[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]


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Part VI





Department of Labor





_______________________________________________________________________



Occupational Safety and Health Administration



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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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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]
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