waste information
4. 2010 recycling information for any reported chemicals that were recycled
5. 2010 air emission inventory

2)      Develop and write down a comprehensive set of due dates so that you have time to review information as it comes in. If the requested data is late, have a plan to follow up or find another source because the deadline is not going to change!

3)      Review the rules early to avoid unpleasant surprises.  For example, The Environmental Protection Agency (EPA) finalized a rule effective November 10, 2010 which added 16 chemicals to the list of TRI reportable chemicals.  To ensure that you are reporting what you need to report, check the TRI database on the EPA website:  http://www.epa.gov/tri/trichemicals/index.htm.

4)      Allow time for anomalies and additional fact-finding. As Charles Peruffo described in a recent EHSWire blog about filing the NJ PPA, reported amounts from different sources may not match. If you find that is the case, it’s your job to figure out why and that always adds more time to the already challenging process.

Emilcott’s clients depend on our environmental knowledge and organizational capabilities to gather the required information on time and give them fair warning if there is trouble ahead.  My best advice for successful reporting-don’t wait until the last minute.  Much like shopping for Christmas on Dec 24th, waiting until February to gather the information for the CRTK or starting in June for the TRI will be stressful and could result in costly errors. So, what am I doing today?  Like Santa, I’m checking my own list twice! 

Have you been meeting the CRTK and TRI deadline? If yes, can you offer additional advice or do you have particular steps that you take to get the submission process rolling?

The Pollution Prevention Act (PPA) of 1990 (42 U.S.C. §13101 et seq. (1990)) was a paradigm shift in the control of pollution (and hazardous waste). While previous regulations emphasized the “end of the pipeline”, the PPA moved the control of pollution upstream in the manufacturing process to prevent the waste from being generated in the first place. Closely related to the PPA is the NJ Pollution Prevention Act.  Passed in 1991, the NJ PPA implements the concept of reduction in waste production “upstream” by requiring affected companies to develop and submit a 5-year pollution reduction strategy and file  a Release and Pollution Prevention Report (RPPR). The NJ Release and Pollution Prevention Report collects data for New Jersey Right to Know Act (NJRTK).

What does the Federal PPA require?

Facilities must account for their use of toxic chemicals  and, where feasible, reduce their use.  Toxic pollution that cannot be reduced should be recycled, and pollution that cannot be recycled should be disposed of in an environmentally safe manner. 

EHS professionals must have a firm understanding of the processes that use toxic chemicals in order to reduce their use.  Documenting these activities is an important step in PPA compliance and must include an accounting for the final disposal of toxic chemicals.  Generally this is done using the EPA’s Toxic Release Inventory (TRI) Reporting Form R.  

For facilities in New Jersey, what else is required?

The New Jersey Pollution Prevention Act (NJ PPA), enacted in August of 1991, requires a Pollution Prevention (“P2”) Plan for facilities that meet specific requirements:

• A facility in New Jersey that files a Form R and a Release and Pollution Prevention Report (RPPR) under the New Jersey Worker and Community Right to Know Act for the same chemical(s) in two consecutive years.  Note that in New Jersey any employer required to submit a TRI Form R is also required to submit the RPPR.
• The chemicals listed in the Form R and RPPR remain at or above the TRI activity thresholds.

The facility must  prepare a five-year Pollution Prevention (P2) Plan and submit a P2 Plan Summary by July 1 once they become covered (the second year they submit an RPPR for the same chemical).  This becomes the “base year”.  For each of the following years that the facility remains at or above the TRI activity thresholds, the facility completes the P2-115 which compares pollution prevention progress for the reporting year to the base year.

The PPA Filing Process by an EHS Professional

When recently preparing PPA paperwork for a small biotech site, I had to collect a variety of information for preparing a New Jersey P2 Plan.  A brief review of the steps is listed below.  For detailed instructions, look at NJDEP Form DEP-113.

1. Contacted the company’s purchasing department to find out how much of each toxic chemical had been delivered to the facility. 
2. Contacted the company’s hazardous waste management contractor to confirm that the amount purchased (Step 1) equaled the amount that was disposed. 
3. Compare the purchased to disposed amounts. The amounts did not match. 
4. Investigate the discrepancy.  It turned out the waste management contractor was using a less accurate method for calculating the percentage of toxic chemical in our waste stream.  Their laboratory data indicated that the company was disposing of more toxic chemical than purchased.  Ultimately, the volume data from the company’s purchasing department was used since no new toxic chemicals could be produced by the company’s processes. 
5. Reviewed the company’s air permit for an estimation of the toxic chemicals lost to the air.
6. Calculated the chemical remaining as residue in the empty drums, which were also removed by our hazardous waste management contractor.
7. Contacted the site Controller for the facility SIC code.
8. Prepared a “Five-Year Use Reduction Goal” based on pollution prevention activities such as process improvements after a review of documentation of meetings where possible improvements were discussed with personnel who work with toxic chemicals as well as process engineering diagrams. (Sets site five year pollution prevention goals).
   • Progress towards these goals needs to be reviewed yearly and documented on the site P2 Plan.
9. Obtain signatures for plan from the “highest ranking corporate official with direct operating responsibility” and the “highest ranking corporate official at the facility”.

Note — A P2 Plan Summary needs to be updated and submitted every five years for the chemicals referenced in the original P2 Plan submission.

This process needs to be repeated for each toxic chemical at each applicable facility in New Jersey with all of the information included as part of one P2 Plan regardless of the number of toxic chemicals reported.  The facility does need to file one RPPR for each chemical. Does this seem like a lot of work? Consider this:  In the twenty years since adoption, the PPA and NJ PPA have helped to substantially reduce the use and improper disposal of toxic chemicals by requiring industry to examine their work processes.

How about your facility?

As a facility, are you tracking your toxic chemicals and filing the appropriate PPA/NJ PPA documentation? Have you noticed that a mindful approach to the processes and paperwork have resulted in reduced usage and better, more healthful disposal of chemicals?

About Our Guest Blogger:  Charles Peruffo is an EHS professional specializing in laboratory health and safety. Prior to his EHS career, Charles spent many years as chemist in the pharmaceutical industry with responsibilities ranging from laboratory safety to analyst training.  He holds a Bachelor of Science in Biology from Montclair State University and is pursuing his Master of Science in Occupational Safety Health Engineering from New Jersey Institute of Technology.

Both OSHA and the EPA seemed to have recently awoken from their regulatory slumber. OSHA has announced its first major rulemaking during the Obama administration with a proposed change to the agency’s Hazard Communication (HazCom) Standard.  The existing OSHA HazCom Standard provides workers with the right to know the hazards and identities of the chemicals they are exposed to while working, as well as the measures they can take to protect themselves.  This standard was originally adopted in November 1983 and has been enhanced a few times with the latest revision in February 1994.

The proposed changes set the stage for the United States to catch up with the global community in the use of globally consistent methods for chemical hazard classification, hazard labeling, and the format of Material Safety Data Sheets (MSDS).  The proposed changes will align the HazCom Standard with the United Nations Globally Harmonized System of Classification and Labeling (GHS).  The GHS was adopted by the UN in 2003 with a goal of implementation in 2008.   Most multinational companies have been following both the global system and the current OSHA Hazard Communication Program in recent years.  The US Department of Transportation has already modified the DOT requirements to make them consistent with international UN transportation requirements and the GHS.  Now it is time for OSHA.

The proposed changes will significantly improve the quality and consistency of information provided to workers, employers and chemical user by having a standardized approach to identifying the hazard, labeling the hazard on containers and equipment, and documentation of the hazard on a MSDS.  The most pronounced change that chemical purchasers and workers will see is a consistent hazard warning statements and warnings (including pictograms) along with MSDSs will always have the same information located in the same place.  These changes are critical not only for everyday users of the chemicals but also emergency responders and medical personnel.

However, the changes won’t be required next week and probably not even next year.  The process for moving through a major revision to an established regulation can be long and loud (with input from all vantages points on the changes).  OSHA took the first step of this process in September 2006 with an “Advance Notice of Proposed Rulemaking” (ANPR).  The recent step, in September 2009, is detailing the changes to HazCom with the publishing of a “Notice of Proposed Rulemaking” (NPRM). Next is the comment period (90 days – December 29, 2009) and then public hearings scheduled for early 2010.  OSHA will then draft a Proposed Standard which will have to be reviewed by the Office of Management and Budget and will consult with the Small Business Administration.  The Proposal Standard will then get published in the Federal Register, and will most likely have a comment period.  FINALLY, OSHA will incorporate changes from comments into the Final Standard, which will be published in the Federal Register with the provisions taking effect over the following months or years.

It’s a long process.  Regulators don’t have the window of time to slumber.

1. The OSHA Standard for regulating safety in research and development laboratories is: Occupational Exposure to Hazardous Chemicals in Laboratories (29 CFR 1910.1450). The standard does not apply to production or QA/QC labs (see definition in #9).

2. The employer must develop and maintain a Chemical Hygiene Plan for each lab

3. The employer must designate a Chemical Hygiene Officer (an individual or group of individuals responsible for implementation of all requirements of the lab standard)

4. The employer must provide a formal training program for all employees that will work in R&D laboratories, to be provided prior to initial assignment AND whenever a new chemical, hazard, or task is introduced.

5. Training should include a review of the Chemical Hygiene Plan, location of MSDS’ and reference materials, chemical use and hazard information, standard operating procedures and emergency procedures, chemical labeling system, and proper storage.

6. An Up-to-date inventory maintained for all hazardous materials must be maintained

7. Hazardous Material Safety Data Sheets (MSDS) must be maintained and all employees must know the location of MSDS’ and related reference material

8. All chemical containers must have an appropriate label based on the labs labeling/identification system

9. Workplaces covered by the laboratory standard are determined by their conformance with the laboratory use and laboratory scale criteria, as defined in the standard terms as those operations involving:

• use of chemicals in relatively small quantities and multiple chemical procedures
• chemical containers of such a size that can be easily and safely handled by one person
• small scale research procedures (investigative scale), and not production processes (industrial scale)
• use of protective laboratory practices and equipment (e.g., fume hoods)

10. R&D Lab facilities may have other support operations (shipping/receiving, warehouse) where the OSHA Hazard Communications Standard 1910.1200 applies.

OSHA has unveiled its latest National Emphasis Program (NEP), the Process Safety Management (PSM) Covered Chemical Facilities National Emphasis Program. This program targets workplaces that could potentially release highly hazardous chemicals by evaluating their compliance of the PSM standard (29 CFR 1910.119). The only NAICS that has been excluded is 32411 (Petroleum refineries), which has been covered by the Petroleum Refinery Process Safety Management NEP.

The PSM Covered Chemical Facilities NEP will be used for programmed inspections at sites selected for the NEP in Regions 1, 7, and 10, unprogrammed and site-specific targeted PSM inspections in all OSHA Regions (click here to view the regions). Some of areas that will be assessed during the inspection include:

• Contract Employer Compliance (maintenance or construction).
• Individual processes. Includes: operator(s), age of the system and nature and PPE selection.
• Documentation. Includes: list of PSM-covered processes, maximum intended inventories, unit flow diagrams, process narrative descriptions, Process Hazard Analysis (PHA) and safe upper and lower operating limits and unit electrical classification diagrams.

For more information on the PSM Covered Chemical Facilities NEP, please refer to: http://osha.gov/OshDoc/Directive_pdf/CPL_02_09-06.pdf

In their attempts to increase workplace efficiency, employers and employees alike sometimes forget about a few basic safety requirements. Most commonly overlooked is OSHA’s Hazardous Communication (HAZCOM) standard which requires employers to provide employees with information “concerning chemical hazards and the appropriate protective measures for safe handling practices”. HazCom is an important part of work place safety because it provides employees with the basic understanding of the hazardous properties of the chemicals they may encounter, and more importantly, how exposure may be harmful to themselves or fellow workers.

One of the most memorable examples of efficiency gone wrong is what I experienced while training a group of Hispanic hotel workers. In the middle of teaching the concept of chemical incompatibility and its potential hazards, an employee stood up and said (in Spanish), “I have been mixing la bomba (the bomb) for a while, and I have not experienced anything you have covered.” I asked her what “the bomb” contained. She explained that, in order to save time, she would combine a number of surface and bathroom cleaners and degreasers in a spray bottle and would clean with that mixture. These chemicals were relatively safe if handled correctly, but by mixing them together, she’d created a more hazardous chemical.

After I reviewed the Material Safety Data Sheets (MSDS) of these products with the group, I asked whether they had ever seen a MSDS; unluckily the answer was no. After the class, I was bombarded with comments such as “no wonder my hands are so dry,” or “now I know why I have to wear the long rubber gloves.” As the students and supervisors departed, they shook my hand and thanked me for the class and the employee behind “the bomb” realized that in an effort to “do everything at once,” she was doing more harm than good and exposing herself to an unnecessary danger. These types of engagements are what make the Environmental, Health and Safety profession worthwhile.

I frequently remind employers that some OSHA standards require companies to provide effective or adequate training, while others have stricter guidance. OSHA’s newest interpretation of their training requirements clarifies and establishes the need to “instruct its employees using both a language and vocabulary that the employees can understand.”

What are the benefits of adequate, effective training? The employee benefits from increased awareness and avoidance of costly injuries. Meanwhile, the employer benefits from increased safety, lower workman’s compensation costs, morale and regulatory compliance.

Additional information:

Occupational Asthma

Dermal Exposure

Building Maintenance – Cleaning Products

Hazardous Chemicals

The Household Product Database

Janitorial Product Risk Evaluation

Initial Training

Table I outlines the time requirements for the initial offsite training and field experience. Training times include lunch and breaks. 2, 3 The training shall cover the following topics:

• Names of personnel and alternates responsible for site safety and health
• Safety, health and other hazards present on the site
• Use of personal protective equipment
• Work practices by which the employee can minimize risks from hazards
• Safe use of engineering controls and equipment on the site
• Medical surveillance requirements including recognition of symptoms and signs which might indicate over exposure to hazards
• The contents of the site safety and health plan
• Emergency response training, if the worker will respond to emergency situations that may expose them to hazardous substances

The 8-hours of specialized training for managers and supervisors may include the employer’s safety and health program, the employee training program, personal protective equipment program, spill containment program, and health hazard monitoring procedure and techniques. Equivalent training is permitted for the initial 40-hour offsite training if the workers’ experience and training can be clearly documented and certified to address the required topics.

Table I: Initial Training Required
Worker Type	Offsite Training	Field Experience
General Site Workers	40-hours minimum	3-days minimum
Workers on site occasionally and hazardous exposures unlikely – workers do not wear respirators	24-hours	1-day minimum
Workers onsite regularly in established safe areas – workers do not wear respirators	24-hours	1-day minimum
Managers and supervisors of General Site Workers	40-hours minimum plus 8-hours specialized training	3-days minimum
Managers and supervisors of workers who work on site occasionally or regularly in safe areas and who do not wear respirators	24-hours minimum plus 8-hours specialized training	1-day minimum

All training must be certified by the training instructor, head instructor and trained supervisor as having completed the necessary training. The instructor must assess whether the worker has achieved the training objectives and certify the individual accordingly.4 A written certificate shall be given to each person so certified for offsite and field experience. A certificate of attendance is not sufficient.

Online or computer-based training alone are not sufficient to satisfy the 40-hour training requirements, but may be used to satisfy part of the training requirements.5 Training should have the opportunity for trainees to ask questions and participate in hands-on experiences and exercises, especially the use of personal protective equipment.

Equivalent training provided to employees in order to comply with other OSHA standards may be counted towards the 40-hours as long as all of the applicable training topics of the HAZWOPER standard are address and total training time is at least 40 hours.6 In general, training for employees working at hazardous waste sites differs from the training required for employees who respond to emergency releases of hazardous substances and normally should not be considered equivalent.7

Refresher Training

Table II lists the required time for the refresher training. Training times include lunch and breaks. 2, 3 Refresher training shall address the same topics as listed for the initial training and include any critique of incidents that have occurred in the past year. Other relevant topics may be included in refresher training. Refresher training is to be completed annually. Training maybe segmented over time as long as the training is completed within one year.8

Table II: Refresher Training Required Annually
Worker Type	Offsite Training
All workers, managers and supervisors	8-hours

Computer-based training is not recommended by OSHA, but is acceptable if the following criteria are met: 1) the training covers topics relevant to workers’ assigned duties; 2) there an opportunity to ask questions of a qualified instructor; and 3) an assessment of worker skill is conducted to measure hands-on performance of work tasks.9

The question becomes, what happens if you let your refresher training lapse? Do you have to take the initial 40-hour training over? There is no specific requirement that you must repeat the 40-hour training. OSHA states that if an employee misses a refresher training, he or she should attend the next available refresher course. As the length of time increases between the completion of the 40-hour course and the refresher course, the more likely the person would need to take the 40-hour course again. The decision about what training is needed after a lapse in refresher training must be determined on a case-by-case basis and depends on the experience, knowledge and skills of the individual involved. 10

.

Follow these links for further information on training and requirements.

www.Emilcott.com

1) OSHA – 09/05/1990 – Training not required if employees not likely to be exposed to or participate in emergency response activities.

2) OSHA – 11/22/1989 – Training requirements of 1910.120

3) OSHA – 12/30/1991 – Training and HAZWOPER.

4) OSHA – 12/30/1992 – Clarification of training certification.

5) OSHA – 08/16/2004 – Acceptability of using computer-based (on-line) training for the HAZWOPER 40-hour classroom training.

6) OSHA – 04/06/1995 – OSHA guidance on Hazardous Waste Operations and Emergency Response (HAZWOPER) training.

7) OSHA – 12/04/2007 – Clarification of HAZWOPER training requirements as they apply to an employee of the town of Windsor, VT.

8) OSHA – 07/21/1992 – Refresher training and HAZWOPER.

9) OSHA – 10/11/1994 – The acceptability of a computer based, self-paced training program for use in meeting the refresher training requirements of the standard.

10)OSHA – 03/12/1993 – Hazardous waste operations and emergency response lapsed refresher training requirements.