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.

March 6, 1992

Ralph L. Freed
Gove Associates, Inc.
1601 Portage Street
Kalamazoo, Michigan 49001-3899

Dear Mr. Freed:

This is in response to your inquiry of February 10, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (HAZWOPER), 29 CFR 1910.120.

Your question concerns clarification of the annual 8 hour refresher training for employees who work on hazardous waste sites, required in paragraph (e). Your letter mentions that you could not find where accreditation for the 8 hour refresher course is required in the Notice of Proposed Rulemaking for Accreditation of Training Programs for Hazardous Waste Operations.

OSHA did not propose to require accreditation of refresher training, although the proposed regulation, printed in the January 26, 1990, issue of the Federal Register (enclosed), is not a final rule. Changes and additions may be made before the standard becomes effective. The question of whether or not refresher training should be accredited was an issue which received comment, as noted in the preamble of the proposed rulemaking. You may want to monitor the progress of the standard by contacting OSHA's Office of Safety Standards at (202) 523-8063.

Regardless of the final rule's scope of coverage, your company may create its own 8 hour refresher training course by following the guidance given in the HAZWOPER standard. If in the future the final rule for accreditation of training programs includes 8 hour refresher training, then your company may submit the training course that it developed prior to the final rule for accreditation.

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


Patricia Clark, Director
Directorate of Compliance Programs