- Standard Number:
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 http://www.osha.gov.
August 9, 1990
Captain Peter J. Martinasco Assistant State Director Office of Emergency Management Department of Law and Public Safety Post Office Box 7068 West Trenton, New Jersey 08628-0068
Dear Captain Martinasco:
This is an update to your request for an interpretation of the training requirements in the Hazardous Waste Operations and Emergency Response Standard (29 CFR 1910.120).
Specifically you have asked for our comments on New Jersey's method for preparing course materials for hazardous materials technicians and on-scene incident commanders. Your letter states that these courses meet the requirement of 24 hours of training equal to the first responder operations level by requiring the 8 hour operations course as a prerequisite and integrating into the courses 16 more hours of operations level training which covers the necessary competencies for each.
The standard requires hazardous materials technicians and on- scene incident commanders to receive 24 hours of training and in addition have competency in the areas specified in the standard. The method you describe may be acceptable if there are potentials for emergencies from only a few types of hazardous materials. In general, more than 24 hours of training would be necessary to meet both the training and competencies requirements.
We hope this information is helpful.
Patricia K. Clark Director Designate Directorate of Compliance Programs
July 12, 1990
Captain Peter J. Martinasco Assistant State Director Office of Emergency Management Department of Law and Public Safety P.O. Box 7068 West Trenton, New Jersey 08628-0068
Dear Captain Martinasco:
This is an interim response to your request of June 13, for a clarification of the training requirements in 29 CFR 1910.120. Since your letter requests a formal interpretation of an Occupational Safety and Health Administration rule, we have forwarded it to our Directorate of Compliance Programs for their response. You should hear from them shortly.
Gerard F. Scannell Assistant Secretary
June 13, 1990
Mr. Gerard F. Scannell Assistant Secretary U.S. Department of Labor Room S-2316 210 Constitution Avenue Washington, DC 20210
Dear Mr. Scannell:
I am requesting a letter from your office clarifying 29 CFR 1910.120(q)(6) with regards to the training hours required for specific levels. As you may be aware New Jersey has developed training, under a NIEHS grant, to meet the law requirements.
New Jersey's method of integrating the required hours was explained to Mr. Tom Seymour in a telephone conversation on May 16, 1990. At that time he stated that our methods are acceptable, but suggested this letter to avoid future questions. New Jersey has developed an 8 hour course for First Responder Operations as required in para. (q)(6)(ii). The state courses for Hazardous Materials Technician and On-Scene Incident Commander meet the requirement of 24 hours of training equal to the First Responder Operations by requiring the 8 hour Operations course as a prerequisite and integrating 16 more hours of Operations level training into the respective courses as they cover the necessary competencies for each. This allows the additional 16 hours to be slanted towards the target audiences. I request that you forward me a letter stating that this integration is acceptable. If you have any questions concerning the content of this letter or our training courses, please contact Mr. Jim Hurly, of my staff, at (609) 882-2000 ext. 2946.
Peter J. Martinasco, Captain Assistant State Director Office of Emergency Managemen