- 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 https://www.osha.gov.
December 6, 1991
Mr. Steve Giles
Compliance Training Manager
Martin Marietta Energy Systems, Inc.
Post Office Box 2003
Oak Ridge, Tennessee 37831
Dear Mr. Giles:
This is in response to your inquiry of September 6, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120).
We will answer your questions in the order that you asked them:
Question 1. "Does OSHA intend for the 1910.120 standard to apply to the entire reservation, or only to those areas within the plants that are designated as either RCRA Treatment, Storage and Disposal units, and Environmental Remediation Sites?"
Reply 1. The entire geographic area of the site designated for clean-up could potentially fall under 1910.120. However, once areas within the designated site are evaluated, in accordance with 1910.120(c) "Site characterization and analysis," the training requirements under 1910.120 do not apply to employees who are not exposed, or potentially exposed, to health or safety hazards related to hazardous waste operations.
OSHA does not require 24- or 40-hour training for employees who would not be exposed to the dangers involved in hazardous waste operations, such as clerical staff. However, all employees on the facility must be made aware of the emergency response plan, in case part or all of the facility needs to be evacuated.
Question 2. "How does 1910.120 apply to a multi-functional setting where there may be a permitted treatment or storage facility that represents only a fraction of the operations of the entire plant? ... Are the workers in the machine shop subject to 1910.120, or are they considered generators who store their waste for less than 90 days and therefore exempt?"
Reply 2. Again, once areas within the designated site are evaluated, in accordance with 1910.120(c) "Site characterization and analysis," the training requirements do not apply to employees who are not exposed, or potentially exposed, to health or safety hazards related to hazardous waste operations. If a machine shop is exempt from 1910.120, which is explained in subparagraph (a)(2)(iii), then workers would only need to be trained in accordance with 1910.120(p)(8).
Employees who work in an exempted treatment, storage and disposal facility must still be trained in accordance with other OSHA regulations, such as the Hazard Communication Standard (29 CFR 1910.1200) and General Requirements for Personal Protective Equipment (29 CFR 1910.132).
Question 3. "Regarding personnel who have had initial training (either 24- or 40-hour), but who have missed the next available refresher course, are they required to attend the 24- or 40-hour training again or may they simply attend the next available refresher course?"
Reply 3. Employees should stay up-to-date in the refresher training, although we do understand that courses may be missed because of unavoidable circumstances. The employee who misses a refresher training course should attend the next available course. If the employee has gone a substantial amount of time without refresher training, then the initial 24- or 40-hour training may be necessary.
We hope this information is helpful. If you have any further questions please feel free to contact the [Directorate of Enforcement Programs at (202) 693-1825].
Patricia Clark, Director
Directorate of Compliance Programs