OSHA requires employees who perform duties that fall under three basic categories to attend HAZWOPER training.
*Emergency response operations do not include:
Depending on your category above, you are required to attend specific levels of HAZWOPER training. The rules for personnel who work at uncontrolled hazardous waste sites and TSDFs (category 1 or 2a above) are very clear, and these types of industries follow the training regulations found at 29 CFR 1910.120(e) and 29 CFR 1910.120(p) respectively.
Generators of hazardous waste (category 2b above) may follow the requirements for TSDFs at 29 CFR 1910.120(p) in their waste generation areas and 29 CFR 1910.120(q) for emergency response (see below) in other locations in their facility, or they may follow (q) throughout the facility as long as the training covers all topics for both standards, at the appropriate level of response.
Employees who respond to releases of hazardous substances regardless of their location (category 3 above) are further categorized in 29 CFR 1910.120(q)(6) to fall under one of five levels. Their level of training is based on their responsibilities during an emergency response.
Some job titles/department personnel that fall under the emergency response category of HAZWOPER include, but are not limited to.
The answer is, most likely yes.
The Occupational Safety and Health Administration (OSHA) requires some level of HAZWOPER training unless the employer can demonstrate that their operations do not involve (or have the reasonable possibility of involving) employee exposure to any safety or health hazards.
The EPA regulations found in RCRA 40 CFR part 262 require that personnel attend training to familiarize themselves not only with proper hazardous waste management, but emergency procedures for the wastes handled at the facility as well. Most agencies generally acknowledge OSHA HAZWOPER training to fulfill this requirement.
“… facility employees that receive emergency response training pursuant to Occupational Safety and Health Administration regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the … generator is not required to provide separate emergency response training pursuant to this section, provided that … training meets all the conditions … in this section.” [40 CFR 262.17(a)(7)(i)(D)]
The Department of Transportation (DOT) regulations found in 49 CFR part 704 also require that hazmat employees attend safety training. Most agencies generally acknowledge OSHA HAZWOPER training to fulfill this requirement.
“OSHA, EPA, and other training. Training conducted by employers to comply with the hazard communication programs required by the Occupational Safety and Health Administration of the Department of Labor (29 CFR 1910.120 or 1910.1200) or the Environmental Protection Agency (40 CFR 311.1), … may be used to satisfy the training requirements in paragraph (a) of this section to the extent that such training addresses the training components specified in paragraph (a) of this section.” [49 CFR 172.704(b)]
PLEASE NOTE: State regulatory agencies may have more stringent and/or additional requirements than the federal government. Employers are responsible for certifying that employees meet all agency training requirements.