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.

July 21, 1992

Mr. Stuart Buchanan
Radian Corporation
10675 Richmond Ave.
Suite 190
Houston, TX 77042

Dear Mr. Buchanan:

This is in response to your inquiry of June 12 concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (HAZWOPER), 29 CFR 1910.120.

You wrote to our office regarding Radian Corporation's schedule for refresher training. You conduct your eight hour refresher training in segments presented to employees throughout the year. Radian employees may complete their initial training in January, but may not complete the refresher training until December of the next year.

OSHA agrees that companies can conduct their refresher training in segments to meet the requirements of the standard, as long as all of the provisions for refresher training in paragraphs (e), (p), or (q), are met. However, the time frame in which you conduct your first set of refresher training sessions may not meet the requirements of the standard. From the language you use in the letter, it sounds as if the first set of refresher training sessions begins on or about the anniversary date of the initial training, and is completed in two years. If you choose to provide training in intervals, the sessions should start soon after the initial training and add up to eight hours by the first anniversary date.

We also point out that 8 hours is a minimum requirement; many employers will find it difficult to cover all topics listed in the training requirements in the minimum allowable time. The competencies to be covered during training sessions may demand more than 8 hours. When developing training, employers must structure their refresher training based on the employee's expected job duties.

We hope this information is helpful. If you have any further questions please contact the Office of Health Compliance Assistance at (202) 523-8036.


Patricia Clark, Director
Directorate of Compliance Programs