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.

April 19, 1996

Mr. Tony Egitto
Test Institute
1110 Navaho Drive, Suite 604
Raleigh, North Carolina 27609

Dear Mr. Egitto:

This letter is in response to your request for written interpretation of the training requirements in OSHA's Hazardous Waste Operations and Emergency Response (HAZWOPER) standard (29 CFR 1910.120). You requested clarification as to whether employers are required to show that their employees have had initial training before they receive refresher training. The response that follows confirms your telephone conversation with MaryAnn Garrahan of the Office of Health Compliance Assistance on March 27.

Under the HAZWOPER standard, the employer is responsible for ensuring that employees receive the necessary training and is required to keep a copy of the employee's training certification. The standard also requires that a written certificate be given to each employee certified. However, there is no provision in the HAZWOPER standard that requires employers to show documentation to the trainer that employees have successfully completed their 40-hour course.

We hope that this letter addresses your concerns regarding training requirements under OSHA's HAZWOPER standard. If you have additional questions, please contact your local OSHA Area Office which is located in Raleigh, North Carolina. The phone number is (919) 856-4770.


Ruth McCully, Director
Office of Health Compliance Assistance