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 7, 1994

G.N. Reese, Chief
Safety and Occupational Health Office
U.S. Army Corps of Engineers, Omaha District
215 North 17th Street
Omaha, Nebraska 68102-4978

Dear Mr. Reese:

Thank you for your letter of September 30, and your second inquiry of November 29, 1993, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response (HAZWOPER) regulation, 29 CFR 1910.120. We apologize for the delay in this response.

You request clarification on the management and supervisors' training required in paragraph (e)(4) of the standard. OSHA concurs with your first three statements, that individuals must receive the supervisory training prior to serving in a supervisory role. In statement number four, you state:

"It is not necessary for Program Managers or Technical Managers, in absentee, who issue directives or workorder changes, which will be applied by the on-site supervisor to receive the additional eight hours of supervisor training."

The training specified in (e)(4) is intended for on-site managers and supervisors directly responsible for hazardous waste operations. Any new or modified safety and health issues as a result of directives or workorder changes need to be addressed in the site safety and health plan. The site safety and health supervisor has the responsibility and authority to develop and implement the site safety and health plan and verify compliance with it as specified in paragraph (b)(2)(i)(B). Thus, Army Corps employees who stay offsite and who do not manage health and safety issues would not necessarily need training under 1910.120.

Army Corps Field Representatives overseeing work performed by civilian contractors would need training under HAZWOPER based on their job duties and responsibilities. If their job is to make supervisory decisions then (e)(4) applies.

We hope this information is helpful. If you have any further questions please contact us at (202) 219-8036.


Ruth E. McCully, Director
Office of Health Compliance Assistance