Experience and certification for HAZWOPER incident commanders

August 20, 1991

Willard R. Kleckner, Ph.D
Manager of Consulting Services
Insurance Restoration Specialists
[Recipient address omitted]

Dear Dr. Kleckner:

This is in response to your inquiry of May 21, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120). Please accept my apology for the delay in this reply.

Your specific question relates to your previous educational and professional experience qualifying you as an "on scene incident commander".

The Occupational Safety and Health Administration (OSHA) does not certify individuals as "equivalently trained". However, 1910.120 does make some provisions for the employer certifying an employee as "equivalently trained". Paragraph (e)(9) for hazardous waste sites permits employers to certify, as equivalently trained, employees, through the supervisory level. There are somewhat similar provisions for TSD sites set forth in paragraph (p). In both cases, refresher training must be received each year and the employees new to the site must receive appropriate site specific training.

Paragraph (q) which addresses training requirements for emergency responders is somewhat different. Previous education and experience may count towards some of the training requirements. But for Hazmat technicians, specialists and incident commanders the employer must certify competency in a number of areas specific to that employer and area. Consequently past training and experience alone would not be sufficient to meet all requirements. In addition refresher training or renewed demonstration of competency is required annually.

Your professional credentials are impressive. However, if you intend to serve as an on scene incident commander during an emergency response to the release of hazardous substance your past experience is not sufficient to count towards all of the training requirements, although it may be used to count towards some, if it has been documented. Your employer must afford you training and certify you in competencies where past training or experience is insufficient.

I hope this information is helpful. If you have any further questions please feel free to contact MaryAnn Garrahan at (202) 523-8036.

Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs

[The requester’s May 21 letter reproduced on the OSHA page is omitted here.]