8 Hour HAZWOPER Refresher

The Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) applies to five distinct groups of employers and their employees. This includes any employees who are exposed or potentially exposed to hazardous substances -- including hazardous waste -- and who are engaged in one of the following operations as specified by 1910.120(a)(1)(i-v) and 1926.65(a)(1)(i-v):

• clean-up operations -- required by a governmental body, whether federal, state, local, or other involving hazardous substances -- that are conducted at uncontrolled hazardous waste sites;
• corrective actions involving clean-up operations at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42 U.S.C. 6901 et seq.);
• voluntary clean-up operations at sites recognized by federal, state, local, or other governmental body as uncontrolled hazardous waste sites;
• operations involving hazardous wastes that are conducted at treatment, storage, and disposal facilities regulated by Title 40 Code of Federal Regulations Parts 264 and 265 pursuant to RCRA, or by agencies under agreement with U.S. Environmental Protection Agency to implement RCRA regulations; and
• emergency response operations for releases of, or substantial threats of releases of, hazardous substances regardless of the location of the hazard.

Computer-based training may meet some refresher training requirements, provided that it covers topics relevant to workers' assigned duties. It must be supplemented by the opportunity to ask questions of a qualified trainer and by an assessment of hands-on performance of work tasks.

Reference Interpretation and Compliance Letters:

• The use of computer-based training to satisfy OSHA training requirements.
• The acceptability of a computer based, self-paced training program for use in meeting the refresher training requirements of the standard.

The primary purpose of a hazardous materials response team is to safely identify, assess, and mitigate hazardous material incidents by containing spills, managing releases, and protecting public health and the environment when a dangerous substance is involved in an emergency situation, often requiring specialized equipment and training to safely handle the hazardous materials involved.

If the date for refresher training has lapsed, the need to repeat initial training must be determined based on the employee's familiarity with safety and health procedures used on site. The employee should take the next available refresher training course. "There should be a record in the employee's file indicating why the training has been delayed and when the training will be completed."

An incidental release is a release of a hazardous substance which does not pose a significant safety or health hazard to employees in the immediate vicinity or to the employee cleaning it up, nor does it have the potential to become an emergency within a short time frame. Incidental releases are limited in quantity, exposure potential, or toxicity and present minor safety or health hazards to employees in the immediate work area or those assigned to clean them up. An incidental spill may be safely cleaned up by employees who are familiar with the hazards of the chemicals with which they are working.

The properties of hazardous substances, such as toxicity, volatility, flammability, explosiveness, corrosiveness, etc., as well as the particular circumstances of the release itself, such as quantity, confined space considerations, ventilation, etc., will have an impact on what employees can handle safely and what procedures should be followed. Additionally, there are other factors that may mitigate the hazards associated with a release and its remediation, such as the knowledge of the employee in the immediate work area, the response and personal protective equipment (PPE) at hand, and the pre-established standard operating procedures for responding to releases of hazardous substances. There are some engineering control measures that will mitigate the release that employees can activate to assist them in controlling and stopping the release.

These considerations (properties of the hazardous substance, the circumstances of the release, and the mitigating factors in the work area) combine to define the distinction between incidental releases and releases that require an emergency response. The distinction is facility-specific and is a function of the emergency response plan.

Workers, such as utility workers, who must perform duties at a hazardous waste site that has not yet been characterized but where contamination is expected, do fall under the scope of 29 CFR 1910.120. These workers must work under the direction of an on-site supervisor and a site-specific safety and health plan, and must be fully trained and protected pursuant to the HAZWOPER standard. When additional information becomes available through site characterization which verifies that there is minimal or no risk of employee exposure to hazardous substances, a lesser degree of PPE and worker training may be acceptable.

When site characterization shows that the area to be serviced by workers is free of potential exposure, or the proposed work assignments would not expose any of the work crew to hazardous substances, the activity can be carried out as a normal maintenance or construction operation.

... The utility contractor is bound to provide at least the minimum number of training hours specified. On a hazardous waste site that has many site specific peculiarities the employer may need to train employees beyond the 40 or 24 hour minimum set by the standard. Employees must be provided training that prepares them for their job functions and responsibilities, as stated in the general requirements in 29 CFR 1910.120(e).