Employer payment and certificates for HAZWOPER training
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This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.
June 25, 1991
MEMORANDUM FOR: ALL REGIONAL ADMINISTRATORS
THROUGH: LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS
FROM: PATRICIA K. CLARK, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS
SUBJECT: Training Issues Under 29 CFR 1910.120
This is in response to the following questions raised by the Denver Regional Office and Boston Regional Office.
- Question. Is an employer responsible for providing 40 hours of Hazwaste training cost-free?
Answer. Yes. All of the training under 1910.120 is to be provided without cost to employees. The language was drafted similar to the expanded health standards (e.g., benzene, lead).
- Question. Can an employer require the employee to pay for Hazwaste training via weekly payroll deductions?
Answer. No, not if the employee is entitled to cost-free training under 1910.120.
- Question. Can an employer use the guise of an employee requesting a loan so he can attend 40 hours of Hazwaste training, and then require the employee to pay back the monies via weekly payroll deductions?
Answer. No, not if the employee is entitled to cost-free training under 1910.120.
- Question. Can an employer who pays for an affected employee's 40 hours of Hazwaste training, keep the employee's certificate in the event the trained employee leaves the company?
Answer. No. The standard requires that a written certificate be given to each person certified. (See 1910.120(e)(6)).
- Question. Can an employer refuse to give an employee a certificate for the 40 hour course because he was layed off before he was able to complete the 3 days OJT?
Answer. No. The intent of 1910.120(e)(6) is for the instructor or the head instructor to certify the classroom training once successfully completed. The trained supervisor would certify the field experience once completed. Thus, this could involve two certificates. The employee is entitled to the classroom certificate if the course work was successfully completed.
I hope this information is helpful. We cleared this policy with Daniel Mick, Counsel for Trial and OSHRC litigation.
[The December 26, 1990 area-office memorandum reproduced on the OSHA page is omitted here.]
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