July 28, 1994
Ms. Ann Harri
Certified Hazardous Materials Manager
1122 Sixth Street South
Fargo, North Dakota 58103-2747
Dear Ms. Harri:
Thank you for your letter of June 2, concerning
the Occupational Safety and Health Administration
(OSHA) Hazardous Waste Operations and Emergency
Response (HAZWOPER) regulation, 29 CFR 1910.120.
Your question requests clarification
on the HAZWOPER refresher training requirements.
The standard clearly specifies in paragraph
(e)(8) that workers engaged in hazardous
waste remedial operations shall receive 8
hours of refresher training annually. You
state that a client of yours has interpreted
a letter to R. Pelletier (dated June 7, 1991)
in the March 1993 edition of the HAZWOPER
Interpretive Quips to allow refresher training
at intervals of three years. This is not
consistent with the plan meaning of the quip.
The R. Pelletier quip comments on an
internal company policy specifying that the entire initial 40 hour training be repeated if the worker has gone three years without
refresher training. If your client decides
that their workers rarely participate in
HAZWOPER activities, and they wish to let
the refresher training lapse after each remedial
operation is completed and then repeat the
initial 40-hour course every time they reassign
these workers to HAZWOPER activities, that
are free to do so.
We have enclosed a letter which may
interest to you. The letter, addressed
Mr. Jim Heringer (dated March 12, 1993), discusses retraining of workers who have
been absent from hazardous waste work
a period of time. Further, a more recent
edition of the HAZWOPER Interpretive
is now available. We have enclosed
for your convince.
We hope this information is helpful.
If you have any further questions please
contact us at (202) 219-8036.
Ruth McCully, Director
Office of Heath Compliance Assistance