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• Publication Date: 08/22/1994
• Publication Type: Final Rules
• Fed Register #: 59:43268-43280
• Title: Hazardous Waste Operations and Emergency Response

DEPARTMENT OF LABOR.

Occupational Safety and Health Administration.

29 CFR Parts 1910 and 1926.

Hazardous Waste Operations and Emergency Response.

AGENCY: Occupational Safety and Health Administration (OSHA).

ACTION: Final rule.

SUMMARY: The Occupational Safety and Health Administration (OSHA) isissuing technical amendments to existing Appendix B and is adding a newnon-mandatory Appendix E to both 29 CFR 1910.120, Hazardous Waste Operationsand Emergency Response and 29 CFR 1926.65, Hazardous Waste Operations andEmergency Response. The technical amendments to the Appendix B involve theupdating of certain reference sources listed in Appendix B to both 29 CFR1910.120 and 1910.65. The new Appendix E provides suggested guidelines for amore effective training curriculum and program. The mandatory requirementsfor those training programs are set forth in the main body of 29 CFR 1910.120and 1926.65. The addition of a non-mandatory Appendix E to these sectionswill provide supplementary information that can be used by employers fortraining program development directed toward training those employees engagedin hazardous waste operations and emergency response activities within thescope of 29 CFR 1910.120 or 1926.65.

EFFECTIVE DATE: The effective date for this notice is September 21,1994.

ADDRESSES: There are no written responses required in this notice.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, Office ofInformation and Consumer Affairs, Occupational Safety and HealthAdministration, Room N-3647, U.S. Department of Labor, 200 ConstitutionAvenue, NW, Washington, DC 20210, 202-219-8151.

SUPPLEMENTARY INFORMATION:.

Regulatory history. On October 17, 1986, former President Reagan signed intolaw the Superfund Amendments and Reauthorization Act of 1986 (SARA) (Pub. L.99-499). As part of SARA, the Secretary of Labor (the Secretary) was directedto issue an interim final rule within 60 days after the date of enactment ofSARA, which was to provide not less protection for employees engaged incovered hazardous waste operations than the protection contained in twospecified documents. Those two documents were the Environmental ProtectionAgency's (EPA) "Health and Safety Requirements for Employees Engaged in FieldActivities" manual (EPA ORDER 1440.2), dated 1981, and the existingOccupational Safety and Health Administration (OSHA) standards under SubpartC or 29 CFR part 1926, OSHA's Construction Industry Safety and HealthStandards. OSHA published an interim final rule as directed in the FederalRegister on December 19, 1986 (51 FR 45654).

In section 126 of SARA, the Congress also directed the Secretary to issue,within one year after the date of enactment of SARA, a final standard undersection 6(b) of the Occupational Safety and Health Act of 1970 for the healthand safety of employers engaged in hazardous waste operations and emergencyresponse. SARA also indicated that certain specific areas of employeeprotection, in particular employee training, were relevant to protectemployees engaged in hazardous waste operations.

OSHA issued a proposed rule on hazardous waste operations and emergencyincluding provisions for training on August 10, 1987 (52 FR 29620). Publichearings on the proposed rule were held during October 1987. As a result ofthat proposed rule OSHA published a permanent final rule for hazardous wasteoperations and emergency response (HAZWOPER) on March 6, 1989 (54 FR 9294).That permanent final rule became effective on March 6, 1990.

In related action, on December 22, 1987, as part of an omnibus budgetreconciliation bill (Pub. L. 100-202), the language of SARA was amended. Theamendment addressed section 126(d)(3) of SARA. Section 126(d)(3) of SARAreads as follows before the amendment:.

(d) Specific Training Standards. -- * * * (3) Certification;Enforcement. -- Such training standards shall contain provisions forcertifying that general site workers, on-site managers, and supervisors havereceived the specified training and shall prohibit any individual who has notreceived the specified training from engaging in hazardous water operationscovered by the standard.

The amendment to section 126(d)(3) contained in Pub. L. 100-202 added thefollowing language to the end of paragraph (d)(3):.

That section 126(d)(3) of SARA is amended by adding a new sentence at theend thereof as follows: The certification procedures shall be no lesscomprehensive than those adopted by the Environmental Protection Agency inits Model Accreditation Plan for Asbestos Abatement Training as requiredunder the Asbestos Hazard Emergency Response Act of 1986.

In response to the amendment, OSHA on January 26, 1990, issued a Notice ofProposed Rulemaking (NPRM) (55 FR 2776) addressing the accreditation oftraining programs for hazardous waste operations.

Since January, 1990, OSHA has been working to develop a final ruleaddressing the accreditation of certain training programs required in 29 CFR1910.120 and 29 CFR 1926.65. OSHA will complete shortly action on that finalrule.

On June 30, 1992, OSHA republished 29 CFR 1910.120 in 29 CFR Part 1926 as#167; 1926.65 at the request of the OSHA Advisory Committee on ConstructionSafety and Health (ACCSH). This republication codified most of therequirements affecting construction activities in one part of the CFR for theconvenience of construction industry employers and employees.

The most recent action on this rule concerns the development of thenon-mandatory appendix to be added as Appendix E to #167; 1910.120. Thisaction took place during the September 30, 1993 meeting of ACCSH held inWashington, DC. As part of the Advisory Committee's action, a work groupchaired by Mr. John Moran, Director of Safety and Health for the Laborers'Health and Safety Fund made specific recommendations to the full advisorycommittee concerning OSHA's proposed 29 CFR 1910.121 rulemaking. The firstrecommendation of the work group was, "that OSHA promptly issue anon-mandatory appendix to #167; 1910.120, establishing minimum trainingcurriculum guidelines and minimum training provider guidelines (ACCSH Tr. pg.148, lines 22-25)." Mr. Moran made a formal motion that the ACCSH recommend,"the prompt issuance of a non- mandatory appendix to #167; 1910.120 whichcontains guidelines for minimum training curriculum, and that minimumtraining provider requirements to meet the training standards established in120 (ACCSH Tr. pg. 152, lines 5-10)." The motion was passed unanimously(ACCSH Tr. pg. 159, lines 3-11). The formal report containing therecommendations developed by the work group was presented to the AssistantSecretary by the ACCSH on October 1, 1993.

The report included a December, 1991 document titled, "Minimum Criteria forWorker Health and Safety Training for Hazardous Waste Operations andEmergency Response." The National Institute of Environmental Health Sciences(NIEHS) Training Grant Technical Workshop on Training Quality developed thedocument during a technical workshop on training quality. The workshop,"Minimum Criteria for Worker Health and Safety Training for Hazardous WasteOperations and Emergency Response was held March 22-24, 1990 in Washington,DC and was sponsored by NIEHS. Approximately 60 individuals from labor,industry and the government, including representatives from OSHA participatedin the workshop.

The report recommends that, OSHA should promptly issue anon-mandatory appendix to 29 CFR 1910.120 which provides guidelines as tominimum training curriculum and training provider requirements for thosetraining activities mandated by the 1910.120 standard. It is ourrecommendation that this appendix be essentially the NIEHS National TechnicalWorkshop consensus document referred to in the BACKGROUND above and which isappended to this report.(1).

__________.

Footnote(1) Memorandum to Advisory Committee on Construction Safety andHealth (ACCSH) from John B. Moran, Chair, Accreditation Work Group, ACCSHcontaining the Accreditation Work Group Report dated October 1, 1993 (pg. 4).

The ACCSH recommendation to the Assistant Secretary suggested that thenon-mandatory appendix address two topics. First, ACCSH recommended that theappendix should provide guidelines as to the minimum training curriculum forthose training activities mandated by #167; 1910.120. Second, ACCSHrecommended that the appendix should provide guidelines as to the minimumtraining provider requirements for those training activities mandated by #167;1910.120.

Non-mandatory Appendix E on Training. Separate from the ACCSHrecommendations, several individuals suggested that during the interim periodprior to issuing a final rule on training accreditation, OSHA should add anon-mandatory appendix to 29 CFR 1910.120 and 29 CFR 1926.65 that wouldprovide guidance to employers for developing effective training programs. Thetraining provisions of these two standards are stated in performance orientedlanguage in paragraph (e) for hazardous waste site workers, in paragraph(p)(7) for treatment, storage, and disposal facility workers, and inparagraph (q)(6) for emergency response workers.

OSHA uses non-mandatory appendices for a number of purposes such as toprovide non-regulatory guidance to employees and employers for the purpose ofcomplying with various OSHA regulations or to assist them in developing moreeffective safety and health operations. They may also be an amplification ofinterpretive information that is included in the preamble discussions ofrulemakings when they are published in the Federal Register..

It is often brought to OSHA's attention that the useful interpretiveinformation included in preamble discussions addressing OSHA's standardsbecomes less accessible when rules and regulations are published later in theCode of Federal Regulations. It has been suggested that having the mostimportant of this type of information available in the same publication asthe codified text of a rule would make compliance decision making in theworkplace easier.

Also non-mandatory appendices provide a non-regulatory mechanism to keepemployer and employee populations aware of new technical information thatbecomes available to the agency subsequent to the issuance of a standard.These new technologies and new types of information may be of assistance toemployer and employee populations in complying with the regulatory text towhich the appendix is attached.

Training provider criteria. OSHA has reviewed the training provider criteriasuggested in the "Minimum Criteria for Worker Health and Safety Training forHazardous Waste Operations and Emergency Response." OSHA is considering fullythe issue in the final rule on certification of training programs.Consequently there is no need to insert a non-mandatory appendix on thissubject. In the interim, OSHA believes that the standard provides sufficientguidance on the qualifications of instructors and that additional informationin an appendix format is unnecessary.

Training curriculum guidelines. The document that the ACCSH recommended thatOSHA use as the training guidelines to be placed in the non-mandatoryappendix is titled, "Minimum Criteria for Worker Health and Safety Trainingfor Hazardous Waste Operations and Emergency Response." It was developed toreport the results of a technical workshop on training quality held March22-24, 1990 in Washington, DC. The meeting was sponsored by the NationalInstitute of Environmental Health Sciences (NIEHS).

NIEHS employee training program grantees identified a need to establishcriteria for determining the quality of employee health and safety trainingprograms. This was believed by the workshop to be especially critical formeeting the training requirements of the Occupational Safety and HealthAdministration (OSHA) rule for hazardous waste operations and emergencyresponse (29 CFR 1910.120). The NIEHS employee training program granteesplanned a workshop to identify, evaluate, discuss and make recommendations ontraining quality issues in this area. A planning committee met twice todevelop a draft discussion document for the workshop's deliberations. Theworkshop brought together representatives from each of the NIEHS grantees,and invited experts from management, labor, academia, and government. Abalance of such representations was sought for each of the workshop's fivesub-sessions. The sub-sessions topics included the following:.

1. General Criteria. 2. General hazardous waste operations andsite-specific training. 3. RCRA-treatment, storage, and disposal (TSD) sites.4. Emergency response. 5. Guidelines for accreditation. At the closingplenary, a draft final report from the workshop was sent out for a review byparticipants. Comments offered during the closing plenary and for a periodafter the meeting were received and included as appropriate in the finaldocument. The report represents the views of the technical experts ratherthan an official position by any agency, including NIEHS.

NIEHS is authorized under the Superfund Amendments and Reauthorization Actof 1986 (SARA) to award grants to nonprofit organizations that demonstrateexperience in implementing and operating employee health and safety trainingand education programs and that demonstrate the ability to reach and involvein training programs target populations ow employees who are or will beengaged in hazardous materials waste removal, containment, or emergencyresponse operations. The grantees who attended the conference met therequirements of and participation in the NIEHS program.

OSHA has reviewed the guidelines. Overall they would lead to a highlyeffective training program. Following them would certainly meet the trainingrequirements of 1910.120 and 1926.65 as a general matter. The detailedguidance they present would be helpful to trainers and employers and wouldlead to better training of employees. Accordingly OSHA is publishing them asa non-mandatory Appendix E to those standards.

However, the legal requirements are set forth in the body of the standards.These require site-specific elements that of course can not be covered ingeneral guidelines. In addition, some of the guidelines go beyond the clearrequirements of the regulatory text in paragraphs (a) to (q). In those cases,employers would only be cited if the employee's training did not meet therequirements of paragraphs (a) through (q). Accordingly, Appendix E is notcalled "minimum criteria" as ACCSH entitled them. In addition, there areother training curriculum resources available that can provide additionalguidance to individuals preparing training programs. Therefore, theseappendices are not only based upon the NIEHS document but also upon othertraining program guidance documents. OSHA has utilized documents developed bythe National Fire Protection Association, the International Association ofFire Service Instructors, and others to supplement the guidance provided inthe NIEHS document.

Technical Amendments to Appendix B. It has been brought to the attention ofOSHA that certain references made to National Fire Protection Associationstandards in Appendix B to 1910.120 and 1926.65 are outdated. OSHA makesreference to NFPA 1991, NFPA 1992, and NFPA 1993 as standards that were underdevelopment at the time 29 CFR 1910.120 was published. These references areoutdated because the NFPA standards referred to in the existing text are nolonger "under development" but were published in 1990 as voluntary consensusstandards by NFPA.

The revisions to Appendix B of #167; 1910.120 and Appendix B of #167; 1926.65that are contained in this notice recognize the adoption of these NFPAstandards. The revisions correct editorially the text of these appendices torecognize the current status of the referenced NFPA standards.

This document makes technical amendments and adds a non-mandatory appendixfor informational purposes that do not change regulatory requirements.Accordingly, the agency finds that notice and comments are unnecessarypursuant to the Administrative Procedures Act, 5 U.S.C. 553(b) and accordingto OSHA procedural rules in 29 CFR 1911.5.

Authority.

This document was prepared under the direction of Joseph Dear, AssistantSecretary of Labor for Occupational Safety and Health, U.S. Department ofLabor, 200 Constitution Avenue, NW, Washington D.C. 20210. Pursuant tosection 126 of the Superfund Amendments and Reauthorization Act of 1986 asamended (Public Law 99-499, 100 Stat. 1690 as amended by Public Law 100-202,section 101(f), 101 Stat. 1329- 198, 29 U.S.C. 655 note), sections 6 and 8 ofthe Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 657), section4 of the Administrative Procedures Act (5 U.S.C. 553), 29 CFR Part 1911 andSecretary of Labor's Order 9-83 (48 FR 35736), #167; 1910.120 of 29 CFR Part1910 is amended as set forth below.

Signed at Washington, DC this 12th day of August, 1994.

Joseph A. Dear.

Assistant Secretary of Labor.

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS.

1. The authority citation for Subpart H continues to read as follows:.

Authority: Sections 4, 6, and 8 of the Occupational Safety and Health Actof 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), asapplicable.

Sections 1910.103, 1910.106, 1910.107, 1910.108, 1910.109, 1910.110,1910.111 and 1910.119 are also issued under 29 CFR part 1911.

Section 1910.119 is also issued under #167; 304, Clean Air Act Amendments of1990 (Pub. L. 101-549, Nov. 15, 1990, reprinted at 29 U.S.C. 655 Note (Sup.1991).

Section 1910.120 is also issued under #167; 126, Superfund Amendments andReauthorization Act of 1986 as amended (29 U.S.C. 655 note), 5 U.S.C. 553,and 29 CFR part 1911.

2. The last two paragraphs of Appendix B to #167; 1910.120--GeneralDescription and Discussion of the Levels of Protection and Protective Gearare revised to read as follows:.

Appendix B to #167; 1910.120--General Description and Discussion of theLevels of Protection and Protective Gear * * *.

Note: * * * As an aid in selecting suitable chemicalprotective clothing, it should be noted that the National Fire ProtectionAssociation (NFPA) has developed standards on chemical protective clothing.The standards that have been adopted by include:.

NFPA 1991--Standard on Vapor-Protective Suits for Hazardous ChemicalEmergencies (EPA Level A Protective Clothing).

NFPA 1992--Standard on Liquid Splash-Protective Suits for Hazardous ChemicalEmergencies (EPA Level B Protective Clothing).

NFPA 1993--Standard on Liquid Splash-Protective Suits for Non-.

emergency, Non-flammable Hazardous Chemical Situations (EPA Level BProtective Clothing).

These standards apply documentation and performance requirements to themanufacture of chemical protective suits. Chemical protective suits meetingthese requirements are labelled as compliant with the appropriate standard.It is recommended that chemical protective suits that meet these standards beused.

3. A new non-mandatory appendix, Appendix E, is added to 29 CFR 1910.120 toread as follows:.

Appendix E to #167; 1910.120--Training Curriculum Guidelines..

The following non-mandatory general criteria may be used for assistance indeveloping site-specific training curriculum used to meet the trainingrequirements of 29 CFR 1910.120(e); 29 CFR 1910.120(p)(7), (p)(8)(iii); and29 CFR 1910.120(q)(6), (q)(7), and (q)(8). These are generic guidelines andthey are not presented as a complete training curriculum for any specificemployer. Site- specific training programs must be developed on the basis ofa needs assessment of the hazardous waste site, RCRA/TSDF, or emergencyresponse operation in accordance with 29 CFR 1910.120.

It is noted that the legal requirements are set forth in the regulatory textof #167; 1910.120. The guidance set forth here presents a highly effectiveprogram that in the areas covered would meet or exceed the regulatoryrequirements. In addition, other approaches could meet the regulatoryrequirements.

Suggested General Criteria.

Definitions:.

"Competent" means possessing the skills, knowledge, experience, and judgmentto perform assigned tasks or activities satisfactorily as determined by theemployer.

"Demonstration" means the showing by actual use of equipment or procedures.

"Hands-on training" means training in a simulated work environment thatpermits each student to have experience performing tasks, making decisions,or using equipment appropriate to the job assignment for which the trainingis being conducted.

"Initial training" means training required prior to beginning work."Lecture" means an interactive discourse with a class lead by aninstructor.

"Proficient" means meeting a stated level of achievement."Site-specific" means individual training directed to the operations of aspecific job site.

"Training hours" means the number of hours devoted to lecture, learningactivities, small group work sessions, demonstration, evaluations, orhands-on experience.

Suggested core criteria:.

1. Training facility. The training facility should have available sufficientresources, equipment, and site locations to perform didactic and hands-ontraining when appropriate. Training facilities should have sufficientorganization, support staff, and services to conduct training in each of thecourses offered.

2. Training Director. Each training program should be under the direction ofa training director who is responsible for the program. The Training Directorshould have a minimum of two years of employee education experience.

3. Instructors. Instructors should be deem competent on the basis ofprevious documented experience in their area of instruction, successfulcompletion of a "train-the-trainer" program specific to the topics they willteach, and an evaluation of instructional competence by the TrainingDirector.

Instructors should be required to maintain professional competency byparticipating in continuing education or professional development programs orby completing successfully an annual refresher course and having an annualreview by the Training Director.

The annual review by the Training Director should include observation of aninstructor's delivery, a review of those observations with the trainer, andan analysis of any instructor or class evaluations completed by the studentsduring the previous year.

4. Course materials. The Training Director should approve all coursematerials to be used by the training provider. Course materials should bereviewed and updated at least annually. Materials and equipment should be ingood working order and maintained properly.

All written and audio-visual materials in training curricula should be peerreviewed by technically competent outside reviewers or by a standing advisorycommittee.

Reviews should possess expertise in the following disciplines wereapplicable: occupational health, industrial hygiene and safety,chemical/environmental engineering, employee education, or emergencyresponse. One or more of the peer reviewers should be a employee experiencedin the work activities to which the training is directed.

5. Students. The program for accepting students should include:.

a. Assurance that the student is or will be involved in work where chemicalexposures are likely and that the student possesses the skills necessary toperform the work.

b. A policy on the necessary medical clearance.

6. Ratios. Student-instructor ratios should not exceed 30 students per instructor.Hands-on activity requiring the use of personal protective equipment shouldhave the following student- instructor ratios. For Level C or Level Dpersonal protective equipment the ratio should be 10 students per instructor.For Level A or Level B personal protective equipment the ratio should be 5students per instructor.

7. Proficiency assessment. Proficiency should be evaluated and documented bythe use of a written assessment and a skill demonstration selected anddeveloped by the Training Director and training staff. The assessment anddemonstration should evaluate the knowledge and individual skills developedin the course of training. The level of minimum achievement necessary forproficiency shall be specified in writing by the Training Director.

If a written test is used, there should be a minimum of 50 questions. If awritten test is used in combination with a skills demonstration, a minimum of25 questions should be used. If a skills demonstration is used, the taskschosen and the means to rate successful completion should be fully documentedby the Training Director.

The content of the written test or of the skill demonstration shall berelevant to the objectives of the course. The written test and skilldemonstration should be updated as necessary to reflect changes in thecurriculum and any update should be approved by the Training Director.

The proficiency assessment methods, regardless of the approach orcombination of approaches used, should be justified, documented and approvedby the Training Director.

The proficiency of those taking the additional courses for supervisorsshould be evaluated and documented by using proficiency assessment methodsacceptable to the Training Director. These proficiency assessment methodsmust reflect the additional responsibilities borne by supervisory personnelin hazardous waste operations or emergency response.

8. Course certificate. Written documentation should be provided to eachstudent who satisfactorily completes the training course. The documentationshould include:.

a. Student's name. .

b. Course title.

c. Course date.

d. Statement that the student has successfully completed the course.

e. Name and address of the training provider.

f. An individual identification number for the certificate.

g. List of the levels of personal protective equipment used by the student to complete the course.

This documentation may include a certificate and an appropriate wallet-sizedlaminated card with a photograph of the student and the above information.When such course certificate cards are used, the individual identificationnumber for the training certificate should be shown on the card.

9. Recordkeeping. Training providers should maintain records listing thedates courses were presented, the names of the individual course attenders,the names of those students successfully completing each course, and thenumber of training certificates issued to each successful student. Theserecords should be maintained for a minimum of five years after the date anindividual participated in a training program offered by the trainingprovider. These records should be available and provided upon the student'srequest or as mandated by law.

10. Program quality control. The Training Director should conduct or directan annual written audit of the training program. Program modifications toaddress deficiencies, if any, should be documented, approved, and implementedby the training provider. The audit and the program modification documentsshould be maintained at the training facility.

Suggested Program Quality Control Criteria.

Factors listed here are suggested criteria for determining the quality andappropriateness of employee health and safety training for hazardous wasteoperations and emergency response.

A. Training Plan. Adequacy and appropriateness of the trainingprogram's curriculum development, instructor training, distribution of coursematerials, and direct student training should be considered, including .

1. The duration of training, course content, and course schedules/agendas;.

2. The different training requirements of the various target populations, asspecified in the appropriate generic training curriculum;.

3. The process for the development of curriculum, which includes appropriatetechnical input, outside review, evaluation, program pretesting.

4. The adequate and appropriate inclusion of hands-on, demonstration, andinstruction methods;.

5. Adequate monitoring of student safety, progress, and performance duringthe training.

B. Program management, Training Director, staff, and consultants.

Adequacy and appropriateness of staff performance and delivering aneffective training program should be considered, including .

1. Demonstration of the training director's leadership in assuring quality of health andsafety training.

2. Demonstration of the competency of the staff to meet the demands ofdelivering high quality hazardous waste employee health and safety training.

3. Organization charts establishing clear lines of authority.

4. Clearly defined staff duties including the relationship of the training staffto the overall program.

5. Evidence that the training organizational structure suits the needs ofthe training program.

6. Appropriateness and adequacy of the training methods used by theinstructors.

7. Sufficiency of the time committed by the training director and staff tothe training program.

8. Adequacy of the ratio of training staff to students.

9. Availability and commitment of the training program of adequate human andequipment resources in the areas of a. Health effects, b. Safety, c. Personalprotective equipment (PPE), d. Operational procedures, e. Employee protectionpractices/procedures.

10. Appropriateness of management controls.

11. Adequacy of the organization and appropriate resources assigned to assureappropriate training.

12. In the case of multiple-site training programs, adequacy of satellitecenters management.

C. Training facilities and resources. Adequacy and appropriatenessof the facilities and resources for supporting the training program should beconsidered, including, .

1. Space and equipment to conduct the training.

2. Facilities for representative hands-on training.

3. In the case of multiple-site programs, equipment and facilities at the satellitecenters.

4. Adequacy and appropriateness of the quality control and evaluationsprogram to account for instructor performance.

5. Adequacy and appropriateness of the quality control and evaluationprogram to ensure appropriate course evaluation, feedback, updating, andcorrective action.

6. Adequacy and appropriateness of disciplines and expertise being usedwithin the quality control and evaluation program.

7. Adequacy and appropriateness of the role of student evaluations toprovide feedback for training program improvement.

D. Quality control and evaluation. Adequacy and appropriateness ofquality control and evaluation plans for training programs should beconsidered, including:.

1. A balanced advisory committee and/or competent outside reviewers to giveoverall policy guidance;.

2. Clear and adequate definition of the composition and active programmaticrole of the advisory committee or outside reviewers.

3. Adequacy of the minutes or reports of the advisory committee or outsidereviewers' meetings or written communication.

4. Adequacy and appropriateness of the quality control and evaluationsprogram to account for instructor performance.

5. Adequacy and appropriateness of the quality control and evaluationprogram to ensure appropriate course evaluation, feedback, updating, andcorrective action.

6. Adequacy and appropriateness of disciplines and expertise being usedwithin the quality control and evaluation program.

7. Adequacy and appropriateness of the role of student evaluations toprovide feedback for training program improvement.

E. Students Adequacy and appropriateness of the program foraccepting students should be considered, including .

1. Assurance that thestudent already possess the necessary skills for their job, includingnecessary documentation.

2. Appropriateness of methods the program uses to ensure that recruits arecapable of satisfactorily completing training.

3. Review and compliance with any medical clearance policy.

F. Institutional Environment and Administrative Support The adequacyand appropriateness of the institutional environment and administrativesupport system for the training program should be considered, including 1.Adequacy of the institutional commitment to the employee trainingprogram.

2. Adequacy and appropriateness of the administrative structure andadministrative support.

G. Summary of Evaluation Questions Key questions for evaluating thequality and appropriateness of an overall training program should include thefollowing:.

1. Are the program objectives clearly stated? .

2. Is the programaccomplishing its objectives? .

3. Are appropriate facilities and staffavailable? .

4. Is there an appropriate mix of classroom, demonstration, andhands-on training? .

5. Is the program providing quality employee health andsafety training that fully meets the intent of regulatory requirements? .

6.What are the program's main strengths? .

7. What are the program's mainweaknesses? .

8. What is recommended to improve the program? .

9. Are instructorsinstructing according to their training outlines? .

10. Is the evaluation toolcurrent and appropriate for the program content? .

11. Is the course materialcurrent and relevant to the target group?.

Suggested Training Curriculum Guidelines.

The following training curriculum guidelines are for those operationsspecifically identified in 29 CFR 1910.120 as requiring training. Issues suchas qualifications of instructors, training certification, and similarcriteria appropriate to all categories of operations addressed in 1910.120have been covered in the preceding section and are not re-addressed in eachof the generic guidelines. Basic core requirements for training programs thatare addressed include .

1. General Hazardous Waste Operations .

2. RCRAoperations--Treatment, storage, and disposal facilities.

3. EmergencyResponse.

A. General Hazardous Waste Operations and Site-specific Training 1.Off-site training.Training course content for hazardous waste operations,required by 29 CFR 1910.120(e), should include the following topics orprocedures:.

a. Regulatory knowledge.

(1) An review of 29 CFR 1910.120 and thecore elements of an occupational safety and health program.

(2) The content of a medical surveillance program as outlined in 29 CFR1910.120(f).

(3) The content of an effective site safety and health plan consistent withthe requirements of 29 CFR 1910.120(b)(4)(ii).

(4) Emergency response plan and procedures as outlined in 29 CFR 1910.38 and29 CFR 1910.120(l).

(5) Adequate illumination.

(6) Sanitation recommendation andequipment.

(7) Review and explanation of OSHA's hazard-communication standard(29 CFR 1910.1200) and lock-out-tag-out standard (29 CFR 1910.147).

(8) Review of other applicable standards including but not limited to thosein the construction standards (29 CFR Part 1926).

(9) Rights and responsibilities of employers and employees under applicableOSHA and EPA laws.

b. Technical knowledge.

(1) Type of potential exposures to chemical,biological, and radiological hazards; types of human responses to thesehazards and recognition of those responses; principles of toxicology andinformation about acute and chronic hazards; health and safety considerationsof new technology.

(2) Fundamentals of chemical hazards including but not limited to vaporpressure, boiling points, flash points, ph, other physical and chemicalproperties.

(3) Fire and explosion hazards of chemicals.

(4) General safetyhazards such as but not limited to electrical hazards, powered equipmenthazards, motor vehicle hazards, walking- working surface hazards, excavationhazards, and hazards associated with working in hot and cold temperatureextremes.

(5) Review and knowledge of confined space entry procedures in 29 CFR1910.146.

(6) Work practices to minimize employee risk from site hazards.

(7)Safe use of engineering controls, equipment, and any new relevant safetytechnology or safety procedures.

(8) Review and demonstration of competency with air sampling and monitoringequipment that may be used in a site monitoring program.

(9) Container sampling procedures and safeguarding; general drum andcontainer handling procedures including special requirement for laboratorywaste packs, shock-sensitive wastes, and radioactive wastes.

(10) The elements of a spill control program.

(11) Proper use andlimitations of material handling equipment.

(12) Procedures for safe andhealthful preparation of containers for shipping and transport.

(13) Methods of communication including those used while wearing respiratoryprotection.

c. Technical skills.

(1) Selection, use maintenance, and limitationsof personal protective equipment including the components and procedures forcarrying out a respirator program to comply with 29 CFR 1910.134.

(2) Instruction in decontamination programs including personnel, equipment,and hardware; hands-on training including level A, B, and C ensembles andappropriate decontamination lines; field activities including the donning anddoffing of protective equipment to a level commensurate with the employee'santicipated job function and responsibility and to the degree required bypotential hazards.

(3) Sources for additional hazard information; exercises using relevantmanuals and hazard coding systems.

d. Additional suggested items.

(1) A laminated, dated card orcertificate with photo, denoting limitations and level of protection forwhich the employee is trained should be issued to those students successfullycompleting a course.

(2) Attendance should be required at all training modules, with successfulcompletion of exercises and a final written or oral examination with at least50 questions.

(3) A minimum of one-third of the program should be devoted to hands-onexercises.

(4) A curriculum should be established for the 8-hour refresher trainingrequired by 29 CFR 1910.120(e)(8), with delivery of such courses directedtoward those areas of previous training that need improvement or reemphasis.

(5) A curriculum should be established for the required 8-hour training forsupervisors. Demonstrated competency in the skills and knowledge provided ina 40-hour course should be a prerequisite for supervisor training.

2. Refresher training. The 8-hour annual refresher training requiredin 29 CFR 1910.120(e)(8) should be conducted by qualified training providers.Refresher training should include at a minimum the following topics andprocedures:.

(a) Review of and retraining on relevant topics covered in the 40-hourprogram, as appropriate, using reports by the students on their workexperiences.

(b) Update on developments with respect to material covered in the 40-hourcourse.

(c) Review of changes to pertinent provisions of EPA or OSHA standards orlaws.

(d) Introduction of additional subject areas as appropriate.

(e)Hands-on review of new or altered PPE or decontamination equipment orprocedures. Review of new developments in personal protectiveequipment.

(f) Review of newly developed air and contaminant monitoring equipment.

3. On-site training.

a. The employer should provide employeesengaged in hazardous waste site activities with information and trainingprior to initial assignment into their work area, as follows:.

(1) The requirements of the hazard communication program including thelocation and availability of the written program, required lists of hazardouschemicals, and material safety data sheets.

(2) Activities and locations in their work area where hazardous substancemay be present.

(3) Methods and observations that may be used to detect the present orrelease of a hazardous chemical in the work area (such as monitoringconducted by the employer, continuous monitoring devices, visual appearances,or other evidence (sight, sound or smell) of hazardous chemicals beingreleased, and applicable alarms from monitoring devices that record chemicalreleases.

(4) The physical and health hazards of substances known or potentiallypresent in the work area.

(5) The measures employees can take to help protect themselves fromwork-site hazards, including specific procedures the employer hasimplemented.

(6) An explanation of the labeling system and material safety data sheetsand how employees can obtain and use appropriate hazard information.

(7) The elements of the confined space program including special PPE,permits, monitoring requirements, communication procedures, emergencyresponse, and applicable lock-out procedures.

b. The employer should provide hazardous waste employees information andtraining and should provide a review and access to the site safety and planas follows:.

(1) Names of personnel and alternate responsible for site safety and health.

(2) Safety and health hazards present on the site.

(3) Selection,use, maintenance, and limitations of personal protective equipment specificto the site.

(4) Work practices by which the employee can minimize risks from hazards.

(5) Safe use of engineering controls and equipment available onsite.

(6) Safe decontamination procedures established to minimize employeecontact with hazardous substances, including:.

(A) Employee decontamination, (B) Clothing decontamination, and (C)Equipment decontamination.

(7) Elements of the site emergency response plan,including:

(A) Pre-emergency planning. (B) Personnel roles and lines ofauthority and communication. (C) Emergency recognition and prevention. (D)Safe distances and places of refuge. (E) Site security and control. (F)Evacuation routes and procedures. (G) Decontamination procedures not coveredby the site safety and health plan.(H) Emergency medical treatment and first aid. (I) Emergencyequipment and procedures for handling emergency incidents.

c. The employer should provide hazardous waste employees information andtraining on personal protective equipment used at the site, such as thefollowing:.

(1) PPE to be used based upon known or anticipated site hazards.

(2)PPE limitations of materials and construction; limitations during temperatureextremes, heat stress, and other appropriate medical considerations; use andlimitations of respirator equipment as well as documentation procedures asoutlined in 29 CFR 1910.134.

(3) PPE inspection procedures prior to, during, and after use.

(4)PPE donning and doffing procedures.

(5) PPE decontamination and disposalprocedures.

(6) PPE maintenance and storage.

(7) Task duration as related toPPE limitations.

d. The employer should instruct the employee about the sitemedical surveillance program relative to the particular site, including .

(1)Specific medical surveillance programs that have been adapted for thesite.

(2) Specific signs and symptoms related to exposure to hazardous materialson the site.

(3) The frequency and extent of periodic medical examinations that will beused on the site.

(4) Maintenance and availability of records.

(5) Personnel to becontacted and procedures to be followed when signs and symptoms of exposuresare recognized.

e. The employees will review and discuss the site safety plan as part of thetraining program. The location of the site safety plan and all writtenprograms should be discussed with employees including a discussion of themechanisms for access, review, and references described.

B. RCRA Operations Training for Treatment, Storage and Disposal Facilities.

1. As a minimum, the training course required in 29 CFR 1910.120 (p) shouldinclude the following topics:.

(a) Review of the applicable paragraphs of 29 CFR 1910.120 and the elementsof the employer's occupational safety and health plan.

(b) Review of relevant hazards such as, but not limited to, chemical,biological, and radiological exposures; fire and explosion hazards; thermalextremes; and physical hazards.

(c) General safety hazards including those associated with electricalhazards, powered equipment hazards, lock-out-tag-out procedures, motorvehicle hazards and walking-working surface hazards.

(d) Confined-space hazards and procedures.

(e) Work practices tominimize employee risk from workplace hazards.

(f) Emergency response planand procedures including first aid meeting the requirements of paragraph(p)(8).

(g) A review of procedures to minimize exposure to hazardous waste andvarious type of waste streams, including the materials handling program andspill containment program.

(h) A review of hazard communication programs meeting the requirements of 29CFR 1910.1200.

(i) A review of medical surveillance programs meeting the requirements of 29CFR 1910.120(p)(3) including the recognition of signs and symptoms ofoverexposure to hazardous substance including known synergistic interactions.

(j) A review of decontamination programs and procedures meeting therequirements of 29 CFR 1910.120(p)(4).

(k) A review of an employer's requirements to implement a training programand its elements.

(l) A review of the criteria and programs for proper selection and use ofpersonal protective equipment, including respirators.

(m) A review of the applicable appendices to 29 CFR 1910.120.

(n)Principles of toxicology and biological monitoring as they pertain tooccupational health.

(o) Rights and responsibilities of employees and employers under applicableOSHA and EPA laws.

(p) Hands-on exercises and demonstrations of competency with equipment toillustrate the basic equipment principles that may be used during theperformance of work duties, including the donning and doffing of PPE.

(q) Sources of reference, efficient use of relevant manuals, and knowledgeof hazard coding systems to include information contained in hazardous wastemanifests.

(r) At least 8 hours of hands-on training.

(s) Training in the jobskills required for an employee's job function and responsibility before theyare permitted to participate in or supervise field activities.

2. The individual employer should provide hazardous waste employees withinformation and training prior to an employee's initial assignment into awork area. The training and information should cover the following topics:.

(a) The Emergency response plan and procedures including first aid.

(b) A review of the employer's hazardous waste handling procedures includingthe materials handling program and elements of the spill containment program,location of spill response kits or equipment, and the names of those trainedto respond to releases.

(c) The hazardous communication program meeting the requirements of 29 CFR1910.1200.

(d) A review of the employer's medical surveillance program including therecognition of signs and symptoms of exposure to relevant hazardous substanceincluding known synergistic interactions.

(e) A review of the employer's decontamination program andprocedures.

(f) An review of the employer's training program and the partiesresponsible for that program.

(g) A review of the employer's personal protective equipment programincluding the proper selection and use of PPE based upon specific sitehazards.

(h) All relevant site-specific procedures addressing potential safety andhealth hazards. This may include, as appropriate, biological and radiologicalexposures, fire and explosion hazards, thermal hazards, and physical hazardssuch as electrical hazards, powered equipment hazards, lock-out-tag-outhazards, motor vehicle hazards, and walking-working surface hazards.

(i) Safe use engineering controls and equipment on site.

(j) Namesof personnel and alternates responsible for safety and health.

C. Emergency response training. Federal OSHA standards in 29 CFR1910.120(q) are directed toward private sector emergency responders.Therefore, the guidelines provided in this portion of the appendix aredirected toward that employee population. However, they also impactindirectly through State OSHA or USEPA regulations some public sectoremergency responders. Therefore, the guidelines provided in this portion ofthe appendix may be applied to both employee populations.

States with OSHA state plans must cover their employees with regulations atleast as effective as the Federal OSHA standards. Public employees in stateswithout approved state OSHA programs covering hazardous waste operations andemergency response are covered by the U.S. EPA under 40 CFR 311, a regulationvirtually identical to #167; 1910.120.

Since this is a non-mandatory appendix and therefore not an enforceablestandard, OSHA recommends that those employers, employees or volunteers inpublic sector emergency response organizations outside Federal OSHAjurisdiction consider the following criteria in developing their own trainingprograms. A unified approach to training at the community level betweenemergency response organizations covered by Federal OSHA and those notcovered directly by Federal OSHA can help ensure an effective communityresponse to the release or potential release of hazardous substances in thecommunity.

a. General considerations. Emergency response organizations arerequired to consider the topics listed in #167; 1910.120(q)(6). Emergencyresponse organizations may use some or all of the following topics tosupplement those mandatory topics when developing their response trainingprograms. Many of the topics would require an interaction between theresponse provider and the individuals responsible for the site where theresponse would be expected.

(1) Hazard recognition, including:.

(A) Nature of hazardous substances present, .

(B) Practicalapplications of hazard recognition, including presentations on biology,chemistry, and physics.

(2) Principles of toxicology, biological monitoring, and risk assessment.

(3) Safe work practices and general site safety.

(4) Engineeringcontrols and hazardous waste operations.

(5) Site safety plans and standardoperating procedures.

(6) Decontamination procedures and practices.

(7)Emergency procedures, first aid, and self-rescue.

(8) Safe use of fieldequipment.

(9) Storage, handling, use and transportation of hazardoussubstances.

(10) Use, care, and limitations of personal protective equipment.

(11) Safe sampling techniques.

(12) Rights and responsibilities of employeesunder OSHA and other related laws concerning right-to-know, safety andhealth, compensations and liability.

(13) Medical monitoring requirements.

(14) Community relations.

b.Suggested criteria for specific courses.

(1) First responder awareness level.

(A) Review of and demonstration of competency in performing the applicableskills of 29 CFR 1910.120(q).

(B) Hands-on experience with the U.S. Department of Transportation'sEmergency Response Guidebook (ERG) and familiarization with OSHA standard 29CFR 1910.1201.

(C) Review of the principles and practices for analyzing an incident todetermine both the hazardous substances present and the basic hazard andresponse information for each hazardous substance present.

(D) Review of procedures for implementing actions consistent with the localemergency response plan, the organization's standard operating procedures,and the current edition of DOT's ERG including emergency notificationprocedures and follow-up communications.

(E) Review of the expected hazards including fire and explosions hazards,confined space hazards, electrical hazards, powered equipment hazards, motorvehicle hazards, and walking-working surface hazards.

(F) Awareness and knowledge of the competencies for the First Responder atthe Awareness Level covered in the National Fire Protection Association'sStandard No. 472, Professional Competence of Responders to HazardousMaterials Incidents.

(2) First responder operations level.

(A) Review of anddemonstration of competency in performing the applicable skills of 29 CFR1910.120(q).

(B) Hands-on experience with the U.S. Department of Transportation'sEmergency Response Guidebook (ERG), manufacturer material safety data sheets,CHEMTREC/CANUTEC, shipper or manufacturer contacts, and other relevantsources of information addressing hazardous substance releases.Familiarization with OSHA standard 29 CFR 1910.1201.

(C) Review of the principles and practices for analyzing an incident todetermine the hazardous substances present, the likely behavior of thehazardous substance and its container, the types of hazardous substancetransportation containers and vehicles, the types and selection of theappropriate defensive strategy for containing the release.

(D) Review of procedures for implementing continuing response actionsconsistent with the local emergency response plan, the organization'sstandard operating procedures, and the current edition of DOT's ERG includingextended emergency notification procedures and follow-up communications.

(E) Review of the principles and practice for proper selection and use ofpersonal protective equipment.

(F) Review of the principles and practice of personnel and equipmentdecontamination.

(G) Review of the expected hazards including fire and explosions hazards,confined space hazards, electrical hazards, powered equipment hazards, motorvehicle hazards, and walking-working surface hazards.

(H) Awareness and knowledge of the competencies for the First Responder atthe Operations Level covered in the National Fire Protection Association'sStandard No. 472, Professional Competence of Responders to HazardousMaterials Incidents.

(3) Hazardous materials technician.

(A) Review of and demonstrationof competency in performing the applicable skills of 29 CFR1910.120(q).

(B) Hands-on experience with written and electronic information relative toresponse decision making including but not limited to the U.S. Department ofTransportation's Emergency Response Guidebook (ERG), manufacturer materialsafety data sheets, CHEMTREC/CANUTEC, shipper or manufacturer contacts,computer data bases and response models, and other relevant sources ofinformation addressing hazardous substance releases. Familiarization withOSHA standard 29 CFR 1910.1201.

(C) Review of the principles and practices for analyzing an incident todetermine the hazardous substances present, their physical and chemicalproperties, the likely behavior of the hazardous substance and its container,the types of hazardous substance transportation containers and vehiclesinvolved in the release, the appropriate strategy for approaching releasesites and containing the release.

(D) Review of procedures for implementing continuing response actionsconsistent with the local emergency response plan, the organization'sstandard operating procedures, and the current edition of DOT's ERG includingextended emergency notification procedures and follow-up communications.

(E) Review of the principles and practice for proper selection and use ofpersonal protective equipment.

(F) Review of the principles and practices of establishing exposure zones,proper decontamination and medical surveillance stations and procedures.

(G) Review of the expected hazards including fire and explosions hazards,confined space hazards, electrical hazards, powered equipment hazards, motorvehicle hazards, and walking-working surface hazards.

(H) Awareness and knowledge of the competencies for the Hazardous MaterialsTechnician covered in the National Fire Protection Association's Standard No.472, Professional Competence of Responders to Hazardous Materials Incidents.

(4) Hazardous materials specialist.

(A) Review of and demonstrationof competency in performing the applicable skills of 29 CFR1910.120(q).

(B) Hands-on experience with retrieval and use of written and electronicinformation relative to response decision making including but not limited tothe U.S. Department of Transportation's Emergency Response Guidebook (ERG),manufacturer material safety data sheets, CHEMTREC/CANUTEC, shipper ormanufacturer contacts, computer data bases and response models, and otherrelevant sources of information addressing hazardous substance releases.Familiarization with OSHA standard 29 CFR 1910.1201.

(C) Review of the principles and practices for analyzing an incident todetermine the hazardous substances present, their physical and chemicalproperties, and the likely behavior of the hazardous substance and itscontainer, vessel, or vehicle.

(D) Review of the principles and practices for identification of the typesof hazardous substance transportation containers, vessels and vehiclesinvolved in the release; selecting and using the various types of equipmentavailable for plugging or patching transportation containers, vessels orvehicles; organizing and directing the use of multiple teams of hazardousmaterial technicians and selecting the appropriate strategy for approachingrelease sites and containing or stopping the release.

(E) Review of procedures for implementing continuing response actionsconsistent with the local emergency response plan, the organization'sstandard operating procedures, including knowledge of the available publicand private response resources, establishment of an incident command post,direction of hazardous material technician teams, and extended emergencynotification procedures and follow-up communications.

(F) Review of the principles and practice for proper selection and use ofpersonal protective equipment.

(G) Review of the principles and practices of establishing exposure zonesand proper decontamination, monitoring and medical surveillance stations andprocedures.

(H) Review of the expected hazards including fire and explosions hazards,confined space hazards, electrical hazards, powered equipment hazards, motorvehicle hazards, and walking-working surface hazards.

(I) Awareness and knowledge of the competencies for the Off-site SpecialistEmployee covered in the National Fire Protection Association's Standard No.472, Professional Competence of Responders to Hazardous Materials Incidents.

(5) Incident commander. The incident commander is the individualwho, at any one time, is responsible for and in control of the responseeffort. This individual is the person responsible for the direction andcoordination of the response effort. An incident commander's position shouldbe occupied by the most senior, appropriately trained individual present atthe response site. Yet, as necessary and appropriate by the level of responseprovided, the position may be occupied by many individuals during aparticular response as the need for greater authority, responsibility, ortraining increases. It is possible for the first responder at the awarenesslevel to assume the duties of incident commander until a more senior andappropriately trained individual arrives at the response site.

Therefore, any emergency responder expected to perform as an incidentcommander should be trained to fulfill the obligations of the position at thelevel of response they will be providing including the following:.

(A) Ability to analyze a hazardous substance incident to determine themagnitude of the response problem.

(B) Ability to plan and implement an appropriate response plan within thecapabilities of available personnel and equipment.

(C) Ability to implement a response to favorably change the outcome of theincident in a manner consistent with the local emergency response plan andthe organization's standard operating procedures.

(D) Ability to evaluate the progress of the emergency response to ensurethat the response objectives are being met safely, effectively, andefficiently.

(E) Ability to adjust the response plan to the conditions of the responseand to notify higher levels of response when required by the changes to theresponse plan.

PART 1926--CONSTRUCTION SAFETY AND HEALTH STANDARDS.

4. The authority citation for Subpart D of Part 1926 is revised to read asfollows:.

Authority: #167; 107, Contract Work Hours and Safety Standards Act (40U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and Health Act of 1970(29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754),8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable.

Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued under 5 U.S.C.553 and 29 CFR part 1911.

Section 1926.62 issued under #167; 1031 of the Housing and CommunityDevelopment Act of 1992 (#167; 1031, title X, 106 Stat. 3924 (42 U.S.C. 4853).

Section 1926.65 also issued under #167; 126, Superfund Amendments andReauthorization Act of 1986 as amended (29 U.S.C. 655 note), 5 U.S.C. 553,and 29 CFR part 1911.

5. The last two paragraphs of Appendix B to #167; 1926.65--GeneralDescription and Discussion of the Levels of Protection and Protective Gearare revised to read as follows:.

Appendix B to #167; 1926.65--General Description and Discussion of theLevels of Protection and Protective Gear * * *.

Note: * * * As an aid in selecting suitable chemicalprotective clothing, it should be noted that the National Fire ProtectionAssociation (NFPA) has developed standards on chemical protective clothing.The standards that have been adopted by include:.

NFPA 1991--Standard on Vapor-Protective Suits for Hazardous ChemicalEmergencies (EPA Level A Protective Clothing).

NFPA 1992--Standard on Liquid Splash-Protective Suits for Hazardous ChemicalEmergencies (EPA Level B Protective Clothing).

NFPA 1993--Standard on Liquid Splash-Protective Suits for Non-emergency, Non-flammable Hazardous Chemical Situations (EPA Level BProtective Clothing).

These standards apply documentation and performance requirements to themanufacture of chemical protective suits. Chemical protective suits meetingthese requirements are labelled as compliant with the appropriate standard.It is recommended that chemical protective suits that meet these standards beused.

6. A new non-mandatory appendix is added to 29 CFR 1926.65 to read asfollows:.

Appendix to #167; 1926.65--Training Curriculum Guidelines.

The following non-mandatory general criteria may be used for assistance indeveloping site-specific training curriculum used to meet the trainingrequirements of 29 CFR 1926.65(e); 29 CFR 1926.65(p)(7), (p)(8)(iii); and 29CFR 1926.65(q)(6), (q)(7), and (q)(8). These are generic guidelines and theyare not presented as a complete training curriculum for any specificemployer. Site- specific training programs must be developed on the basis ofa needs assessment of the hazardous waste site, RCRA/TSDF, or emergencyresponse operation in accordance with 29 CFR 1926.65.

It is noted that the legal requirements are set forth in the regulatory textof #167; 1926.65. The guidance set forth here presents a highly effectiveprogram that in the areas covered would meet or exceed the regulatoryrequirements. In addition, other approaches could meet the regulatoryrequirements.

Suggested General Criteria.

Definitions:.

"Competent" means possessing the skills, knowledge, experience, and judgmentto perform assigned tasks or activities satisfactorily as determined by theemployer.

"Demonstration" means the showing by actual use of equipment or procedures.

"Hands-on training" means training in a simulated work environment thatpermits each student to have experience performing tasks, making decisions,or using equipment appropriate to the job assignment for which the trainingis being conducted.

"Initial training" means training required prior to beginning work."Lecture" means an interactive discourse with a class lead by aninstructor.

"Proficient" means meeting a stated level of achievement."Site-specific" means individual training directed to the operations of aspecific job site.

"Training hours" means the number of hours devoted to lecture, learningactivities, small group work sessions, demonstration, evaluations, orhands-on experience.

Suggested Core Criteria:.

1. Training facility. The training facility should have available sufficientresources, equipment, and site locations to perform didactic and hands-ontraining when appropriate. Training facilities should have sufficientorganization, support staff, and services to conduct training in each of thecourses offered.

2. Training Director. Each training program should be under the direction ofa training director who is responsible for the program. The Training Directorshould have a minimum of two years of employee education experience.

3. Instructors. Instructors should be deem competent on the basis ofprevious documented experience in their area of instruction, successfulcompletion of a "train-the-trainer" program specific to the topics they willteach, and an evaluation of instructional competence by the TrainingDirector.

Instructors should be required to maintain professional competency byparticipating in continuing education or professional development programs orby completing successfully an annual refresher course and having an annualreview by the Training Director.

The annual review by the Training Director should include observation of aninstructor's delivery, a review of those observations with the trainer, andan analysis of any instructor or class evaluations completed by the studentsduring the previous year.

4. Course materials. The Training Director should approve all coursematerials to be used by the training provider. Course materials should bereviewed and updated at least annually. Materials and equipment should be ingood working order and maintained properly.

All written and audio-visual materials in training curricula should be peerreviewed by technically competent outside reviewers or by a standing advisorycommittee.

Reviews should possess expertise in the following disciplines wereapplicable: occupational health, industrial hygiene and safety,chemical/environmental engineering, employee education, or emergencyresponse. One or more of the peer reviewers should be a employee experiencedin the work activities to which the training is directed.

5. Students. The program for accepting students should include:.

a. Assurance that the student is or will be involved in work where chemicalexposures are likely and that the student possesses the skills necessary toperform the work.

b. A policy on the necessary medical clearance.

6. Ratios.Student-instructor ratios should not exceed 30 students per instructor.Hands-on activity requiring the use of personal protective equipment shouldhave the following student- instructor ratios. For Level C or Level Dpersonal protective equipment the ratio should be 10 students per instructor.For Level A or Level B personal protective equipment the ratio should be 5students per instructor.

7. Proficiency assessment. Proficiency should be evaluated and documented bythe use of a written assessment and a skill demonstration selected anddeveloped by the Training Director and training staff. The assessment anddemonstration should evaluate the knowledge and individual skills developedin the course of training. The level of minimum achievement necessary forproficiency shall be specified in writing by the Training Director.

If a written test is used, there should be a minimum of 50 questions. If awritten test is used in combination with a skills demonstration, a minimum of25 questions should be used. If a skills demonstration is used, the taskschosen and the means to rate successful completion should be fully documentedby the Training Director.

The content of the written test or of the skill demonstration shall berelevant to the objectives of the course. The written test and skilldemonstration should be updated as necessary to reflect changes in thecurriculum and any update should be approved by the Training Director.

The proficiency assessment methods, regardless of the approach orcombination of approaches used, should be justified, document and approved bythe Training Director.

The proficiency of those taking the additional courses for supervisorsshould be evaluated and document by using proficiency assessment methodsacceptable to the Training Director. These proficiency assessment methodsmust reflect the additional responsibilities borne by supervisory personnelin hazardous waste operations or emergency response.

8. Course certificate. Written documentation should be provided to eachstudent who satisfactorily completes the training course. The documentationshould include:.

a. Student's name.

b. Course title.

c. Course date.

d. Statementthat the student has successfully completed the course.

e. Name and addressof the training provider.

f. An individual identification number for thecertificate.

g. List of the levels of personal protective equipment used bythe student to complete the course.

This documentation may include a certificate and an appropriate wallet-sizedlaminated card with a photograph of the student and the above information.When such course certificate cards are used, the individual identificationnumber for the training certificate should be shown on the card.

9. Recordkeeping. Training providers should maintain records listing thedates courses were presented, the names of the individual course attenders,the names of those students successfully completing each course, and thenumber of training certificates issued to each successful student. Theserecords should be maintained for a minimum of five years after the date anindividual participated in a training program offered by the trainingprovider. These records should be available and provided upon the student'srequest or as mandated by law.

10. Program quality control. The Training Director should conduct or directan annual written audit of the training program. Program modifications toaddress deficiencies, if any, should be documented, approved, and implementedby the training provider. The audit and the program modification documentsshould be maintained at the training facility.

Suggested Program Quality Control Criteria Factors listed here aresuggested criteria for determining the quality and appropriateness ofemployee health and safety training for hazardous waste operations andemergency response.

A. Training Plan. Adequacy and appropriateness of the trainingprogram's curriculum development, instructor training, distribution of coursematerials, and direct student training should be considered, including.

1. Theduration of training, course content, and course schedules/agendas;.

2. The different training requirements of the various target populations, asspecified in the appropriate generic training curriculum;.

3. The process for the development of curriculum, which includes appropriatetechnical input, outside review, evaluation, program pretesting.

4. The adequate and appropriate inclusion of hands-on, demonstration, andinstruction methods;.

5. Adequate monitoring of student safety, progress, and performance duringthe training.

B. Program management, Training Director, staff, and consultants.Adequacy and appropriateness of staff performance and delivering an effectivetraining program should be considered, including.

1. Demonstration of thetraining director's leadership in assuring quality of health and safetytraining.

2. Demonstration of the competency of the staff to meet the demands ofdelivering high quality hazardous waste employee health and safety training.

3. Organization charts establishing clear lines of authority.

4.Clearly defined staff duties including the relationship of the training staffto the overall program.

5. Evidence that the training organizational structure suits the needs ofthe training program.

6. Appropriateness and adequacy of the training methods used by theinstructors.

7. Sufficiency of the time committed by the training director and staff tothe training program.

8. Adequacy of the ratio of training staff to students.

9.Availability and commitment of the training program of adequate human andequipment resources in the areas of .

a. Health effects, .

b. Safety, .

c. Personalprotective equipment (PPE), .

d. Operational procedures, .

e. Employee protectionpractices/procedures.

10. Appropriateness of management controls.

11.Adequacy of the organization and appropriate resources assigned to assureappropriate training.

12. In the case of multiple-site training programs, adequacy of satellitecenters management.

C. Training facilities and resources. Adequacy and appropriatenessof the facilities and resources for supporting the training program should beconsidered, including,.

1. Space and equipment to conduct the training.

2.Facilities for representative hands-on training.

3. In the case ofmultiple-site programs, equipment and facilities at the satellitecenters.

4. Adequacy and appropriateness of the quality control and evaluationsprogram to account for instructor performance.

5. Adequacy and appropriateness of the quality control and evaluationprogram to ensure appropriate course evaluation, feedback, updating, andcorrective action.

6. Adequacy and appropriateness of disciplines and expertise being usedwithin the quality control and evaluation program.

7. Adequacy and appropriateness of the role of student evaluations toprovide feedback for training program improvement.

D. Quality control and evaluation. Adequacy and appropriateness ofquality control and evaluation plans for training programs should beconsidered, including:.

1. A balanced advisory committee and/or competent outside reviewers to giveoverall policy guidance;.

2. Clear and adequate definition of the composition and active programmaticrole of the advisory committee or outside reviewers.

3. Adequacy of the minutes or reports of the advisory committee or outsidereviewers' meetings or written communication.

4. Adequacy and appropriateness of the quality control and evaluationsprogram to account for instructor performance.

5. Adequacy and appropriateness of the quality control and evaluationprogram to ensure appropriate course evaluation, feedback, updating, andcorrective action.

6. Adequacy and appropriateness of disciplines and expertise being usedwithin the quality control and evaluation program.

7. Adequacy and appropriateness of the role of student evaluations toprovide feedback for training program improvement.

E. Students Adequacy and appropriateness of the program foraccepting students should be considered, including.

1. Assurance that thestudent already possess the necessary skills for their job, includingnecessary documentation.

2. Appropriateness of methods the program uses to ensure that recruits arecapable of satisfactorily completing training.

3. Review and compliance with any medical clearance policy.

F. Institutional Environment and Administrative Support The adequacyand appropriateness of the institutional environment and administrativesupport system for the training program should be considered, including.

1.Adequacy of the institutional commitment to the employee trainingprogram.

2. Adequacy and appropriateness of the administrative structure andadministrative support.

G. Summary of Evaluation Questions Key questions for evaluating thequality and appropriateness of an overall training program should include thefollowing:.

1. Are the program objectives clearly stated? .

2. Is the programaccomplishing its objectives? .

3. Are appropriate facilities and staffavailable? .

4. Is there an appropriate mix of classroom, demonstration, andhands-on training? .

5. Is the program providing quality employee health andsafety training that fully meets the intent of regulatory requirements? .

6.What are the program's main strengths? .

7. What are the program's mainweaknesses? .

8. What is recommended to improve the program? .

9. Are instructorsinstructing according to their training outlines? .

10. Is the evaluation toolcurrent and appropriate for the program content? .

11. Is the course materialcurrent and relevant to the target group?.

Suggested Training Curriculum Guidelines The following trainingcurriculum guidelines are for those operations specifically identified in 29CFR 1926.65 as requiring training. Issues such as qualifications ofinstructors, training certification, and similar criteria appropriate to allcategories of operations addressed in 1926.65 have been covered in thepreceding section and are not re-addressed in each of the generic guidelines.Basic core requirements for training programs that are addressed include .

1.General Hazardous Waste Operations .

2. RCRA operations--Treatment, storage,and disposal facilities.

3. Emergency Response.

A. General Hazardous Waste Operations and Site-specific Training .

1.Off-site training. Minimum training course content for hazardous wasteoperations, required by 29 CFR 1926.65(e), should include the followingtopics or procedures:.

a. Regulatory knowledge.

(1) A review of 29 CFR 1926.65 and the coreelements of an occupational safety and health program.

(2) The content of a medical surveillance program as outlined in 29 CFR1926.65(f).

(3) The content of an effective site safety and health plan consistent withthe requirements of 29 CFR 1926.65(b)(4)(ii).

(4) Emergency response plan and procedures as outlined in 29 CFR 1910.38 and29 CFR 1926.65(l).

(5) Adequate illumination.

(6) Sanitation recommendation andequipment.

(7) Review and explanation of OSHA's hazard-communication standard(29 CFR 1910.1200) and lock-out-tag-out standard (29 CFR 1910.147).

(8) Review of other applicable standards including but not limited to thosein the construction standards (29 CFR Part 1926).

(9) Rights and responsibilities of employers and employees under applicableOSHA and EPA laws.

b. Technical knowledge.

(1) Type of potential exposures to chemical,biological, and radiological hazards; types of human responses to thesehazards and recognition of those responses; principles of toxicology andinformation about acute and chronic hazards; health and safety considerationsof new technology.

(2) Fundamentals of chemical hazards including but not limited to vaporpressure, boiling points, flash points, ph, other physical and chemicalproperties.

(3) Fire and explosion hazards of chemicals.

(4) General safetyhazards such as but not limited to electrical hazards, powered equipmenthazards, motor vehicle hazards, walking- working surface hazards, excavationhazards, and hazards associated with working in hot and cold temperatureextremes.

(5) Review and knowledge of confined space entry procedures in 29 CFR1910.146.

(6) Work practices to minimize employee risk from site hazards.

(7)Safe use of engineering controls, equipment, and any new relevant safetytechnology or safety procedures.

(8) Review and demonstration of competency with air sampling and monitoringequipment that may be used in a site monitoring program.

(9) Container sampling procedures and safeguarding; general drum andcontainer handling procedures including special requirement for laboratorywaste packs, shock-sensitive wastes, and radioactive wastes.

(10) The elements of a spill control program.

(11) Proper use andlimitations of material handling equipment.

(12) Procedures for safe andhealthful preparation of containers for shipping and transport.

(13) Methods of communication including those used while wearing respiratoryprotection.

c. Technical skills.

(1) Selection, use maintenance, and limitationsof personal protective equipment including the components and procedures forcarrying out a respirator program to comply with 29 CFR 1910.134.

(2) Instruction in decontamination programs including personnel, equipment,and hardware; hands-on training including level A, B, and C ensembles andappropriate decontamination lines; field activities including the donning anddoffing of protective equipment to a level commensurate with the employee'santicipated job function and responsibility and to the degree required bypotential hazards.

(3) Sources for additional hazard information; exercises using relevantmanuals and hazard coding systems.

d. Additional suggested items.

(1) A laminated, dated card orcertificate with photo, denoting limitations and level of protection forwhich the employee is trained should be issued to those students successfullycompleting a course.

(2) Attendance should be required at all training modules, with successfulcompletion of exercises and a final written or oral examination with at least50 questions.

(3) A minimum of one-third of the program should be devoted to hands-onexercises.

(4) A curriculum should be established for the 8-hour refresher trainingrequired by 29 CFR 1926.65(e)(8), with delivery of such courses directedtoward those areas of previous training that need improvement or reemphasis.

(5) A curriculum should be established for the required 8-hour training forsupervisors. Demonstrated competency in the skills and knowledge provided ina 40-hour course should be a prerequisite for supervisor training.

2. Refresher training. The 8-hour annual refresher training requiredin 29 CFR 1926.65(e)(8) should be conducted by qualified training providers.Refresher training should include at a minimum the following topics andprocedures:.

(a) Review of and retraining on relevant topics covered in the 40-hourprogram, as appropriate, using reports by the students on their workexperiences.

(b) Update on developments with respect to material covered in the 40-hourcourse.

(c) Review of changes to pertinent provisions of EPA or OSHA standards orlaws.

(d) Introduction of additional subject areas as appropriate.

(e)Hands-on review of new or altered PPE or decontamination equipment orprocedures. Review of new developments in personal protectiveequipment.

(f) Review of newly developed air and contaminant monitoring equipment.

3. On-site training.

a. The employer should provide employeesengaged in hazardous waste site activities with information and trainingprior to initial assignment into their work area, as follows:.

(1) The requirements of the hazard communication program including thelocation and availability of the written program, required lists of hazardouschemicals, and material safety data sheets.

(2) Activities and locations in their work area where hazardous substancemay be present.

(3) Methods and observations that may be used to detect the present orrelease of a hazardous chemical in the work area (such as monitoringconducted by the employer, continuous monitoring devices, visual appearances,or other evidence (sight, sound or smell) of hazardous chemicals beingreleased, and applicable alarms from monitoring devices that record chemicalreleases.

(4) The physical and health hazards of substances known or potentiallypresent in the work area.

(5) The measures employees can take to help protect themselves fromwork-site hazards, including specific procedures the employer hasimplemented.

(6) An explanation of the labeling system and material safety data sheetsand how employees can obtain and use appropriate hazard information.

(7) The elements of the confined space program including special PPE,permits, monitoring requirements, communication procedures, emergencyresponse, and applicable lock-out procedures.

b. The employer should provide hazardous waste employees information andtraining and should provide a review and access to the site safety and planas follows:.

(1) Names of personnel and alternate responsible for site safety and health.

(2) Safety and health hazards present on the site.

(3) Selection,use, maintenance, and limitations of personal protective equipment specificto the site.

(4) Work practices by which the employee can minimize risks from hazards.

(5) Safe use of engineering controls and equipment available onsite.

(6) Safe decontamination procedures established to minimize employeecontact with hazardous substances, including:.

(A) Employee decontamination, .

(B) Clothing decontamination, and .

(C)Equipment decontamination.

(7) Elements of the site emergency response plan,including: .

(A) Pre-emergency planning.

(B) Personnel roles and lines ofauthority and communication.

(C) Emergency recognition and prevention.

(D)Safe distances and places of refuge.

(E) Site security and control.

(F)Evacuation routes and procedures.

(G) Decontamination procedures not coveredby the site safety and health plan.

(H) Emergency medical treatment and first aid.

(I) Emergencyequipment and procedures for handling emergency incidents.

c. The employer should provide hazardous waste employees information andtraining on personal protective equipment used at the site, such as thefollowing:.

(1) PPE to be used based upon known or anticipated site hazards.

(2)PPE limitations of materials and construction; limitations during temperatureextremes, heat stress, and other appropriate medical considerations; use andlimitations of respirator equipment as well as documentation procedures asoutlined in 29 CFR 1910.134.

(3) PPE inspection procedures prior to, during, and after use.

(4)PPE donning and doffing procedures.

(5) PPE decontamination and disposalprocedures.

(6) PPE maintenance and storage.

(7) Task duration as related toPPE limitations.

d. The employer should instruct the employee about the sitemedical surveillance program relative to the particular site, including .

(1)Specific medical surveillance programs that have been adapted for thesite.

(2) Specific signs and symptoms related to exposure to hazardous materialson the site.

(3) The frequency and extent of periodic medical examinations that will beused on the site.

(4) Maintenance and availability of records. (5) Personnel to becontacted and procedures to be followed when signs and symptoms of exposuresare recognized.

e. The employees will review and discuss the site safety plan as part of thetraining program. The location of the site safety plan and all writtenprograms should be discussed with employees including a discussion of themechanisms for access, review, and references described.

B. RCRA Operations Training for Treatment, Storage and Disposal Facilities.

1. As a minimum, the training course required in 29 CFR 1926.65 (p) shouldinclude the following topics:.

(a) Review of the applicable paragraphs of 29 CFR 1926.65 and the elementsof the employer's occupational safety and health plan.

(b) Review of relevant hazards such as, but not limited to, chemical,biological, and radiological exposures; fire and explosion hazards; thermalextremes; and physical hazards.

(c) General safety hazards including those associated with electricalhazards, powered equipment hazards, lock-out-tag-out procedures, motorvehicle hazards and walking-working surface hazards.

(d) Confined-space hazards and procedures.

(e) Work practices tominimize employee risk from workplace hazards.

(f) Emergency response planand procedures including first aid meeting the requirements of paragraph(p)(8).

(g) A review of procedures to minimize exposure to hazardous waste andvarious type of waste streams, including the materials handling program andspill containment program.

(h) A review of hazard communication programs meeting the requirements of 29CFR 1910.1200.

(i) A review of medical surveillance programs meeting the requirements of 29CFR 1926.65(p)(3) including the recognition of signs and symptoms ofoverexposure to hazardous substance including known synergistic interactions.

(j) A review of decontamination programs and procedures meeting therequirements of 29 CFR 1926.65(p)(4).

(k) A review of an employer's requirements to implement a training programand its elements.

(l) A review of the criteria and programs for proper selection and use ofpersonal protective equipment, including respirators.

(m) A review of the applicable appendices to 29 CFR 1926.65.

(n)Principles of toxicology and biological monitoring as they pertain tooccupational health.

(o) Rights and responsibilities of employees and employers under applicableOSHA and EPA laws.

(p) Hands-on exercises and demonstrations of competency with equipment toillustrate the basic equipment principles that may be used during theperformance of work duties, including the donning and doffing of PPE.

(q) Sources of reference, efficient use of relevant manuals, and knowledgeof hazard coding systems to include information contained in hazardous wastemanifests.

(r) At least 8 hours of hands-on training.

(s) Training in the jobskills required for an employee's job function and responsibility before theyare permitted to participate in or supervise field activities.

2. The individual employer should provide hazardous waste employees withinformation and training prior to an employee's initial assignment into awork area. The training and information should cover the following topics:.

(a) The Emergency response plan and procedures including first aid.

(b) A review of the employer's hazardous waste handling procedures includingthe materials handling program and elements of the spill containment program,location of spill response kits or equipment, and the names of those trainedto respond to releases.

(c) The hazardous communication program meeting the requirements of 29 CFR1910.1200.

(d) A review of the employer's medical surveillance program including therecognition of signs and symptoms of exposure to relevant hazardous substanceincluding known synergistic interactions.

(e) A review of the employer's decontamination program andprocedures.

(f) An review of the employer's training program and the partiesresponsible for that program.

(g) A review of the employer's personal protective equipment programincluding the proper selection and use of PPE based upon specific sitehazards.

(h) All relevant site-specific procedures addressing potential safety andhealth hazards. This may include, as appropriate, biological and radiologicalexposures, fire and explosion hazards, thermal hazards, and physical hazardssuch as electrical hazards, powered equipment hazards, lock-out-tag-outhazards, motor vehicle hazards, and walking-working surface hazards.

(i) Safe use engineering controls and equipment on site.

(j) Namesof personnel and alternates responsible for safety and health.

C. Emergency response training. Federal OSHA standards in 29 CFR1926.65(q) are directed toward private sector emergency responders.Therefore, the guidelines provided in this portion of the appendix aredirected toward that employee population. However, they also impactindirectly through State OSHA or USEPA regulations some public sectoremergency responders. Therefore, the guidelines provided in this portion ofthe appendix may be applied to both employee populations.

States with OSHA state plans must cover their employees with regulations atleast as effective as the Federal OSHA standards. Public employees in stateswithout approved state OSHA programs covering hazardous waste operations andemergency response are covered by the U.S. EPA under 40 CFR 311, a regulationvirtually identical to #167; 1926.65.

Since this is a non-mandatory appendix and therefore not an enforceablestandard, OSHA recommends that those employers, employees or volunteers inpublic sector emergency response organizations outside Federal OSHAjurisdiction consider the following criteria in developing their own trainingprograms. A unified approach to training at the community level betweenemergency response organizations covered by Federal OSHA and those notcovered directly by Federal OSHA can help ensure an effective communityresponse to the release or potential release of hazardous substances in thecommunity.

a. General considerations. Emergency response organizations arerequired to consider the topics listed in #167; 1926.65(q)(6). Emergencyresponse organizations may use some or all of the following topics tosupplement those mandatory topics when developing their response trainingprograms. Many of the topics would require an interaction between theresponse provider and the individuals responsible for the site where theresponse would be expected.

(1) Hazard recognition, including:.

(A) Nature of hazardous substances present, .

(B) Practicalapplications of hazard recognition, including presentations on biology,chemistry, and physics.

(2) Principles of toxicology, biological monitoring, and risk assessment.

(3) Safe work practices and general site safety.

(4) Engineeringcontrols and hazardous waste operations.

(5) Site safety plans and standardoperating procedures.

(6) Decontamination procedures and practices.

(7)Emergency procedures, first aid, and self-rescue.

(8) Safe use of fieldequipment.

(9) Storage, handling, use and transportation of hazardoussubstances.

(10) Use, care, and limitations of personal protective equipment.

(11) Safe sampling techniques.

(12) Rights and responsibilities of employeesunder OSHA and other related laws concerning right-to-know, safety andhealth, compensations and liability.

(13) Medical monitoring requirements.

(14) Community relations.

b.Suggested criteria for specific courses.

(1) First responder awareness level.

(A) Review of and demonstration of competency in performing the applicableskills of 29 CFR 1926.65(q).

(B) Hands-on experience with the U.S. Department of Transportation'sEmergency Response Guidebook (ERG) and familiarization with OSHA standard 29CFR 1926.60.

(C) Review of the principles and practices for analyzing an incident todetermine both the hazardous substances present and the basic hazard andresponse information for each hazardous substance present.

(D) Review of procedures for implementing actions consistent with the localemergency response plan, the organization's standard operating procedures,and the current edition of DOT's ERG including emergency notificationprocedures and follow-up communications.

(E) Review of the expected hazards including fire and explosions hazards,confined space hazards, electrical hazards, powered equipment hazards, motorvehicle hazards, and walking-working surface hazards.

(F) Awareness and knowledge of the competencies for the First Responder atthe Awareness Level covered in the National Fire Protection Association'sStandard No. 472, Professional Competence of Responders to HazardousMaterials Incidents.

(2) First responder operations level.

(A) Review of anddemonstration of competency in performing the applicable skills of 29 CFR1926.65(q).

(B) Hands-on experience with the U.S. Department of Transportation'sEmergency Response Guidebook (ERG), manufacturer material safety data sheets,CHEMTREC/CANUTEC, shipper or manufacturer contacts and other relevant sourcesof information addressing hazardous substance releases. Familiarization withOSHA standard 29 CFR 1926.60.

(C) Review of the principles and practices for analyzing an incident todetermine the hazardous substances present, the likely behavior of thehazardous substance and its container, the types of hazardous substancetransportation containers and vehicles, the types and selection of theappropriate defensive strategy for containing the release.

(D) Review of procedures for implementing continuing response actionsconsistent with the local emergency response plan, the organization'sstandard operating procedures, and the current edition of DOT's ERG includingextended emergency notification procedures and follow-up communications.

(E) Review of the principles and practice for proper selection and use ofpersonal protective equipment.

(F) Review of the principles and practice of personnel and equipmentdecontamination.

(G) Review of the expected hazards including fire and explosions hazards,confined space hazards, electrical hazards, powered equipment hazards, motorvehicle hazards, and walking-working surface hazards.

(H) Awareness and knowledge of the competencies for the First Responder atthe Operations Level covered in the National Fire Protection Association'sStandard No. 472, Professional Competence of Responders to HazardousMaterials Incidents.

(3) Hazardous materials technician.

(A) Review of and demonstrationof competency in performing the applicable skills of 29 CFR1926.65(q).

(B) Hands-on experience with written and electronic information relative toresponse decision making including but not limited to the U.S. Department ofTransportation's Emergency Response Guidebook (ERG), manufacturer materialsafety data sheets, CHEMTREC/CANUTEC, shipper or manufacturer contacts,computer data bases and response models, and other relevant sources ofinformation addressing hazardous substance releases. Familiarization with 29 CFR 1926.60.

(C) Review of the principles and practices for analyzing an incident todetermine the hazardous substances present, their physical and chemicalproperties, the likely behavior of the hazardous substance and its container,the types of hazardous substance transportation containers and vehiclesinvolved in the release, the appropriate strategy for approaching releasesites and containing the release.

(D) Review of procedures for implementing continuing response actionsconsistent with the local emergency response plan, the organization'sstandard operating procedures, and the current edition of DOT's ERG includingextended emergency notification procedures and follow-up communications.

(E) Review of the principles and practice for proper selection and use ofpersonal protective equipment.

(F) Review of the principles and practices of establishing exposure zones,proper decontamination and medical surveillance stations and procedures.

(G) Review of the expected hazards including fire and explosions hazards,confined space hazards, electrical hazards, powered equipment hazards, motorvehicle hazards, and walking-working surface hazards.

(H) Awareness and knowledge of the competencies for the Hazardous MaterialsTechnician covered in the National Fire Protection Association's Standard No.472, Professional Competence of Responders to Hazardous Materials Incidents.

(4) Hazardous materials specialist.

(A) Review of and demonstrationof competency in performing the applicable skills of 29 CFR1926.65(q).

(B) Hands-on experience with retrieval and use of written and electronicinformation relative to response decision making including but not limited tothe U.S. Department of Transportation's Emergency Response Guidebook (ERG),manufacturer material safety data sheets, CHEMTREC/CANUTEC, shipper ormanufacturer contacts, computer data bases and response models, and otherrelevant sources of information addressing hazardous substance releases.Familiarization with 29 CFR 1926.60.

(C) Review of the principles and practices for analyzing an incident todetermine the hazardous substances present, their physical and chemicalproperties, and the likely behavior of the hazardous substance and itscontainer, vessel, or vehicle.

(D) Review of the principles and practices for identification of the typesof hazardous substance transportation containers, vessels and vehiclesinvolved in the release; selecting and using the various types of equipmentavailable for plugging or patching transportation containers, vessels orvehicles; organizing and directing the use of multiple teams of hazardousmaterial technicians and selecting the appropriate strategy for approachingrelease sites and containing or stopping the release.

(E) Review of procedures for implementing continuing response actionsconsistent with the local emergency response plan, the organization'sstandard operating procedures, including knowledge of the available publicand private response resources, establishment of an incident command post,direction of hazardous material technician teams, and extended emergencynotification procedures and follow-up communications.

(F) Review of the principles and practice for proper selection and use ofpersonal protective equipment.

(G) Review of the principles and practices of establishing exposure zonesand proper decontamination, monitoring and medical surveillance stations andprocedures.

(H) Review of the expected hazards including fire and explosions hazards,confined space hazards, electrical hazards, powered equipment hazards, motorvehicle hazards, and walking-working surface hazards.

(I) Awareness and knowledge of the competencies for the Off-site SpecialistEmployee covered in the National Fire Protection Association's Standard No.472, Professional Competence of Responders to Hazardous Materials Incidents.

(5) Incident commander. The incident commander is the individualwho, at any one time, is responsible for and in control of the responseeffort. This individual is the person responsible for the direction andcoordination of the response effort. An incident commander's position shouldbe occupied by the most senior, appropriately trained individual present atthe response site. Yet, as necessary and appropriate by the level of responseprovided, the position may be occupied by many individuals during aparticular response as the need for greater authority, responsibility, ortraining increases. It is possible for the first responder at the awarenesslevel to assume the duties of incident commander until a more senior andappropriately trained individual arrives at the response site.

Therefore, any emergency responder expected to perform as an incidentcommander should be trained to fulfill the obligations of the position at thelevel of response they will be providing including the following:.

(A) Ability to analyze a hazardous substance incident to determine themagnitude of the response problem.

(B) Ability to plan and implement an appropriate response plan within thecapabilities of available personnel and equipment.

(C) Ability to implement a response to favorably change the outcome of theincident in a manner consistent with the local emergency response plan andthe organization's standard operating procedures.

(D) Ability to evaluate the progress of the emergency response to ensurethat the response objectives are being met safely, effectively, andefficiently.

(E) Ability to adjust the response plan to the conditions of the responseand to notify higher levels of response when required by the changes to theresponse plan.

[FR Doc. 94-20468 Filed 8-19-94; 8:45 am]


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