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 27, 1992

Mr. Timothy S. Mustard
Engineering-Science, Inc.
Suite 900
1700 Broadway
Denver, Colorado 80290

Dear Mr. Mustard:

This is in response to your inquiry of June 18, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response standard (HAZWOPER), 29 CFR 1910.120.

You requested clarification on whether an employee's completion on the 8-hour management and supervisory training could also satisfy the employee's 8-hour annual refresher training requirement.

OSHA would expect a general hazardous waste site worker who is becoming a supervisor or manager to receive at least 16 hours of training during the year they become a supervisor: 8 hours of management and supervisory training in addition to 8 hours of employee refresher training. HAZWOPER requires that supervisors and managers be trained and given supervised field experience to at least the level of the employees who they will oversee, and have at least eight additional hours of specialized training on the topics listed in 1910.120(e)(4).

You are also concerned about conflicting guidance that Engineering-Science has received from OSHA's regional and state offices. Some states operate under an OSHA-approved state plan, which covers all occupational safety and health concerns for that state. A state with an approved plan must provide employee protection that is "at least as effective" as Federal OSHA's and may be more stringent. Individual Engineering-Science offices that are in states with an OSHA-approved state plan are required to follow the state's HAZWOPER standard and interpretations made by the state. This letter states the interpretations which Federal OSHA has been providing to the Federal HAZWOPER standard (Please see the enclosed pamphlet "All About OSHA"). States with OSHA-approved plans are encouraged to adopt similar interpretations.

We hope this information is helpful. If you have any further questions please feel free to contact the [Office of Health Enforcement at (202) 693-2190].


Patricia Clark, Director
[Directorate of Enforcement Programs]

Enclosures: "All About OSHA" Map of OSHA offices

[Corrected 1/20/2005. On August 15, 2002 the proposed 1910.121 "Accreditation of training Programs for Hazardous Waste Operations" proposed rule was withdrawn from the Unified Regulatory Agenda (see Federal Register 67:74749-74785 dated December 9, 2002).]



June 18, 1992

Ms. Dorothy Strunk
Acting Assistant Secretary
Occupational Health and Safety Administration
U.S. Department of Labor
200 Constitution Avenue NW
Washington, DC 20210

Dear Acting Assistant Secretary Strunk:

Engineering-Science, Inc. (ES) would like to request clarification on whether 8-hour Management and Supervisor training, as defined in 29 CFR 1910.120 and proposed 1910.121, can also be considered an employee's 8-hour annual refresher. For example, we frequently have employees who, having completed the 40-hour hazardous waste operations course, are appointed to a field supervisor or site health and safety officer position and must take Management and Supervisor training. The time of their appointment may correspond to the time when they are also due for an annual refresher course. ES believes that as long as the proposed requirements for supervisory training are met [29 CFR 1910.121(h)(5)] and employees are given updated information on regulations, use of personal protective equipment, etc., to meet the requirements for refresher training, then the Management and Supervisor training can also be considered an employee's annual refresher. This interpretation is further supported by the fact that OSHA allows the employer to design a specific 8-hour annual refresher to meet their needs.

We have offices nationwide and have received conflicting guidance from OSHA regional and state offices on this topic. Some regional and/or state offices have said the courses may be combined, others say they must be separate.

ES would appreciate an interpretation and further guidance on this subject. Please contact me at the address above.

Very truly yours,

Corporate training Manager