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.

May 15, 1991

Mr. Jack Powers
Section Manager, Occupational Safety and Health
McDonald Douglas Inc.
Building 4, Dept. #064, Mail Code 0012491
Post Office Box 516
St. Louis, Missouri 63166

Dear Mr. Powers:

This is in response to your telephone inquiry of Thursday, April 11, 1991 concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120). Please accept my apology for the delay in this reply.

Your specific question relates to the training requirements for your health and safety professionals and specifically if their previous training can be used to certify these professionals for occasional work responsibilities in your RCRA permitted Treatment, Storage and Disposal Facility (TSDF).

Section 1910.120(p)(7)(ii) describes the training requirements for current employees. This subparagraph states;

"Employers who can show by an employee's previous work experience and/or training that the employee has had training equivalent to the initial training required by this paragraph, shall be considered as meeting the initial training requirements of this paragraph as to that employee. . . . Current employees shall receive eight hours of refresher training annually."

OSHA interprets this subparagraph to mean that you may certify your safety and health personnel as "equivalently trained" if they are sufficiently informed about both general and site specific health and safety information pertinent to TSDF's. Previous training and experience may fulfill both training requirements. However, it is likely that site specific health and safety information may be necessary in order to satisfy the initial 24 hours of training requirement. All personnel assigned to RCRA permitted Treatment, Storage and Disposal areas must also have at least 8 hours of refresher training per year in safety and health information specific to their job responsibilities at your TSDF.

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


Patricia K. Clark, Director
Directorate of Compliance Programs