Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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

October 16, 1991

Ms. Sandra Trower
Layne Environmental Health Sciences
1900 Shawnee Mission Parkway
Post Office Box 383
Shawnee Mission, Kansas 66201

Dear Ms. Trower:

This is in response to your inquiry of September 5, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120).

Your specific question relates to the 8 hour refresher training for employees specified in 1910.120(e)(1), (e)(4), and (q)(6).

First, the 8 hour training course does not need to be on the exact anniversary of the initial training. Employees should have the refresher course reasonably close to the anniversary date, taking into consideration the company's and the employees' convenience in scheduling the course. However, if the training does not take place by the anniversary date there should be a record in the employee's file indicating why the training has been delayed and when the training will be completed

You mention that your company currently holds "on-site health and safety briefings associated with environmental projects that are four (4) to eight (8) hours long." OSHA agrees that the accumulated hours in your "on-site health and safety" briefings may be used as 8 hour refresher courses required by 1910.120 if they cover items specified in paragraph (e)(2) and (e)(4).

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


Patricia K. Clark, Director
Directorate of Compliance Programs

September 5, 1991

U.S. Department of Labor
Occupational Safety and Health Administration
Room N-3471
200 Constitution Avenue NW
Washington, D.C. 20210

Attn: Ms. Patricia Clark

Dear Ms. Clark,

In reference to 29 CFR 1910.120(e)(8) and 29 CFR 1910.120(q)(8) referencing the refresher training for employees specified in (e)(1), (e)(4), and (q)(6) of this regulation. Please define and/or interpret what is meant by annual or yearly refresher training.

Layne Environmental Health Sciences (LEHS) has 40 offices and approximately 1,200 employees to train in accordance with 29 CFR 1910.120. All training is conducted in-house and due to scheduling problems with district offices and LEHS it is extremely difficult to conduct an 8-Hour Refresher Training Course on the exact anniversary of the 40-Hour Hazardous Waste Training. Our company and other companies in the same field have encountered this dilemma on several occasions and wish to receive a written definition of OSHA's interpretation of the above sections.

Additionally, the question has arisen concerning the accumulation of on-site health and safety briefings associated with environmental projects that are four (4) to eight (8) hours long. These health and safety briefings are basically refreshers that are directly related to field work undertaken by our employees and records of attendance can be proven. Are these accumulated hours over the year adequate and sufficient to be considered an 8-Hour refresher, if the proper documentation can be obtained?

If you have any questions regarding my request please contact me at the Layne-Western Company in Mission Woods, Kansas (913) 677- 6853.


Sandra Trower
Industrial Hygienist
Layne-Western Company, Inc.