Emergency response training for agricultural chemical spills

December 30, 1991
Mr. David Nicolai
CENEX
Land O'Lakes
[Recipient address omitted]

Dear Mr. Nicolai:
This is in response to your inquiry of November 18, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (HAZWOPER), 29 CFR 1910.120. Your letter was forwarded to this office, the [Directorate of Enforcement Programs], for clarification of the standard.

As you may be aware, the state of Minnesota administers its own OSHA approved occupational safety and health program under the provision of the Occupational Safety and Health Act of 1970. OSHA approved state plans must adopt regulations that are equal to, or stricter than, Federal OSHA's standards. If you wish to contact them, the address and phone number are:

Minnesota Department of Labor and Industry
443 Lafayette Road
St. Paul, Minnesota 55155
Phone: [(651) 284-5050]

Your questions concern emergency response training in accordance with HAZWOPER. We will answer your questions in the order that you asked them:

Question 1: "We are unsure where the current level of training we offer has the best fit. We believe it may be the hazardous materials technician but we are not sure. If this is the case, a number of employees who have been through the first two days of training may need or benefit from addition[al] hours of training in order to comply with the 24 hour training guidelines. We are assuming that this training is additive if that is correct."

Answer: First, let us respond to some statements made in passing earlier in your letter. You note that your course is 14 hours, not including breaks and lunch, however OSHA includes breaks and lunches in training time. Therefore, your 14 hour course that runs two full days can be considered 16 hours.
In addition, people trained to the First Responder Operations level do not require training in patching tanks or barrels. (However, training in patching techniques may be helpful if employees are attempting to control an incidental release, or a non-emergency.) Employees trained to the Operations level may only take defensive action, such as placing absorbent and constructing dikes, to defensively contain the release of a hazardous substance. If they are taking aggressive action to stop the release of a hazardous substance during an emergency situation, they need Hazardous Material Technician level training.
To answer your question, training for Hazardous Material Technicians must meet the minimum 24 hours of Operations level training and proven experience in the listed competencies. You may use your current 14 hour Operations level course as a foundation and add the balance of the time by going into more depth.
Employers who may experience an emergency that involves hazardous substances must develop an emergency response plan if they decide to respond to emergencies in-house. An employee must be trained to the proper level, which depends on the procedures that the employer expects that employee to perform. The employer may also opt to develop an emergency action plan, in accordance with 1910.120(q)(1) (which refers to [29 CFR 1910.38]). By creating an emergency action plan the employer will evacuate employees when an emergency occurs, and will not allow employees to assist in handling the emergency. An outside HAZMAT team would be contacted to control the emergency incident.

Question 2: "In addition, is it possible to receive from your office a written letter verifying that we are meeting the current guidelines for first responder operations level or hazardous material technician, and if not what else would be required."

Answer: Currently, OSHA does not certify individuals or approve training programs. ~~29 CFR 1910.121, "Accreditation of training Programs for Hazardous Waste Operations," is in rule making, but has suffered delays so it is not definitely known when the standard will become mandatory. 29 CFR 1910.121 does not presently propose to accredit training programs for employees engaged in emergency response activities, however you may want to monitor the progress of this new standard and anticipate changes in your training and certification programs to ensure continued compliance. Please find a copy of the Notice of Proposed Rulemaking enclosed.~~
[Corrected 1/20/2005. On August 15, 2002 the proposed 1910.121 "Accreditation of training Programs for Hazardous Waste Operations" proposed rule was withdrawn from the Unified Regulatory Agenda (see Federal Register 67:74749-74785 dated December 9, 2002).]

For suggestions and assistance in developing training programs you may want to contact: the OSHA training Institute at [(847)297-4913]; your OSHA Regional Office at [(312) 353-2220]; your OSHA approved state plan office at [(651) 284-2050]; or the OSHA Consultation Services for the Employer at [(651) 284-5060].

We hope this information is helpful. If you have any further questions please feel free to contact [the Office of Health Enforcement at (202) 693-2190].

Sincerely,
Patricia Clark, Director
[Directorate of Enforcement Programs]
[Corrected 1/20/05]

[Requester memorandum reproduced on OSHA page; omitted here.]