OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

June 30, 1989

John P. Goniglio, C.S.P.
Risk & Technical Management, Inc.
700 Main Street
Buffalo, New York 14202

Dear Mr. Goniglio:

This is response to your inquiry concerning the training certification requirements of the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response rule (29 CFR 1910.120). Specifically, you are interested in whether there is some agency and/or individual who could review your qualifications to determine whether they meet the requirements of the rule.

It is the employer who can show by documentation or certification that an employee's work experience and/or training meets the requirements of the rule. If you are the employer, then you can certify yourself. OSHA does not certify individuals. This summer, OSHA expects to propose in the Federal Register a program for certifying courses under the rule. There will be an opportunity for interested parties to comment on the proposal and participate in public hearings.

I hope this information is helpful.


Patricia K. Clark, Acting Director
Directorate of Compliance Programs