| Recording & Reporting Occupational Injuries & Illnesses | Download this regulation (pdf) |
| 29 CFR 1904.7 |
1904.7(a) |
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Basic requirement. You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosedby a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.
1904.7(b) Implementation. (b)(1)
How do I decide if a case meets one or more of the general recording criteria? A work-related injury or illness must be recorded if it results in one or more of the following:
1904.7(b)(1)(i)
Death. See § 1904.7(b)(2).
1904.7(b)(1)(ii)
Days away from work. See §1904.7(b)(3).
1904.7(b)(1)(iii)
Restricted work or transfer to another job. See § 1904.7(b)(4).
1904.7(b)(1)(iv)
Medical treatment beyond first aid. See § 1904.7(b)(5).
1904.7(b)(1)(v)
Loss of consciousness. See § 1904.7(b)(6).
1904.7(b)(1)(vi)
A significant injury or illness diagnosed by a physician or other licensed health care professional. See § 1904.7(b)(7).
1904.7(b)(2)
How do I record a work-related injury or illness that results in the employee's death? You must record an injury or illness that results in death by entering a check mark on the OSHA 300 Log in the space for cases resulting in death. You must also report any work-related fatality to OSHA within eight (8) hours, as required by § 1904.39.
1904.7(b)(3)
How do I record a work-related injury or illness that results in days away from work? When an injury or illness involves one or more days away from work, you must record the injury or illness on the OSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known.
1904.7(b)(3)(i)
Do I count the day on which the injury occurred or the illness began? No, you begin counting days away on the day after the injury occurred or the illness began.
1904.7(b)(3)(ii)
How do I record an injury or illness when a physician or other licensed health care professional recommends that the worker stay at home but the employee comes to work anyway? You must record these injuries and illnesses on the OSHA 300 Log using the check box for cases with days away from work and enter the number of calendar days away recommended by the physician or other licensed health care professional. If a physician or other licensed health care professional recommends days away, you should encourage your employee to follow that recommendation. However, the days away must be recorded whether the injured or ill employee follows the physician or licensed health care professional's recommendation or not. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.
1904.7(b)(3)(iii)
How do I handle a case when a physician or other licensed health care professional recommends that the worker return to work but the employee stays at home anyway? In this situation, you must end the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work.
1904.7(b)(3)(iv)
How do I count weekends, holidays, or other days the employee would not have worked anyway? You must count the number of calendar days the employee was unable to work as a result of the injury or illness, regardless of whether or not the employee was scheduled to work on those day(s). Weekend days, holidays, vacation days or other days off are included in the total number of days recorded if the employee would not have been able to work on those days because of a work-related injury or illness.
1904.7(b)(3)(v)
How do I record a case in which a worker is injured or becomes ill on a Friday and reports to work on a Monday, and was not scheduled to work on the weekend? You need to record this case only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the weekend. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.
1904.7(b)(3)(vi)
How do I record a case in which a worker is injured or becomes ill on the day before scheduled time off such as a holiday, a planned vacation, or a temporary plant closing? You need to record a case of this type only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the scheduled time off. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.
1904.7(b)(3)(vii)
Is there a limit to the number of days away from work I must count? Yes, you may "cap" the total days away at 180 calendar days. You are not required to keep track of the number of calendar days away from work if the injury or illness resulted in more than 180 calendar days away from work and/or days of job transfer or restriction. In such a case, entering 180 in the total days away column will be considered adequate.
1904.7(b)(3)(viii)
May I stop counting days if an employee who is away from work because of an injury or illness retires or leaves my company? Yes, if the employee leaves your company for some reason unrelated to the injury or illness, such as retirement, a plant closing, or to take another job, you may stop counting days away from work or days of restriction/job transfer. If the employee leaves your company because of the injury or illness, you must estimate the total number of days away or days of restriction/job transfer and enter the day count on the 300 Log.
1904.7(b)(3)(ix)
If a case occurs in one year but results in days away during the next calendar year, do I record the case in both years? No, you only record the injury or illness once. You must enter the number of calendar days away for the injury or illness on the OSHA 300 Log for the year in which the injury or illness occurred. If the employee is still away from work because of the injury or illness when you prepare the annual summary, estimate the total number of calendar days you expect the employee to be away from work, use this number to calculate the total for the annual summary, and then update the initial log entry later when the day count is known or reaches the 180-day cap.
1904.7(b)(4)
How do I record a work-related injury or illness that results in restricted work or job transfer? When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column.
1904.7(b)(4)(i)
How do I decide if the injury or illness resulted in restricted work? Restricted work occurs when, as the result of a work-related injury or illness:
1904.7(b)(4)(i)(A)
You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work; or
1904.7(b)(4)(i)(B)
A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work.
1904.7(b)(4)(ii)
What is meant by "routine functions"? For recordkeeping purposes, an employee's routine functions are those work activities the employee regularly performs at least once per week.
1904.7(b)(4)(iii)
Do I have to record restricted work or job transfer if it applies only to the day on which the injury occurred or the illness began? No, you do not have to record restricted work or job transfers if you, or the physician or other licensed health care professional, impose the restriction or transfer only for the day on which the injury occurred or the illness began.
1904.7(b)(4)(iv)
If you or a physician or other licensed health care professional recommends a work restriction, is the injury or illness automatically recordable as a "restricted work" case? No, a recommended work restriction is recordable only if it affects one or more of the employee's routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee's job. If the restriction from you or the physician or other licensed health care professional keeps the employee from performing one or more of his or her routine job functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work has been restricted and you must record the case.
1904.7(b)(4)(v)
How do I record a case where the worker works only for a partial work shift because of a work-related injury or illness? A partial day of work is recorded as a day of job transfer or restriction for recordkeeping purposes, except for the day on which the injury occurred or the illness began.
1904.7(b)(4)(vi)
If the injured or ill worker produces fewer goods or services than he or she would have produced prior to the injury or illness but otherwise performs all of the routine functions of his or her work, is the case considered a restricted work case? No, the case is considered restricted work only if the worker does not perform all of the routine functions of his or her job or does not work the full shift that he or she would otherwise have worked.
1904.7(b)(4)(vii)
How do I handle vague restrictions from a physician or other licensed health care professional such as that the employee engage only in "light duty" or "take it easy for a week"? If you are not clear about the physician or other licensed health care professional's recommendation, you may ask that person whether the employee can do all of his or her routine job functions and work all of his or her normally assigned work shift. If the answer to both of these questions is "Yes," then the case does not involve a work restriction and does not have to be recorded as such. If the answer to one or both of these questions is "No," the case involves restricted work and must be recorded as a restricted work case. If you are unable to obtain this additional information from the physician or other licensed health care professional who recommended the restriction, record the injury or illness as a case involving restricted work.
1904.7(b)(4)(viii)
What do I do if a physician or other licensed health care professional recommends a job restriction meeting OSHA's definition, but the employee does all of his or her routine job functions anyway? You must record the injury or illness on the OSHA 300 Log as a restricted work case. If a physician or other licensed health care professional recommends a job restriction, you should ensure that the employee complies with that restriction. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.
1904.7(b)(4)(ix)
How do I decide if an injury or illness involved a transfer to another job? If you assign an injured or ill employee to a job other than his or her regular job for part of the day, the case involves transfer to another job. Note: This does not include the day on which the injury or illness occurred.
1904.7(b)(4)(x)
Are transfers to another job recorded in the same way as restricted work cases? Yes, both job transfer and restricted work cases are recorded in the same box on the OSHA 300 Log. For example, if you assign, or a physician or other licensed health care professional recommends that you assign, an injured or ill worker to his or her routine job duties for part of the day and to another job for the rest of the day, the injury or illness involves a job transfer. You must record an injury or illness that involves a job transfer by placing a check in the box for job transfer.
1904.7(b)(4)(xi)
How do I count days of job transfer or restriction? You count days of job transfer or restriction in the same way you count days away from work, using § 1904.7(b)(3)(i) to (viii), above. The only difference is that, if you permanently assign the injured or ill employee to a job that has been modified or permanently changed in a manner that eliminates the routine functions the employee was restricted from performing, you may stop the day count when the modification or change is made permanent. You must count at least one day of restricted work or job transfer for such cases.
1904.7(b)(5)
How do I record an injury or illness that involves medical treatment beyond first aid? If a work-related injury or illness results in medical treatment beyond first aid, you must record it on the OSHA 300 Log. If the injury or illness did not involve death, one or more days away from work, one or more days of restricted work, or one or more days of job transfer, you enter a check mark in the box for cases where the employee received medical treatment but remained at work and was not transferred or restricted.
1904.7(b)(5)(i)
What is the definition of medical treatment? "Medical treatment" means the management and care of a patient to combat disease or disorder. For the purposes of Part 1904, medical treatment does not include:
1904.7(b)(5)(i)(A)
Visits to a physician or other licensed health care professional solely for observation or counseling;
1904.7(b)(5)(i)(B)
The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils); or
1904.7(b)(5)(i)(C)
"First aid" as defined in paragraph (b)(5)(ii) of this section.
1904.7(b)(5)(ii)
What is "first aid"? For the purposes of Part 1904, "first aid" means the following:
1904.7(b)(5)(ii)(A)
Using a non-prescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes);
1904.7(b)(5)(ii)(B)
Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment);
1904.7(b)(5)(ii)(C)
Cleaning, flushing or soaking wounds on the surface of the skin;
1904.7(b)(5)(ii)(D)
Using wound coverings such as bandages, Band-Aids™, gauze pads, etc.; or using butterfly bandages or Steri-Strips™ (other wound closing devices such as sutures, staples, etc., are considered medical treatment);
1904.7(b)(5)(ii)(E)
Using hot or cold therapy;
1904.7(b)(5)(ii)(F)
Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes);
1904.7(b)(5)(ii)(G)
Using temporary immobilization devices while transporting an accident victim (e.g., splints,slings, neck collars, back boards, etc.).
1904.7(b)(5)(ii)(H)
Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;
1904.7(b)(5)(ii)(I)
Using eye patches;
1904.7(b)(5)(ii)(J)
Removing foreign bodies from the eye using only irrigation or a cotton swab;
1904.7(b)(5)(ii)(K)
Removing splinters or foreign material from areas other than the eye by irrigation, tweezers,cotton swabs or other simple means;
1904.7(b)(5)(ii)(L)
Using finger guards;
1904.7(b)(5)(ii)(M)
Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or
1904.7(b)(5)(ii)(N)
Drinking fluids for relief of heat stress.
1904.7(b)(5)(iii)
Are any other procedures included in first aid? No, this is a complete list of all treatments considered first aid for Part 1904 purposes.
1904.7(b)(5)(iv)
Does the professional status of the person providing the treatment have any effect on what is considered first aid or medical treatment? No, OSHA considers the treatments listed in § 1904.7(b)(5)(ii) of this Part to be first aid regardless of the professional status of the person providing the treatment. Even when these treatments are provided by a physician or other licensed health care professional, they are considered first aid for the purposes of Part 1904. Similarly, OSHA considers treatment beyond first aid to be medical treatment even when it is provided by someone other than a physician or other licensed health care professional.
1904.7(b)(5)(v)
What if a physician or other licensed health care professional recommends medical treatment but the employee does not follow the recommendation? If a physician or other licensed health care professional recommends medical treatment, you should encourage the injured or ill employee to follow that recommendation. However, you must record the case even if the injured or ill employee does not follow the physician or other licensed health care professional's recommendation.
1904.7(b)(6)
Is every work-related injury or illness case involving a loss of consciousness recordable? Yes, you must record a work-related injury or illness if the worker becomes unconscious, regardless of the length of time the employee remains unconscious.
1904.7(b)(7)
What is a "significant" diagnosed injury or illness that is recordable under the general criteria even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness? Work-related cases involving cancer chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other licensed health care professional.
Note to § 1904.7: OSHA believes that most significant injuries and illnesses will result in one of the criteria listed in § 1904.7(a): death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. However, there are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are some significant progressive diseases, such as byssinosis, silicosis, and some types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis but are likely to be recommended as the disease progresses. OSHA believes that cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis even if medical treatment or work restrictions are not recommended, or are postponed, in a particular case.
[43 FR 31329, July 21, 1978; 62 FR 44552, Aug. 22, 1997; 66 FR 6126, Jan. 19, 2001]
For the most current listing of requirements, go to OSHA's website. |
| Explosive and Blasting Agents | Download this regulation (pdf) |
| 1910.109(d)(3)(i) and (iii) | 1910.109(g)(3)(iii)(a) | 1910.109(g)(6)(ii) |
(i) Vehicles transporting explosives shall only be driven by and be in the charge of a driver who is familiar with the traffic regulations, State laws, and the provisions of this section.
(iii) Every motor vehicle transporting any quantity of Class A or Class B explosives shall, at all times, be attended by a driver or other attendant of the motor carrier. This attendant shall have been made aware of the class of the explosive material in the vehicle and of its inherent dangers, and shall have been instructed in the measures and procedures to be followed in order to protect the public from those dangers. He shall have been made familiar with the vehicle he is assigned, and shall be trained, supplied with the necessary means, and authorized to move the vehicle when required.
(iii)(a) The operator shall be trained in the safe operation of the vehicle together with its mixing, conveying, and related equipment. The employer shall assure that the operator is familiar with the commodities being delivered and the general procedure for handling emergency situations.
(ii) Vehicles transporting blasting agents shall only be driven by and be in charge of a driver in possession of a valid motor vehicle operator's license. Such a person shall also be familiar with the States vehicle and traffic laws. |
| Asbestos Awareness | Download this regulation (pdf) |
| 29 CFR 1910.1001(j)(7)(i) through (iii)(A) through (H) |
(j) Communication of hazards to employees.(7) Employee information and training. (i) The employer shall institute a training program for all employees who are exposed to airborne concentrations of asbestos, tremolite, anthophylite, actinolite, or a combination of these minerals at or above the action level and ensure their participation in the program.
(ii) Training shall be provided prior to or at the time of initial assignment and at least annually thereafter.
(iii) The training program shall be conducted in a manner which the employee is able to understand. The employer shall ensure that each employee is informed of the following:
(A) The health effects associated with asbestos exposure;
(B) The relationship between smoking and exposure;
(C) The quantity, location, manner of use, release, and specific nature of operations which could result in exposure to asbestos;
(D) The engineering controls and work practices associated with the employee's job assignment;
(E) The specific procedures implemented to protect employees from exposure to asbestos, such as appropriate work practices, emergency and cleanup procedures, and personal protective equipment to be used;
(F) The purpose, proper use, and limitations of respirators and protective clothing;
(G) The purpose and a description of the medical surveillance program required by paragraph (l) of this section;
(H) The content of this standard. |
| Lead Awareness | Download this regulation (pdf) |
| 29 CFR 1910.1025(l)(1)(i) through (v)(A) through (G)(2)(i) through (iii) |
(i) Each employer who has a workplace in which there is a potential exposure to airborne lead at any level shall inform employees of the content of Appendices A and B of this regulation.
(ii) The employer shall institute a training program for and assure the participation of all employees who are subject to exposure to lead at or above the action level or for whom the possibility of skin or eye irritation exists.
(iii) The employer shall provide initial training by 180 days from the effective date. Note:OSHA's lead standard became effective February 1, 1979 for those employees covered by paragraph (l)(1)(ii) on the standard's effective date and prior to the time of initial job assignment for those employees subsequently covered by this paragraph.
(iv) The training program shall be repeated at least annually for each employee.
(v) The employer shall assure that each employee is informed of the following:
(A) The content of this standard and its appendices;
(B) The specific nature of the operations which could result in exposure to lead above the action level;
(C) The purpose, proper selection, fitting, use, and limitations of respirators;
(D) The purpose and a description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females).
(E) The engineering controls and work practices associated with the employee's job assignment;
(F) The contents of any compliance plan in effect; and
(G) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician;
(2) Access to information and training materials.
(i) The employer shall make readily available to all affected employees a copy of this standard and its appendices.
(ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the Assistant Secretary and the Director.
(iii) In addition to the information required by paragraph (l)(1)(v), the em-ployer shall include as part of the training program, and shall distribute to employees, any materials pertaining to the Occupational Safety and Health Act, the regulations issued pursuant to that Act, and this lead standard, which are made available to the employer by the Assistant Secretary. |
| Bloodborne Pathogens | Download this regulation (pdf) |
| 29 CFR 1910.1030(g)(2)(i); (ii)(A) through (C); (iii) through (vii)(A) through (N); (viii) and (ix)(A) through (C) |
(2) Information and Training. (i) Employers shall ensure that all employees with occupational exposure participate in a training program which must be provided at no cost to the employee and during working hours.
(ii) Training shall be provided as follows:
(A) At the time of initial assignment to tasks where occupational exposure may take place;
(B) Within 90 days after the effective date of the standard; and
(C) At least annually thereafter.
(iii) For employees who have received training on bloodborne pathogens in the year preceding the effective date of the standard, only training with respect to the provisions of the standard which were not included need be provided.
(iv) Annual training for all employees shall be provided within one year of their previous training.
(v) Employers shall provide additional training when changes such as modification of tasks or procedures or institution of new tasks or procedures affect the employee's occupational exposure. The additional training may be limited to addressing the new exposures created.
(vi) Material appropriate in content and vocabulary to educational level, literacy, and language of employees shall be used.
(vii) The training program shall contain at a minimum the following elements:
(A) An accessible copy of the regulatory text of this standard and an explanation of its contents;
(B) A general explanation of the epidemiology and symptoms of bloodborne diseases;
(C) An explanation of the modes of transmission of bloodborne pathogens;
(D) An explanation of the employer's exposure control plan and the means by which the employee can obtain a copy of the written plan;
(E) An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood and other potentially infectious materials;
(F) An explanation of the use and limitations of methods that will prevent or reduce exposure including appropriate engineering controls, work practices, and personal protective equipment;
(G) Information on the types, proper use, location, removal, handling, decontamination and disposal of personal protective equipment;
(H) An explanation of the basis for selection of personal protective equipment;
(I) Information on the hepatitis B vaccine, including information on its efficacy, safety, method of administration, the benefits of being vaccinated, and that the vaccine and vaccination will be offered free of charge;
(J) Information on the appropriate actions to take and persons to contact in an emergency involving blood or other potentially infectious materials;
(K) An explanation of the procedures to follow if an exposure incident occurs, including the method of reporting the incident and the medical follow-up that will be made available;
(L) Information on the post exposure evaluation and follow-up that the employer is required to provide for the employee following an exposure incident;
(M) An explanation of the signs and labels and/or color coding required by paragraph (g)(1); and
(N) An opportunity for interactive questions and answers with the person conducting the training session.
(viii) The person conducting the training shall be knowledgeable in the subject matter covered by the elements contained in the training program as it relates to the workplace that the training will address.
(ix) Additional initial training for employees in HIV and HBV laboratories and production facilities. Employees in HIV or HBV research laboratories and HIV or HBV production facilities shall receive the following intiial training in addition to the above training requirements:
(A) The employer shall assure that employees demonstrate proficiency in standard microbiological practices and techniques and in the practices and operations specific to the facility before being allowed to work with HIV or HBV.
(B) The employer shall assure that employees have prior experience in the handling of human pathogens or tissue cultures before working with HIV or HBV.
(C) The employer shall provide a training program to employees who have no prior experience in handling human pathogens. Initial work activities shall not include the handling of infectious agents. A progression of work activities shall be assigned as techniques are learned and proficiency is developed. The employer shall assure that employees participate in work activities involving infectious agents only after proficiency has been demonstrated. |
| Process Safety Management of Highly Hazardous Chemicals | Download this regulation (pdf) |
| 1910.119(g)(1)(i) and (ii) |
(g) Training. (1) Initial training. (i) Each employee presently involved in operat-ing a process, and each employee before being involved in operating a newly as-signed process, shall be trained in an overview of the process and in the operating procedures as specified in paragraph (f) of this section. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.
(ii) In lieu of initial training for those employees already involved in operating a process on May 26, 1992, an employer may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.
(2) Refresher training. Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. The employer, in consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training.
(3) Training documentation. The employer shall ascertain that each employee involved in operating a process has received and understood the training required by this paragraph. The employer shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.
(3) Contract employer responsibilities. (i) The contract employer shall assure that each contract employee is trained in the work practices necessary to perform his/her job.
(ii) The contract employer shall assure that each contract employee is in-structed in the known potential fire, explosion, or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency action plan.
(iii) The contract employer shall document that each contract employee has received and understood the training required by this paragraph. The contract employer shall prepare a record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training.
(iv) The contract employer shall assure that each contract employee follows the safety rules of the facility including the safe work practices required by paragraph (f)(4) of this section.
(j)(3) Training for process maintenance activities. The employer shall train each employee involved in maintaining the ongoing integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner. |
| Hazardous Waste Operations Site Workers | Download this regulation (pdf) |
| 29 CFR 1910.120(e) |
29 CFR 1910.120(e) Training.
1910.120(e)(1) General.
1910.120(e)(1)(i)
All employees working on site (such as but not limited to equipment operators, general laborers and others) exposed to hazardous substances, health hazards, or safety hazards and their supervisors and management responsible for the site shall receive training meeting the requirements of this paragraph before they are permitted to engage in hazardous waste operations that could expose them to hazardous substances, safety, or health hazards, and they shall receive review training as specified in this paragraph.
1910.120(e)(1)(ii)
Employees shall not be permitted to participate in or supervise field activities until they have been trained to a level required by their job function and responsibility.
1910.120(e)(2)
Elements to be covered. The training shall thoroughly cover the following:
1910.120(e)(2)(i)
Names of personnel and alternates responsible for site safety and health;
1910.120(e)(2)(ii)
Safety, health and other hazards present on the site;
1910.120(e)(2)(iii)
Use of PPE;
1910.120(e)(2)(iv)
Work practices by which the employee can minimize risks from hazards;
1910.120(e)(2)(v)
Safe use of engineering controls and equipment on the site;
1910.120(e)(2)(vi)
Medical surveillance requirements including recognition of symptoms and signs which might indicate over exposure to hazards; and
1910.120(e)(2)(vii)
The contents of paragraphs (G) through (J) of the site safety and health plan set forth in paragraph (b)(4)(ii) of this section.
1910.120(e)(3) Initial training.
1910.120(e)(3)(i)
General site workers (such as equipment operators, general laborers and supervisory personnel) engaged in hazardous substance removal or other activities which expose or potentially expose workers to hazardous substances and health hazards shall receive a minimum of 40 hours of instruction off the site, and a minimum of three days actual field experience under the direct supervision of a trained experienced supervisor.
1910.120(e)(3)(ii)
Workers on site only occasionally for a specific limited task (such as, but not limited to, ground water monitoring, land surveying, or geophysical surveying) and who are unlikely to be exposed over permissible exposure limits and published exposure limits shall receive a minimum of 24 hours of instruction off the site, and the minimum of one day actual field experience under the direct supervision of a trained, experienced supervisor.
1910.120(e)(3)(iii)
Workers regularly on site who work in areas which have been monitored and fully characterized indicating that exposures are under permissible exposure limits and published exposure limits where respirators are not necessary, and the characterization indicates that there are no health hazards or the possibility of an emergency developing, shall receive a minimum of 24 hours of instruction off the site, and the minimum of one day actual field experience under the direct supervision of a trained, experienced supervisor.
1910.120(e)(3)(iv)
Workers with 24 hours of training who are covered by paragraphs (e)(3)(ii) and (e)(3)(iii) of this section, and who become general site workers or who are required to wear respirators, shall have the additional 16 hours and two days of training necessary to total the training specified in paragraph (e)(3)(i).
1910.120(e)(4)
Management and supervisor training. On-site management and supervisors directly responsible for or who supervise employees engaged in hazardous waste operations shall receive 40 hours initial and three days of supervised field experience (the training may be reduced to 24 hours and one day if the only area of their responsibility is employees covered by paragraphs (e)(3)(ii) and (e)(3)(iii) and at least eight additional hours of specialized training at the time of job assignment on such topics as, but no limited to, the employer's safety and health program, personal protective equipment program, spill containment program, and health hazard monitoring procedure and techniques.
1910.120(e)(5)
Qualifications for trainers. Trainers shall be qualified to instruct employees about the subject matter that is being presented in training. Such trainers shall have satisfactorily completed a training program for teaching the subjects they are expected to teach, or they shall have the academic credentials and instructional experience necessary for teaching the subjects. Instructors shall demonstrate competent instructional skills and knowledge of the applicable subject matter.
1910.120(e)(6)
Training certification. Employees and supervisors that have received and successfully completed the training and field experience specified in paragraphs (e)(1) through (e)(4) of this section shall be certified by their instructor or the head instructor and trained supervisor as having completed the necessary training. A written certificate shall be given to each person so certified. Any person who has not been so certified or who does not meet the requirements of paragraph (e)(9) of this section shall be prohibited from engaging in hazardous waste operations.
1910.120(e)(7)
Emergency response. Employees who are engaged in responding to hazardous emergency situations at hazardous waste clean-up sites that may expose them to hazardous substances shall be trained in how to respond to such expected emergencies.
1910.120(e)(8)
Refresher training. Employees specified in paragraph (e)(1) of this section, and managers and supervisors specified in paragraph (e)(4) of this section, shall receive eight hours of refresher training annually on the items specified in paragraph (e)(2) and/or (e)(4) of this section, any critique of incidents that have occurred in the past year that can serve as training examples of related work, and other relevant topics.
1910.120(e)(9)
Equivalent training. Employers who can show by documentation or certification that an employee's work experience and/or training has resulted in training equivalent to that training required in paragraphs (e)(1) through (e)(4) of this section shall not be required to provide the initial training requirements of those paragraphs to such employees and shall provide a copy of the certification or documentation to the employee upon request. However, certified employees or employees with equivalent training new to a site shall receive appropriate, site specific training before site entry and have appropriate supervised field experience at the new site. Equivalent training includes any academic training or the training that existing employees might have already received from actual hazardous waste site experience.
For the most current listing of requirements, go to OSHA's website. |
| Hazardous Waste Operations (RCRA) Emergency Responders | Download this regulation (pdf) |
| 29 CFR 1910.120(p)(7)(i) through (iii) |
(i) New employees. The employer shall develop and implement a training pro-gram, which is part of the employer's safety and health program, for employees exposed to health hazards or hazardous substances at TSD operations to enable the employees to perform their assigned duties and functions in a safe and healthful manner so as not to endanger themselves or other employees. The initial training shall be for 24 hours and refresher training shall be for eight hours annually. Employees who have received the initial training required by this paragraph shall be given a written certificate attesting that they have successfully completed the necessary training.
(ii) Current employees. Employers who can show by an employee'sprevious work experience and/or training that the employee has had training equivalent to the initial training required by this paragraph, shall be considered as meeting the initial training requirements of this paragraph as to that employee. Equivalent training includes the training that existing employees might have already received from actual site work experience. Current employees shall receive eight hours of refresher training annually.
(iii) Trainers. Trainers who teach initial training shall have satisfactorily completed a training course for teaching the subjects they are expected to teach or they shall have the academic credentials and instruction experience necessary to demonstrate a good command of the subject matter of the courses and competent instructional skills.
29 CFR 1910.120(p)(8)(iii)(A) through (C)
(iii) Training. (A) Training for emergency response employees shall be completed before they are called upon to perform in real emergencies. Such training shall include the elements of the emergency response plan, standard operating procedures the employer has established for the job, the personal protective equipment to be worn and procedures for handling emergency incidents.
Note: Exception #1: An employer need not train all employees to the degree specified if the employer divided the work force in a manner such that a sufficient number of employees who have responsibility to control emergencies have the training specified, and all other employees, who may first resond to an emergency incident, have sufficient awareness training to recognize that an emergency response situation exists and that they are instructed in that case to summon the fully trained employees and not attempt control activities for which they are not trained.
Note: Exception #2: An employer need not train all employees to the degree specified if arrangements have been made in advance for an outside fully trained emergency response team to respond in a reasonable period and all employees, who may come to the incident first, have sufficient awareness training to recognize that an emergency response situation exists and they have been instructed to call the designated outside, fully trained emergency response team for assistance.
(B) Employee members of TSD facility emergency response organizations shall be trained to a level of competnce in the reconition of health and safety hazards to protect themselves and other employees. This would include training in the methods used to minimize the risk from safety and health hazards; in the safe use of control equipment; in the selection and use of appropriate personal protective equipment; in the safe operating procedures to be used at the incident scene; in the techniques of coordination with other employees to minimize risks; in the appropriate response to overexposure from health hazards or injury to themselves and other employees; and in the recognition of subsequent symptoms which may result from overexposures.
(C) The employer shall certify that each covered employee has attended and successfully completed the training required in paragraph (p)(8)(iii) of this section, or shall certify the employee's competency at least yearly. The method used to demon-strate competency for certification of training shall be recorded and maintained by the employer.
For the most current listing of requirements, go to OSHA's website. |
| Emergency Response to Hazardous Substance Releases | Download this regulation (pdf) |
| 29 CFR 1910.120(q)(4) through (7) |
29 CFR 1910.120(q)(4)
29 CFR 1910.120(q)(5)
29 CFR 1910.120(q)(6)(i)(A) through (F); (iii)(A) through I; (iv)(A) through (I); (v)(A) through (F)
29 CFR 1910.120(q)(7)
(4) Skilled support personnel. Personnel, not necessarily an employer's own employees, who are skilled in the operation of certain equipment, such as mechanized earth moving or digging equipment or crane and hoisting equipment, and who are needed temporarily to perform immediate emergency support work that cannot reasonably be performed in a timely fashion by an employer's own employees, and who will be or may be exposed to the hazards at an emergency response scene, are not required to meet the training required in this paragraph for the employer's regular employees. However, these personnel shall be given an initial briefing at the site prior to their participation in any emergency response. The initial briefing shall include instruction in the wearing of appropriate personal protective equipment, what chemical hazards are involved, and what duties are to be performed. All other appropriate safety and health precautions provided to the employer's own employees shall be used to assure the safety and health of these personnel.
(5) Specialist employees. Employees who, in the course of their regular job duties, work with and are trained in the hazards of specific hazardous substances, and who will be called upon to provide technical advice or assistance at a hazardous substance release incident to the individual in charge, shall receive training or demonstrate competency in the area of their specialization annually.
(6) Training. Training shall be based on the duties and function to be performed by each responder of an emergency response organization. The skill and knowledge levels required for all new responders, those hired after the effective date of this standard, shall be conveyed to them through training before they are permitted to take part in actual emergency operations on an incident. Employees who participate, or are expected to participate in emergency response, shall be given training in accordance with the following paragraphs:
(i) First responder awareness level. First responders at the awareness level are individuals who are likely to witness or discover a hazardous substance release and who have been trained to initiate an emergency response sequence by notifying the proper authorities of the release. First responders at the awareness level shall have sufficient training or have had sufficient experience to objectively demonstrate competency in the following areas:
(A) An understanding of what hazardous substances are, and the risks associated with them in an incident.
(B) An understanding of the potential outcomes associated with an emergency created when hazardous substances are present.
(C) The ability to recognize the presence of hazardous substances in an emergency.
(D) The ability to identify the hazardous substances, if possible.
(E) An understanding of the role of the first responder awareness individual in the employer's emergency response plan including site security and control and the U.S. Department of Transportation's Emergency Response Guidebook.
(F) The ability to realize the need for additional resources, and to make appropriate notifications to the communications center.
(ii) First responder operations level. First responders at the operations level are individuals who respond to releases or potential releases of hazardous substances as part of the initial response to the site for the purpose of protecting nearby persons, property, or the environment from the effects of the release. They are trained to respond in a defensive fashion without actually trying to stop the release. Their function is to contain the release from a safe distance, keep it from spreading, and prevent exposures. First responders at the operational level shall have received at least eight hours of training or have had sufficient experience to objectively demonstrate competency in the following areas in addition to those listed for the awareness level and the employer shall so certify:
(A) Knowledge of the basic hazard and risk assessment techniques.
(B) Know how to select and use proper personal protective equipment provided to the first responder operational level
(C) An understanding of basic hazardous materials terms.
(D) Know how to perform basic control, containment and/or confinement operations within the capabilities of the resources and personal protective equipment available with their unit.
(E) Know how to implement basic decontamination procedures.
(F) An understanding of the relevant standard operating procedures and termination procedures.
(iii) Hazardous materials technician. Hazardous materials technicians are individuals who respond to releases or potential releases for the purpose of stopping the release. They assume a more aggressive role than a first responder at the operations level in that they will approach the point of release in order to plug, patch or otherwise stop the release of a hazardous substance. Hazardous materials technicians shall have received at least 24 hours of training equal to the first responder operations level and in addition have competency in the following areas and the employer shall so certify:
(A) Know how to implement the employer's emergency response plan.
(B) Know the classification, identification and verification of known and unknown materials by using field survey instruments and equipment.
(C) Be able to function within an assigned role in the Incident Command System.
(D) Know how to select and use proper specialized chemical personal protective equipment provided to the hazardous materials technician.
(E) Understand hazard and risk assessment techniques.
(F) Be able to perform advance control, containment, and/or confinement operations within the capabilities of the resources and personal protective equipment available with the unit.
(G) Understand and implement decontamination.
(H) Understand termination procedures.
(I) Understand basic chemical and toxicological terminology and behavior
(iv) Hazardous materials specialist. Hazardous materials specialists are individuals who respond with and provide support to hazardous materials technicians. Their duties parallel those of the hazardous materials technician, however, those duties require a more directed or specific knowledge of the various substances they may be called upon to contain. The hazardous materials specialist would also act as the site liaison with Federal, state, local and other government authorities in regards to site activities. Hazardous materials specialists shall have received at least 24 hours of training equal to the technician level and in addition have competency in the following areas and the employer shall so certify:
(A) Know how to implement the local emergency response plan.
(B) Understand classification, identification and verification of known and unknown materials by using advanced survey instruments and equipment.
(C) Know of the state emergency response plan.
(D) Be able to select and use proper specialized chemical personal protective equipment provided to the hazardous materials specialist.
(E) Understand in-depth hazard and risk techniques.
(F) Be able to perform specialized control, containment, and/or confinement operations within the capabilities of the resources and personal protective equipment available.
(G) Be able to determine and implement decontamination procedures.
(H) Have the ability to develop a site safety and control plan.
(I) Understand chemical, radiological and toxicological terminology and behavior.
(v) On scene incident commander. Incident commanders, who will assume control of the incident scene beyond the first responder awareness level, shall receive at least 24 hours of training equal to the first responder operations level and in addition have competency in the following areas and the employer shall so certify:
(A) Know and be able to implement the employer's incident command system.
(B) Know how to implement the employer's emergency response plan.
(C) Know and understand the hazards and risks associated with employees working in chemical protective clothing.
(D) Know how to implement the local emergency response plan.
(E) Know of the state emergency response plan and of the Federal Regional Response Team.
(F) Know and understand the importance of decontamination procedures.
(7) Trainers. Trainers who teach any of the above training subjects shall have satisfactorily completed a training course for teaching the subjects they are expected to teach, such as the courses offered by the U.S. National Fire Academy, or they shall have the training and/or academic credentials and instructional experience necessary to demonstrate competent instructional skills and a good command of the subject matter of the courses they are to teach.
For the most current listing of requirements, go to OSHA's website. |
| Hazard Communication | Download this regulation (pdf) |
| 29 CFR 1910.1200(h)(1),(2)(i) through (iii) and (3)(i) through (iv) |
(h) Employee Information and Training. 1) Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and material safety data sheets.
(2) Information. >Employees shall be informed of:
(i) The requirements of this section;
(ii) Any operations in their work area where hazardous chemicals are present; and,
(iii) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and material safety data sheets required by this section.
(3) Training. Employee training shall include at least:
(i) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);
(ii) The physical and health hazards of the chemicals in the work area;
(iii) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used; and,
(iv) The details of the hazard communication program developed by the employer, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information. |
| Personal Protective Equipment | Download this regulation (pdf) |
| 29 CFR 1910.132(f)(1)(i) through (v); (2), (3)(i) through (iii) and (4) |
(f) Training. (1) The employer shall provide training to each employee who is required by this section to use PPE. Each such employee shall be trained to know at least the following:
(i) When PPE is necessary;
(ii) What PPE is necessary;
(iii) How to properly don, doff, adjust and wear PPE;
(iv) The limitations of the PPE; and,
(v) The proper care, maintenance, useful life, and disposal of the PPE.
(2) Each affected employee shall demonstrate an understanding of the training specified in paragraph (f)(1) of this section and the ability to use PPE properly before being allowed to perform work requiring the use of PPE.
(3) When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (f)(2) of this section, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where:
(ii) Changes in the types of PPE to be used render previous training obsolete; or
(iii) Inadequacies in an affected employee's knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill.
(4) The employer shall verify that each affected employee has received and understood the required training through a written certification that contains the name of each employee trained, the date(s) of training, and that identifies the subnject of the certification. |
| Eye and Face Protection | Download this regulation (pdf) |
| 29 CFR 1910.133(a) |
(a) General requirements. (1) The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.
(2) The employer shall ensure that each affected employee uses eye protection that provides side protection when there is a hazard from flying objects. Detachable side protectors (e.g. clip-on or slide-on side shields) meeting the pertinent requirements of this section are acceptable.
(3) The employer shall ensure that each affected employee who wears prescription lenses while engaged in operations that involve eye hazards wears eye protection that incorporates the prescription in its design, or wears eye protection that can be worn over the prescription lenses without disturbing the proper position of the prescription lenses or the protective lenses.
(4) Eye and face PPE shall be distinctly marked to facilitate identification of the manufacturer.
(5) The employer shall ensure that each affected employee uses equipment with filter lenses that have a shade number appropriate for the work being performed for protection from injurious light radiation. The following is a listing of appropriate shade numbers for various operations. |
| Respiratory Protection | Download this regulation (pdf) |
| 29 CFR 1910.134(k)(1)(i) through (vii); (2), (3), and (5)(i) through (iii) |
(k) Training and information. (1) The employer shall ensure that each employee can demonstrate knowledge of at least the following:
(i) Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator;
(ii) What the limitations and capabilities of the respirator are;
(iii) How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;
(iv) How to inspect, put on and remove, use, and check the seals of the respirator;
(v) What the procedures are for maintenance and storage of the respirator;
(vi) How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; and
(vii) The general requirements of this section.
(2) Training shall be conducted in a manner that is understandable to the employee.
(3) The employer shall provide the training prior to requiring the employee to use a respirator in the workplace.
(5) Retraining shall be administered annually and when the following situations occur:
(i) Changes in the workplace or the type of respirator render previous training obsolete;
(ii) Inadequacies in the employee's knowledge or use of the respirator indicate that the employee has not retained the requisite understanding or skill; or
(iii) Any other situation arises in which retraining appears necessary to ensure safe respirator use. |
| Head Protection | Download this regulation (pdf) |
| 29 CFR 1910.135(a) |
(a) General requirements. (1) The employer shall ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling objects.
(2) The employer shall ensure that a protective helmet designed to reduce electrical shock hazard is worn by each such affected employee when near exposed electrical conductors which could contact the head. |
| Foot Protection | Download this regulation (pdf) |
| 29 CFR 1910.136(a) |
(a) General requirements. The employer shall ensure that each affected employee uses protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, or objects piercing the sole, and where such employee's feet are exposed to electrical hazards. |
| Electrical Protective Devices | Download this regulation (pdf) |
| 29 CFR 1910.137 |
(a) Design requirements. Insulating blankets, matting, covers, line hose, gloves, and sleeves made of rubber shall meet the following requirements:
(1) Manufacture and marking. (a)(1)(i) Blankets, gloves, and sleeves shall be produced by a seamless process.
(ii) Each item shall be clearly marked as follows:
(ii) (A) Class 0 equipment shall be marked Class 0.
(B) Class 1 equipment shall be marked Class 1.
(C) Class 2 equipment shall be marked Class 2.
(D) Class 3 equipment shall be marked Class 3.
(E) Class 4 equipment shall be marked Class 4.
(F) Non-ozone-resistant equipment other than matting shall be marked Type I.
(G) Ozone-resistant equipment other than matting shall be marked Type II.
(H) Other relevant markings, such as the manufacturer's identification and the size of the equipment, may also be provided.
(iii) Markings shall be nonconducting and shall be applied in such a manner as not to impair the insulating qualities of the equipment.
(iv) Markings on gloves shall be confined to the cuff portion of the glove.
(2) Electrical requirements. (i) Equipment shall be capable of withstanding the a-c proof-test voltage specified in Table I-2 or the d-c proof-test voltage specified in Table I-3.
(A) The proof test shall reliably indicate that the equipment can withstand the voltage involved.
(B) The test voltage shall be applied continuously for 3 minutes for equipment other than matting and shall be applied continuously for 1 minute for matting.
(C) Gloves shall also be capable of withstanding the a-c proof-test voltage specified in Table I-2 after a 16-hour water soak.
(ii) When the a-c proof test is used on gloves, the 60-hertz proof-test current may not exceed the values specified in Table I-2 at any time during the test period.
(A) If the a-c proof test is made at a frequency other than 60 hertz, the permissible proof-test current shall be computed from the direct ratio of the frequencies.
(B) For the test, gloves (right side out) shall be filled with tap water and immersed in water to a depth that is in accordance with Table I-4. Water shall be added to or removed from the glove, as necessary, so that the water level is the same inside and outside the glove.
(C) After the 16-hour water soak specified in paragraph (a)(2)(i)(C) of this section, the 60-hertz proof-test current may exceed the values given in Table I-2 by not more than 2 milliamperes.
(iii) Equipment that has been subjected to a minimum breakdown voltage test may not be used for electrical protection.
(iv) Material used for Type II insulating equipment shall be capable of withstanding an ozone test, with no visible effects. The ozone test shall reliably indicate that the material will resist ozone exposure in actual use. Any visible signs of ozone deterioration of the material, such as checking, cracking, breaks, or pitting, is evidence of failure to meet the requirements for ozone-resistant material.
(3) Workmanship and finish.
(i) Equipment shall be free of harmful physical irregularities that can be detected by the tests or inspections required under this section.
(ii) Surface irregularities that may be present on all rubber goods because of imperfections on forms or molds or because of inherent difficulties in the manufacturing process and that may appear as indentations, protuberances, or imbedded foreign material are acceptable under the following conditions:
(A) The indentation or protuberance blends into a smooth slope when the material is stretched.
(b)In-service care and use. (1) Electrical protective equipment shall be maintained in a safe, reliable condition.
(2) The following specific requirements apply to insulating blankets, covers, line hose, gloves, and sleeves made of rubber:
(i) Maximum use voltages shall conform to those listed in Table I-5.
(ii) Insulating equipment shall be inspected for damage before each day's use and immediately following any incident that can reasonably be suspected of having caused damage. Insulating gloves shall be given an air test, along with the inspection.
(iii) Insulating equipment with any of the following defects may not be used:
(A) A hole, tear, puncture, or cut;
(B) Ozone cutting or ozone checking (the cutting action produced by ozone on rubber under mechanical stress into a series of interlacing cracks);
(C) An embedded foreign object;
(D) Any of the following texture changes: swelling, softening, hardening, or becoming sticky or inelastic.
(E) Any other defect that damages the insulating properties.
(iv) Insulating equipment found to have other defects that might affect its insulating properties shall be removed from service and returned for testing under paragraphs (b)(2)(viii) and (b)(2)(ix) of this section.
(v) Insulating equipment shall be cleaned as needed to remove foreign substances.
(vi) Insulating equipment shall be stored in such a location and in such a manner as to protect it from light, temperature extremes, excessive humidity, ozone, and other injurious substances and conditions.
(vii) Protector gloves shall be worn over insulating gloves, except as follows:
(vii)(A) Protector gloves need not be used with Class 0 gloves, under limited-use conditions, where small equipment and parts manipulation necessitate unusually high finger dexterity.
(B)Any other class of glove may be used for similar work without protector gloves if the employer can demonstrate that the possibility of physical damage to the gloves is small and if the class of glove is one class higher than that required for the voltage involved. Insulating gloves that have been used without protector gloves may not be used at a higher voltage until they have been tested under the provisions of paragraphs (b)(2)(viii) and (b)(2)(ix) of this section. |
| Hand Protection | Download this regulation (pdf) |
| 29 CFR 1910.138 |
(a) General requirements. Employers shall select and require employees to use appropriate hand protection when employees' hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature
extremes.
(b) Selection. Employers shall base the selection of the appropriate hand protection on an evaluation of the performance characteristics of the hand protection relative to the task(s) to be performed, conditions present, duration of use, and the hazards and potential hazards identified. |
| Respiratory Protection for M Tuberculosis | Download this regulation (pdf) |
| 29 CFR 1910.139 |
29 CFR 1910.139(a)(3)
29 CFR 1910.139(b)(3)
29 CFR 1910.139(e)(2) through (4) and (5)(i)
(a)(3) The employee shall use the provided respiratory protection in accordance with instructions and training received.
(b)(3) The user shall be instructed and trained in the proper use of respirators and their limitations.
(e)(2) the correct respirator shall be specified for each job. The respirator type is usually specified in the work procedures by a qualified individual supervising the respiratory protective program. The individual issuing them shall be adequately instructed to insure that the correct respirator is issued. Each respirator permanently assigned to an individual should be durably marked to indicate to whom it was assigned. This mark shall not affect the respirator performance in any way. The date of issuance should be recorded.
(3) Written procedures shall be prepared covering safe use of respirators in dangerous atmospheres that might be encountered in normal operations or in emergencies. Personnel shall be familiar with these procedures and the available respirators.
(4) Respiratory protection is no better than the respirator in use, even though it is worn conscientiously. Frequent random inspections shall be conducted by a qualified individual to assure that respirators are properly selected, used, cleaned, and maintained.
(5) For safe use of any respirator, it is essential that the user be properly instructed in its selection, use, and maintenance. Both supervisors and workers shall be so instructed by competent persons. Training shall provide the men an opportunity to handle the respirator, have it fitted properly, test its face-piece-to-face seal, wear it in normal air for a long familiarity period, and, finally, to wear it in a test atmosphere.
(i) Every respirator wearer shall receive fitting instructions including demonstrations and practice in how the respirator should be worn, how to adjust it, and how to determine if it fits properly. Respirators shall not be worn when conditions prevent a good face seal. Such conditions may be a growth of beard, sideburns, a skull cap that projects under the facepiece, or temple pieces on glasses. Also, the absence of one or both dentures can seriously affect the fit of a facepiece. The worker's diligence in observing these factors shall be evaluated by periodic check. To assure proper protection, the facepiece fit shall be checked by the wearer each time he puts on the respirator. This may be done by following the manufacturer's facepiece fitting instructions. |
| Occupational Exposure to Hazardous Chemicals in Laboratories | Download this regulation (pdf) |
| 29 CFR 1910.1450(f)(1)(2) and (f)(4)(i)(A) through (c) and (ii) |
(f) Employee information and training. (1) The employer shall provide employees with information and training to ensure that they are apprised of the hazards of chemicals present in their work area.
(2) Such information shall be provided at the time of an employee's initial assignment to a work area where hazardous chemicals are present and prior to assignments involving new exposure situations. The frequency of refresher information and training shall be determined by the employer.
(4)(i) Employee training shall include:
(A) Methods and observations that may be used to detect the presence release of a hazardous chemical (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);
(B) The physical and health hazards of chemicals in the work area; and
(C) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used.
(ii) The employee shall be trained on the applicable details of the employer's written Chemical Hygiene Plan. |
| Permit Required Confined Spaces | Download this regulation (pdf) |
| 29 CFR 1910.146(g)(1) and (2)(i) through(iv)(3) and (4)and (k)(1)(i) through (iv) |
(g) Training. (1) The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section.
(2) Training shall be provided to each affected employee:
(i) Before the employee is first assigned duties under this section;
(ii) Before there is a change in assigned duties;
(iii) Whenever there is a change in permit space operations that presents a hazard about which an employee has not previously been trained;
(iv) Whenever the employer has reason to believe either that there are deviations from the permit space entry procedures required by paragraph (d)(3) of this section or that there are inadequacies in the employees' knowledge or use of these procedures.
(3) The training shall establish employee proficiency in the duties required by this section and shall introduce new or revised procedures, as necessary, for compliance with this section.
(4) The employer shall certify that the training required by paragraphs (g)(1) through (g)(3) of this section has been accomplished. The certification shall contain each employee's name, the signatures or initials of the trainers, and the dates of training. The certification shall be available for inspection by employees and their authorized representatives.
(k) Rescue and Emergency Services. (1) The following requirements apply to employers who have employees enter permit required confined spaces to perform rescue services.
(i) The employer shall ensure that each member of the rescue service is provided with, and is trained to use properly, the personal protective equipment and rescue equipment necessary for making rescues from permit required confined spaces.
(ii) Each member of the rescue service shall be trained to perform the assigned rescue duties. Each member of the rescue service shall also receive the training required of authorized entrants under paragraph (g) of this section.
(iii) Each member of the rescue service shall practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, mannekins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed.
(iv) Each member of the rescue service shall be trained in basic first-aid and in cardiopulmonary resuscitation (CPR). At least one member of the rescue service holding current certification in first-aid and in CPR shall be available. |
| Control of Hazardous Energy (Lockout/Tagout) | Download this regulation (pdf) |
| 29 CFR 1910.147(a)(3)(ii); (4)(i)(D); (7)(i)(A) through (C); (ii)(A) through (F); (iii)(A) through (C)(iv) and (8) | 29 CFR 1910.147(e)(3) | 29 CFR 1910.147(f)(2)(ii) |
(a)(3)(ii) When other standards in this part require the use of lockout or tagout, they shall be used and supplemented by the procedural and training requirements of this section.
(4) Energy control procedure. (i) Procedures shall be developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section.
(D) Where tagout is used for energy control, the periodic inspection shall include a review, between the inspector and each authorized and affected employee, of that employee's responsibilities under the energy control procedure being inspected, and the elements set forth in paragraph (c)(7)(ii) of this section.
(7) Training and communication. (i) The employer shall provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of energy controls are required by employees. The training shall include the following:
(A) Each authorized employee shall receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control.
(B) Each affected employee shall be instructed in the purpose and use of the energy control procedure.
(C) All other employees whose work operations are or may be in an area where energy control procedures may be utilized, shall be instructed about the procedure, and about the prohibition relating to attempts to restart or reenergize machines or equipment which are locked out or tagged out.
(ii) When tagout systems are used, employees shall also be trained in the following limitations of tags:
(A) Tags are essentially warning devices affixed to energy isolating devices, and do not provide the physical restraint on those devices that is provided by a lock.
(B) When a tag is attached to an energy isolating means, it is not to be removed without authorization of the authorized person for it, and it is never to be bypassed, ignored, or otherwise defeated.
(C) Tags must be legible and understandable by all authorized employees, affected employees, and all other employees whose work operations are or may be in the area, in order to be effective.
(D) Tags and their means of attachment must be made of materials which will withstand the environmental conditions encountered in the workplace.
(E) Tags may evoke a false sense of security, and their meaning needs to be understood as part of the overall energy control program.
(F) Tags must be securely attached to energy isolating devices so that they cannot be inadvertently or accidentally detached during use.
(iii) Employee retraining. (A) Retraining shall be provided for all authorized and affected employees whenever there is a change in their job assignments, a change in machines, equipment or processes that present a new hazard, or when there is a change in the energy control procedures.
(B) Additional retraining shall also be conducted whenever a periodic inspection under paragraph (c)(6) of this section reveals, or whenever the employer has reason to believe, that there are deviations from or inadequacies in the knowledge or use of the energy control procedures.
(C) The retraining shall reestablish employee proficiency and introduce new or revised control methods and procedures, as necessary.
(iv) The employer shall certify that employee training has been accomplished and is being kept up to date. The certification shall contain each employee's name and dates of training.
(8) Energy isolation. Implementation of lockout or the tagout system shall be performed only by authorized employees.
(e)(3) Lockout or tagout devices removal. Each lockout or tagout device shall be removed from each energy isolating device by the employee who applied the device. Exception to paragraph (e)(3): When the authorized employee who applied the lock-out or tagout device is not available to remove it, that device may be removed under the direction of the employer, provided that specific procedures and training for such removal have been developed, documented and incorporated into the employer's energy control program. The employer shall demonstrate that the specific procedure provides equivalent safety to the removal of the device by the authorized employee who applied it.
(f)(2)(i) The on-site employer shall ensure that his/her personnel understand and comply with restrictions and prohibitions of the outside employer's energy control procedures. |
| Medical Services and First-Aid | Download this regulation (pdf) |
| 29 CFR1910.151(a) and (b) |
(a) The employer shall ensure the ready availability of personnel for advice and consultation on matters of plant health.
(b) In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first-aid. First-aid supplies approved by the consulting physician shall be readily available. |
| Fire Protection | Download this regulation (pdf) |
| 29 CFR 1910.155(c)(iv)(41) |
| (41) "Training" means the process of making proficient through instruction and hands-on practice in the operation of equipment, including respiratory protection equipment, that is expected to be used and in the performance of assigned duties. |
| Portable Fire Extinguishers | Download this regulation (pdf) |
| 29 CFR 1910.157(g)(1), (2), and (4) |
(g) Training and education. (1) Where the employer has provided portable fire extinguishers for employee use in the workplace, the employer shall also provide an educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage firefighting.
(2) The employer shall provide the education required in paragraph (g)(1) of this section upon initial employment and at least annually thereafter.
(4) The employer shall provide the training required in paragraph (g)(3) of this section upon initial assignment to the designated group of employees and at least annually thereafter. |
| Standpipe and Hose Systems | Download this regulation (pdf) |
| 29 CFR 1910.158(e)(2)(vi) |
| (vi) The employer shall designate trained persons to conduct all inspections required under this section. |
| Powered Industrial Trucks | Download this regulation (pdf) |
| 29 CFR 1910.178 |
29 CFR 1910.178(l) Operator training.
1910.178(l)(1) Safe operation.
1910.178(l)(1)(i)
The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l).
1910.178(l)(1)(ii)
Prior to permitting an employee to operate a powered industrial truck (except for training purposes), the employer shall ensure that each operator has successfully completed the training required by this paragraph (l), except as permitted by paragraph (l)(5).
1910.178(l)(2)
Training program implementation.
1910.178(l)(2)(i)
Trainees may operate a powered industrial truck only:
1910.178(l)(2)(i)(A)
Under the direct supervision of persons who have the knowledge, training, and experience to train operators and evaluate their competence; and
1910.178(l)(2)(i)(B)
Where such operation does not endanger the trainee or other employees.
1910.178(l)(2)(ii)
Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace.
1910.178(l)(2)(iii)
All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.
1910.178(l)(3) Training program content.
Powered industrial truck operators shall receive initial training in the following topics, except in topics which the employer can demonstrate are not applicable to safe operation of the truck in the employer's workplace.
1910.178(l)(3)(i)
Truck-related topics:
1910.178(l)(3)(i)(A)
Operating instructions, warnings, and precautions for the types of truck the operator will be authorized to operate;
1910.178(l)(3)(i)(B)
Differences between the truck and the automobile;
1910.178(l)(3)(i)(C)
Truck controls and instrumentation: where they are located, what they do, and how they work;
1910.178(l)(3)(i)(D)
Engine or motor operation;
1910.178(l)(3)(i)(E)
Steering and maneuvering;
1910.178(l)(3)(i)(F)
Visibility (including restrictions due to loading);
1910.178(l)(3)(i)(G)
Fork and attachment adaptation, operation, and use limitations;
1910.178(l)(3)(i)(H)
Vehicle capacity;
1910.178(l)(3)(i)(I)
Vehicle stability;
1910.178(l)(3)(i)(J)
Any vehicle inspection and maintenance that the operator will be required to perform;
1910.178(l)(3)(i)(K)
Refueling and/or charging and recharging of batteries;
1910.178(l)(3)(i)(L)
Operating limitations;
1910.178(l)(3)(i)(M)
Any other operating instructions, warnings, or precautions listed in the operator's manual for the types of vehicle that the employee is being trained to operate.
1910.178(l)(3)(ii)
Workplace-related topics:
1910.178(l)(3)(ii)(A)
Surface conditions where the vehicle will be operated;
1910.178(l)(3)(ii)(B)
Composition of loads to be carried and load stability;
1910.178(l)(3)(ii)(C)
Load manipulation, stacking, and unstacking;
1910.178(l)(3)(ii)(D)
Pedestrian traffic in areas where the vehicle will be operated;
1910.178(l)(3)(ii)(E)
Narrow aisles and other restricted places where the vehicle will be operated;
1910.178(l)(3)(ii)(F)
Hazardous (classified) locations where the vehicle will be operated;
1910.178(l)(3)(ii)(G)
Ramps and other sloped surfaces that could affect the vehicle's stability;
1910.178(l)(3)(ii)(H)
Closed environments and other areas where insufficient ventilation or poor vehicle maintenance could cause a buildup of carbon monoxide or diesel exhaust;
1910.178(l)(3)(ii)(I)
Other unique or potentially hazardous environmental conditions in the workplace that could affect safe operation.
1910.178(l)(3)(iii)
The requirements of this section.
1910.178(l)(4) Refresher training and evaluation.
1910.178(l)(4)(i)
Refresher training, including an evaluation of the effectiveness of that training, shall be conducted as required by paragraph (l)(4)(ii) to ensure that the operator has the knowledge and skills needed to operate the powered industrial truck safely.
1910.178(l)(4)(ii)
Refresher training in relevant topics shall be provided to the operator when:
1910.178(l)(4)(ii)(A)
The operator has been observed to operate the vehicle in an unsafe manner;
1910.178(l)(4)(ii)(B)
The operator has been involved in an accident or near-miss incident;
1910.178(l)(4)(ii)(C)
The operator has received an evaluation that reveals that the operator is not operating the truck safely;
1910.178(l)(4)(ii)(D)
The operator is assigned to drive a different type of truck; or
1910.178(l)(4)(ii)(E)
A condition in the workplace changes in a manner that could affect safe operation of the truck.
1910.178(l)(4)(iii)
An evaluation of each powered industrial truck operator's performance shall be conducted at least once every three years.
1910.178(l)(5)
Avoidance of duplicative training. If an operator has previously received training in a topic specified in paragraph (l)(3) of this section, and such training is appropriate to the truck and working conditions encountered, additional training in that topic is not required if the operator has been evaluated and found competent to operate the truck safely.
1910.178(l)(6)
Certification. The employer shall certify that each operator has been trained and evaluated as required by this paragraph (l). The certification shall include the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.
1910.178(l)(7)
Dates. The employer shall ensure that operators of powered industrial trucks are trained, as appropriate, before the employee is assigned to operate a powered industrial truck.
[39 FR 23502, June 27, 1974, as amended at 40 FR 23073, May 28, 1975; 43 FR 49749, Oct. 24, 1978; 49 FR 5322, Feb. 10, 1984; 53 FR 12122, Apr. 12, 1988; 55 FR 32015, Aug. 6, 1990; 61 FR 9227, March 7, 1996; 63 FR 66270, Dec. 1, 1998]
For the most current listing of requirements, go to OSHA's website. |
| Oxygen-Fuel Gas Welding and Cutting | Download this regulation (pdf) |
| 29 CFR 1910.253(a)(4) |
| (4) Personnel. Workmen in charge of the oxygen or fuel-gas supply equipment, including generators, and oxygen or fuel-gas distribution piping systems shall be instructed by their employers for this important work before being left in charge. Rules and instructions covering the operation and maintenance of oxygen or fuel-gas supply equipment including generators, and oxygen or fuel-gas distribution piping systems shall be readily available. |
| Arc Welding and Cutting | Download this regulation (pdf) |
| 29 CFR 1910.254(a)(3) |
| (3) Instruction. Workmen designated to operate arc welding equipment shall have been properly instructed and qualified to operate such equipment as specified in paragraph (d) of this section. |
| Medical Services and First Aid | Download this regulation (pdf) |
| 29 CFR 1910.269(b)(1)(i) and (ii) |
(b) Medical services and first-aid. The employer shall provide medical services and first-aid as required in Section 1910.151 of this part. In addition to the requirements of Section 1910.151 of the Part, the following requirements also apply:
(1) Cardiopulmonary resuscitation and first-aid training. When employees are performing work on or associated with exposed lines or equipment energized at 50 volts or more, persons trained in first-aid including cardiopulmonary resuscitation (CPR) shall be available as follows:
(i) For field work involving two or more employees at a work location, at least two trained persons shall be available. However, only one trained person need be available if all new employees are trained in first-aid, including CPR, within 3 months of their hiring dates.
(ii) For fixed work locations such as generating stations, the number of trained persons available shall be sufficient to ensure that each employee exposed to electric shock can be reached within 4 minutes by a trained person. However, where the existing number of employees is insufficient to meet this requirement (at a remote substation, for example), all employees at the work location shall be trained. |
| Electric Power Generation, Transmission, and Distribution (Lockout/Tagout) |
| Download this regulation (pdf) |
| 29 CFR 1910.269(d)(vi)(A) through (C); (vii); (viii)(A) through (C); and (ix) |
(d) Hazardous energy control (lockout/tagout) procedures. (vi) The employer shall provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of energy controls are acquired by employees. The training shall include the following:
(A) Each authorized employee shall receive training in the recognition of applicable hazardous energy sources, the type and magnitude of energy available in the workplace, and in the methods and means necessary for energy isolation and control.
(B) Each affected employee shall be instructed in the purpose and use of the energy control procedure.
(C) All other employees whose work operations are or may be in an area where energy control procedures may be used shall be instructed about the procedures and about the prohibition relating to attempts to restart or reenergize machines or equipment that are locked out or tagged out.
(vii) When tagout systems are used, employees shall also be trained in the limitation of tags.
(viii) Retraining shall be provided by the employer as follows:
(A) Retraining shall be provided for all authorized and affected employees whenever there is a change in their job assignments, a change in machines, equipment, or processes that present a new hazard or whenever there is a change in the energy control procedures.
(B) Retraining shall also be conducted whenever a periodic inspection under paragraph (d)(2)(v) of this section reveals, or whenever the employer has reason to believe, there are deviations from or inadequacies in an employee's knowledge or use of the energy control procedures.
(C) The retraining shall reestablish employee proficiency and shall introduce new or revised control methods and procedures, as necessary. |
| Electrical Systems - Content of Training | Download this regulation (pdf) |
| 29 CFR 1910.332(b)(1) |
| (b) Content of training. (1) Practices addressed in this standard. Employees shall be required by §§1910.331 through 1910.335 that pertain to their respective job assignments. |
| Employee Emergency Action Plans | Download this regulation (pdf) |
| 29 CFR 1910.38(a)(5)(i), (ii)(a) through (c) and (iii) |
(i) Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.
(ii) The employer shall review the plan with each employee covered by the plan at the following times:
(a) Initially when the plan is developed,
(b) Whenever the employee's responsibilities or designated actions under the plan change, and
(c) Whenever the plan is changed.
(iii) The employer shall review with each employee upon initial assignment those parts of the plan which the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review. For those employers with 10 or fewer employees the plan may be communicated orally to employees and the employer need not maintain a written plan. |
| Employee Fire Prevention Plans | Download this regulation (pdf) |
| 29 CFR 1910.38(b)(4)(i) and (ii) |
(i) The employer shall apprise employees of the fire hazards of the materials and processes to which
they are exposed.
(ii) The employer shall review with each employee upon initial assignment those parts of the fire prevention plan which the employee must know to protect the employee in the event of an emergency. The written plan shall be kept in the workplace and made available for employee review. For those employers with 10 or fewer employees, the plan may be communicated orally to employees and the employer need not maintain a written plan. |
| Commercial Diving Operations - Qualifications of Dive Team | Download this regulation (pdf) |
| 29 CFR 1910.410(a)(1); (2)(i) through (iii); (3) and (4) | 29 CFR 1910.410(c)(2) | 29 CFR 1910.410(b)(1) | 29 CFR 1926.1076 |
(1) Each dive team member shall have the experience or training necessary to perform assigned tasks in a safe and healthful manner.
(2) Each dive team member shall have experience or training in the following:
(i) The use of tools, equipment, and systems relevant to assigned tasks;
(ii) Techniques of the assigned diving mode; and
(iii) Diving operations and emergency procedures.
(3) All dive team members shall be trained in cardiopulmonary resuscitation and first-aid (American Red Cross standard course or equivalent).
(4) Dive team members who are exposed to or control the exposure of others to hyperbaric conditions shall be trained in diving related physics and physiology.
(1) Each dive team member shall be assigned tasks in accordance with the employee's experience or training, except that limited additional tasks may be assigned to an employee undergoing training provided that these tasks are performed under the direct supervision of an experienced dive team member.
(2) The designated person-in-charge shall have experience and training in the conduct of the assigned diving operation.
Note: The requirements applicable to construction work under this section are identical to those set forth in 29 CFR 1910.410. |
| Powered Platforms for Building Maintenance - Operations Training | Download this regulation (pdf) |
| 29 CFR 1910.66(i), (ii) and (ii)(A) through (E), and (iii) through (v) |
(i) Working platforms shall be operated only by persons who are proficient in the operation, safe use and inspection of the particular working platform to be operated.
(ii) All employees who operate working platforms shall be trained in the following:
(A) Recognition of, and preventive measures for, the safety hazards associated with their individual work tasks.
(B) General recognition and prevention of safety hazards associated with the use of working platforms, including the provisions in the section relating to the particular working platform to be operated.
(C) Emergency action plan procedures required in paragraph (e)(9) of this section.
(D) Work procedures required in paragraph (i)(1)(iv) of this section.
(E) Personal fall arrest system inspection, care, use and system performance.
(iii) Training of employees in the operation and inspection of working platforms shall be done by a competent person.
(iv) Written work procedures for the operation, safe use and inspection of working platforms shall be provided for employee training. Pictorial methods of instruction, may be used, in lieu of written work procedures, if employee communication is improved using this method. The operating manuals supplied by manufacturers for platform system components can serve as the basis for these procedures.
(v) The employer shall certify that employees have been trained in operating and inspecting a working platform by preparing a certification record which includes the identity of the person trained, the signature of the employer or the person who conducted the training and the date that training was completed. The certification record shall be prepared at the completion of the training required in paragraph (i)(1)(ii) of this section, and shall be maintained in a file for the duration of the employee's employment. The certification record shall be kept readily available for review by the Assistant Secretary of Labor or the Assistant Secretary's representative. |
| Hearing Protection Training Program | Download this regulation (pdf) |
| 1910.95(i)(4); (k)(1) through (3)(iii) |
(i)(4) The employer shall provide training in the use and care of all hearing protectors provided to employees.
(k)(1) The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels, and shall ensure employee participation in such program.
(2) The training program shall be repeated annually for each employee included in the hearing conservation program. Information provided in the training program shall be updated to be consistent with changes in protective equipment and work processes.
(3) The employer shall ensure that each employee is informed of the following:
(i) The effects of noise on hearing;
(ii) The purpose of hearing protectors, the advantages, disadvantages, and attenuation of various types, and instructions on selection, fitting, use, and care; and
(iii) The purpose of audiometric testing, and an explanation of the test procedures. |
| Proposed Ergonomics Training Standard |
| 29 CFR 1910.923-928 |
§1910.923 What is my basic obligation? You must provide training to employees so they know about MSD hazards and your ergonomics program and measures for eliminating or materially reducing the hazards. You must provide training initially, periodically, and at least every 3 years at no cost to employees.
§1910.924 Who must I train? You must train:
(a)Employees in problem jobs;
(b)Supervisors of employees in problem jobs; and
(c)Persons involved in setting up and managing the ergonomics program, except for any outside consultant you may use.
§1910.925 What subjects must training cover? This table specifies the subjects training must cover: |
| YOU MUST PROVIDE TRAINING FOR... |
SO THAT THEY KNOW... |
| (a) Employees in problem jobs and their supervisors |
| * |
How to recognize MSD signs and symptoms; |
| * |
How to report MSD signs and symptoms, and the importance of early reporting; |
| * |
MSD hazards in their jobs and the measures they must follow to protect themselves from exposure to MSD hazards; |
| * |
Job-specific controls implemented in their jobs; |
| * |
The ergonomics program and their role in it; and |
| * |
The requirements of this standard. |
|
| (b) Persons involved in setting up and managing the ergonomics program |
| * |
The subjects above; |
| * |
How to set up and manage an ergonomics program; |
| * |
How to identify and analyze MSD hazards and measures to eliminate or materially reduce the hazards; and |
| * |
How to evaluate the effectiveness of ergonomics programs and controls. |
|
§1910.926 What must I do to ensure that employees understand the training? You must provide training and information in language that employees understand. You also must give employees an opportunity to ask questions and receive answers.
§1910.927 When must I train employees? This table specifies when you must train employees: |
| IF YOU HAVE... |
THEN YOU MUST PROVIDE TRAINING AT THESE TIMES... |
| (a) Employees in problem jobs and their supervisors |
| * |
When a problem job is identified; |
| * |
When initially assigned to a problem job; |
| * |
Periodically as needed (e.g., when new hazards are identified in a problem job or changes are made to a problem job that may increase exposure to MSD hazards); and |
| * |
At least every 3 years. |
|
| (b) Persons involved in setting up and managing the ergonomics program |
| * |
When they are initially assigned to setting up and managing the ergonomics program; |
| * |
Periodically as needed (e.g., when evaluation reveals significant deficiencies in the program, when significant changes are made in the ergonomics program); and |
| * |
At least every 3 years. |
|
§1910.928 Must I retrain employees who have received training already? No. You do not have to provide initial training to current employees, new employees and persons involved in setting up and managing the ergonomics programs if they have received training in the subjects this standard requires within the last 3 years. However, you must provide initial training in the subjects in which they have not been trained. |
| Lead in Construction | Download this regulation (pdf) |
| 1926.62(l)(1)(i) through (iv); (2)(i) through (viii) and (3)(i) and (ii) |
(1) General. (i) The employer shall communicate information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard for the construction industry, 29 CFR 1026.59, including but not limited to the requirements concerning warning signs and labels, material safety data sheets (MSDS), and employee information and training. In addition, employers shal comply with the following requirements:
(ii) For all employees who are subject to exposure to lead at or above the action level on any day or who are subject to exposure to lead compounds which may cause skin or eye irritation (e.g., lead arsenate, lead azide), the employer shall provide a training program in accordance with paragraph (1)(2) of this section and assure employee participation.
(iii) The employer shall provide the training program as initial training prior to the time of job assignment or prior to the start up date for this requirement, whichever comes last.
(iv) The employer shall also provide the training program at least annually for each employee who is subject to lead exposure at or above the action level on any day.
(2) Training program. The employer shall assure that each employee is trained in the following:
(i) The content of this standard and its appendices;
(ii) The specific nature of the operations which could result in exposure to lead above the action level;
(iv) The purpose and a description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females and hazards to the fetus and additional precautions for employees who are pregnant);
(v) The engineering controls and work practices associated with the employee's job assignment including training employees to follow relevant good work practices described in Appendix (B) of this section;
(vi) The contents of any compliance plan in effect;
(vii) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician; and
(viii) The employee's right of access to records under 29 CFR 1910.20.
(3) Access to information and training materials. (i) The employer shall make readily available to all affected employees a copy of this standard and its appendices.
(ii) The employer shall provide, upon request, all materials relating to the employee information and training program to affected employees and their designated representative, and to the Assistant Secretary and the Director. |
| Construction Ladders - Training Requirements | Download this regulation (pdf) |
| 29 CFR 1926.1060(a)(i) through (v) and (b) |
(a) The employer shall provide a training program for each employee using ladders and stairways, as necessary. The program shall enable each employee to recognize hazards related to ladders and stairways, and shall train each employee in the procedures to be followed to minimize these hazards.
(1) The employer shall ensure that each employee has been trained by a competent person in the following areas, as applicable:
(i) The nature of fall hazards in the work area;
(ii) The correct procedures for erecting, maintaining, and disassembling the fall protection systems to be used;
(iii) The proper construction, use, placement, and care in handling of all stairways and ladders;
(iv) The maximum intended load carrying capacities of ladders used; and
(v) the standards contained in this subpart.
(b) Retraining shall be provided for each employee as necessary so that the employee maintains the understanding and knowledge acquired through compliance with this section. |
| Power-Operated Hand Tools | Download this regulation (pdf) |
| 29 CFR 1926.302(e)(1) and (12) |
(1) Only employees who have been trained in the operation of the particular tool in use shall be allowed to operate a powder actuated tool.
(12) Powder-actuated tools used by employees shall meet all other applicable requirements of American National Standards Institute, A10.3-1970, Safety Requirements for Explosive-Actuated Fastening Tools. |
| Woodworking Tools | Download this regulation (pdf) |
| 29 CFR 1926.304(f) |
(f) Other requirements. All woodworking tools and machinery shall meet other applicable requirements of American National Standards Institute, 01.1-1961, Safety Code for Woodworking Machinery. From ANSI Standard 01.1-1961, Selection and Training of Operators: "Before a worker is permitted to operate any woodworking machine, he shall receive instructions in the hazards of the machine and the safe method of its operation. Refer to A9.7 of the Appendix. "A9.7 Selection and Training of Operators. Operation of Machines, Tools, and Equipment. General."
(1) Learn the machine's applications and limitations, as well as the specific potential hazards peculiar to this machine. Follow available operating instructions and safety rules carefully.
(2) Keep working area clean and be sure adequate lighting is available.
(3) Do not wear loose clothing, gloves, bracelets, necklaces, or ornaments. Wear face, eye, ear, respiratory, and body protection devices, as indicated for the operation or environment.
(4) Do not use cutting tools larger or heavier than the machine is designed to accommodate. Never operate a cutting tool at greater speed than recommended.
(5) Keep hands well away from saw blades and other cutting tools. Use a push stock or push block to hold or guide the work when working close to a cutting tool.
(6) Whenever possible, use properly locked clamps, jig, or vise to hold the work.
(7) Combs (feather boards) shall be provided for use when an applicable guard cannot be used.
(8) Never stand directly in line with a horizontally rotating cutting tool. This is particularly true when first starting a new tool, or a new tool is initially installed on the arbor.
(9) Be sure the power is disconnected from the machine before tools are serviced.
(10) Never leave the machine with the power on.
(11) Be positive that hold-downs and anti-kickback devices are positioned properly, and that the workpiece is being fed through the cutting tool in the right direction.
(12) Do not use a dull, gummy, bent, or cracked cutting tool.
(13) Be sure that keys and adjusting wrenches have been removed before turning power on.
(14) Use only accessories designed for the machine.
(15) Adjust the machine for minimum exposure of cutting tool necessary to perform the operation. |
| Scaffolding - Training Requirements | Download this regulation (pdf) |
| 29 CFR 1926.454(a)(1) through (5) and (b)(1) through (4) and (c)(1) through (3) |
Training Requirements. (a) The employer shall have each employee who performs work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards. The training shall include the following areas, as applicable:
(1) The nature of any electrical hazards, fall hazards and falling object hazards in the work area;
(2) The correct procedures for dealing with electrical hazards and for erecting, maintaining, and disassembling the fall protection systems and falling object protection systems being used;
(3) The proper use of the scaffold and the proper handling of materials on the scaffold;
(4) The maximum intended load and the load-carrying capacities of the scaffolds used; and
(5) Any other pertinent requirements of this subpart.
(b) The employer shall have each employee who is involved in erecting, disassembling, moving, operating, repairing, maintaining, or inspecting a scaffold trained by a competent person to recognize any hazards associated with the work in question. The training shall include the following topics, as applicable:
(1) The nature of scaffold hazards;
(2) The correct procedures for erecting, disassembling, moving, operating, repairing, inspecting, and maintaining the type of scaffold in question;
(3) The design criteria, maximum intended load-carrying capacity and intended use of the scaffold;
(4) Any other pertinent requirements of this subject.
(c) When the employer has reason to believe that an employee lacks the skill or understanding needed for safe work involving the erection use or dismantling of scaffolds, the employer shall retrain each such employee so that the requisite proficiency is regained. Retraining is required in at least the followoing situations:
(1) Where changes at the worksite present a hazard about which an employee has not been previously trained;
(2) Where changes in the types of scaffolds, or other equipment present a hazard about which an employee has not been previously trained; or
(3) Where inadequacies in an affected employee's work involving scaffolds indicate that the employee has not retained the requisite proficiency. |
| Fall Protection - Training Requirements | Download this regulation (pdf) |
| 29 CFR 1926.503(a)(1) and (2)(ii) through (vii) |
(a) Training Program. (1) The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.
(2) The employer shall ensure that each employee has been trained, as necessary, by a competent person qualified in the following areas:
(i) The nature of fall hazards in the work area;
(ii) The correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used;
(iii) The use and operation of guardrail systems, personal fall arrest systems, safety net systems, warning line systems, safety monitoring systems, controlled access zones, and other protection to be used;
(iv) The role of each employee in the safety monitoring system when this system is used;
(v) The limitations on the use of mechanical equipment during the performance of roofing work on low-slope roofs;
(vi) The correct procedures for the handling and storage of equipment and materials and the erection of overhead protection; and
(vii) The standards contained in this subpart. |
| Excavations General Protection Requirements (Excavations, Trenching, and Shoring) |
Download this regulation (pdf) |
| 29 CFR 1926.651(c)(1)(i); (h)(2) and (3); (i)(1), (i)(2)(iii), and (i)(2)(iv); (k)(1) and (2) |
(c) Access and egress (1) Structural ramps. (i) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be constructed in accordance with the design.
(h) Protection from hazards associated with water accumulation. (2) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation.
(3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering the excavation and to provide adquate drainage of the area adjacent to the excavation. Excavations subject to runoff from heavy rains will require an inspection by a competent person and compliance with paragraphs (h)(1) and (h)(2) of this section.
(i) Stability of adjacent structures. (1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, bracing, or underpinning shall be provided to ensure the stability of such structures for the protection of employees.
(2)(iii) A registered professional engineer has approved the determination that the structure is sufficiently removed from the excavation so as to be unaffected by the excavation activity; or
(iv) A registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees.
(k) Inspections. (1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated.
(2) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. |
| Guidelines for the Preparation and Implementation of a Spill Control and Countermeasure Plan | Download this regulation (pdf) |
| 40 CFR 112.7 (1997) |
The SPCC Plan shall be a carefully thought-out plan, prepared in accordance with good engineering practices, and which has the full approval of management at a level with authority to commit the necessary resources. If the plan calls for additional facilities or procedures, methods, or equipment not yet fully operational, these items should be discussed in separate paragraphs, and the details of installation and operational start-up should be explained separately. The complete SPCC Plan shall follow the sequence outlined below, and include a discussion of the facility's conformance with the appropriate guidelines listed:
(a) A facility which has experienced one or more spill events within twelve months prior to the effective date of this part should include a written description of each such spill, corrective action taken and plans for preventing recurrence.
(b) Where experience indicates a reasonable potential for equipment failure (such as tank over-flow, rupture, or leakage), the plan should include a prediction of the direction, rate of flow, and total quantity of oil which could be discharged from the facility as a result of each major type of failure.
(c) Appropriate containment and/or diversionary structures or equipment to prevent discharged oil from reaching a navigable water course should be provided. One of the following preventive systems or its equivalent should be used as a minimum:
(1) Onshore facilities:
(i) Dikes, berms or retaining walls sufficiently impervious to contain spilled oil;
(ii) Curbing;
(iii) Culverting, gutters or other drainage systems;
(iv) Weirs, booms or other barriers;
(v) Spill diversion ponds;
(vi) Retention ponds;
(vii) Sorbent materials.
(2) Offshore facilities:
(i) Curbing, drip pans;
(ii) Sumps and collection systems.
(d) When it is determined that the installation of structures or equipment listed in § 112.7(c) to prevent discharged oil from reaching the navigable waters is not practicable from any onshore or offshore facility, the owner or operator should clearly demonstrate such impracticability and provide the following:
(1) A strong oil spill contingency plan following the provision of 40 CFR part 109.
(2) A written commitment of manpower, equipment and materials required to expeditiously control and remove any harmful quantity of oil dis-charged.
(e) In addition to the minimal prevention standards listed under § 112.7(c), sections of the Plan should include a complete discussion of conformance with the following applicable guidelines, other effective spill prevention and containment procedures (or, if more stringent, with State rules, regulations and guidelines):
(1) Facility drainage (onshore); (excluding pro-duction facilities). (i) Drainage from diked storage areas should be restrained by valves or other positive means to prevent a spill or other excessive leakage of oil into the drainage system or inplant effluent treatment system, except where plan systems are designed to handle such leakage. Diked areas may be emptied by pumps or ejectors; however, these should be manually activated and the condition of the accumulation should be examined before starting to be sure no oil will be discharged into the water.
(ii) Flapper-type drain valves should not be used to drain diked areas. Valves used for the drainage of diked areas should, as far as practical, be of manual, open-and-closed design. When plant drainage drains directly into water courses and not into wastewater treatment plants, retained storm water should be inspected as provided in paragraphs (e)(2)(iii) (B), (C) and (D) of this section before drainage.
(iii) Plant drainage systems from undiked areas should, if possible, flow into ponds, lagoons or catchment basins, designed to retain oil or return it to the facility. Catchment basins should not be located in areas subject to periodic flooding.
(iv) If plant drainage is not engineered as above, the final discharge of all in-plant ditches should be equipped with a diversion system that could, in the event of an uncontrolled spill, return the oil to the plant.
(v) Where drainage waters are treated in more than one treatment unit, natural hydraulic flow should be used. If pump transfer is needed, two ''lift'' pumps should be provided, and at least one of the pumps should be permanently installed when such treatment is continuous. In any event, whatever techniques are used facility drainage systems should be adequately engineered to prevent oil from reaching navigable waters in the event of equipment failure or human error at the facility.
(2) Bulk storage tanks (onshore); (excluding production facilities). (i) No tank should be used for the storage of oil unless its material and construction are compatible with the material stored and conditions of storage such as pressure and temperature, etc.
(ii) All bulk storage tank installations should be constructed so that a secondary means of containment is provided for the entire contents of the largest single tank plus sufficient freeboard to allow for precipitation. Diked areas should be sufficiently impervious to contain spilled oil. Dikes, containment curbs, and pits are commonly employed for this purpose, but they may not always be appropriate. An alternative system could consist of a complete drainage trench enclosure arranged so that a spill could terminate and be safely confined in an in-plant catchment basin or holding pond.
(iii) Drainage of rainwater from the diked area into a storm drain or an effluent discharge that empties into an open water course, lake, or pond, and bypassing the in-plant treatment system may be acceptable if:
(A) The bypass valve is normally sealed closed.
(B) Inspection of the run-off rain water ensures compliance with applicable water quality standards and will not cause a harmful discharge as defined in 40 CFR part 110.
(C) The bypass valve is opened, and resealed following drainage under responsible supervision.
(D) Adequate records are kept of such events.
(iv) Buried metallic storage tanks represent a potential for undetected spills. A new buried installation should be protected from corrosion by coatings, cathodic protection or other effective methods compatible with local soil conditions. Such buried tanks should at least be subjected to regular pressure testing.
(v) Partially buried metallic tanks for the storage of oil should be avoided, unless the buried section of the shell is adequately coated, since partial burial in damp earth can cause rapid corrosion of metallic surfaces, especially at the earth/air interface.
(vi) Aboveground tanks should be subject to periodic integrity testing, taking into account tank design (floating roof, etc.) and using such techniques as hydrostatic testing, visual inspection or a system of non-destructive shell thickness testing. Comparison records should be kept where appropriate, and tank supports and foundations should be included in these inspections. In addition, the outside of the tank should frequently be observed by operating personnel for signs of deterioration, leaks which might cause a spill, or accumulation of oil inside diked areas.
(vii) To control leakage through defective internal heating coils, the following factors should be considered and applied, as appropriate.
(A) The steam return or exhaust lines from internal heating coils which discharge into an open water course should be monitored for contamination, or passed through a settling tank, skimmer, or other separation or retention system.
(B) The feasibility of installing an external heating system should also be considered.
(viii) New and old tank installations should, as far as practical, be fail-safe engineered or updated into a fail-safe engineered installation to avoid spills. Consideration should be given to providing one or more of the following devices:
(A) High liquid level alarms with an audible or visual signal at a constantly manned operation or surveillance station; in smaller plants an audible air vent may suffice.
(B) Considering size and complexity of the facility, high liquid level pump cutoff devices set to stop flow at a predetermined tank content level.
(C) Direct audible or code signal communication between the tank gauger and the pumping station.
(D) A fast response system for determining the liquid level of each bulk storage tank such as digital computers, telepulse, or direct vision gauges or their equivalent.
(E) Liquid level sensing devices should be regularly tested to insure proper operation.
(ix) Plant effluents which are discharged into navigable waters should have disposal facilities observed frequently enough to detect possible system upsets that could cause an oil spill event.
(x) Visible oil leaks which result in a loss of oil from tank seams, gaskets, rivets and bolts sufficiently large to cause the accumulation of oil in diked areas should be promptly corrected.
(xi) Mobile or portable oil storage tanks (on-shore) should be positioned or located so as to prevent spilled oil from reaching navigable waters. A secondary means of containment, such as dikes or catchment basins, should be furnished for the largest single compartment or tank. These facilities should be located where they will not be subject to periodic flooding or washout.
(3) Facility transfer operations, pumping, and in-plant process (onshore); (excluding production facilities). (i) Buried piping installations should have a protective wrapping and coating and should be cathodically protected if soil conditions warrant. If a section of buried line is exposed for any reason, it should be carefully examined for deterioration. If corrosion damage is found, additional examination and corrective action should be taken as indicated by the magnitude of the damage. An alternative would be the more frequent use of exposed pipe corridors or galleries.
(ii) When a pipeline is not in service, or in standby service for an extended time the terminal connection at the transfer point should be capped or blank-flanged, and marked as to origin.
(iii) Pipe supports should be properly designed to minimize abrasion and corrosion and allow for expansion and contraction.
(iv) All aboveground valves and pipelines should be subjected to regular examinations by operating personnel at which time the general condition of items, such as flange joints, expansion joints, valve glands and bodies, catch pans, pipeline supports, locking of valves, and metal surfaces should be assessed. In addition, periodic pressure testing may be warranted for piping in areas where facility drainage is such that a failure might lead to a spill event.
(v) Vehicular traffic granted entry into the facility should be warned verbally or by appropriate signs to be sure that the vehicle, because of its size, will not endanger above ground piping.
(4) Facility tank car and tank truck loading/unloading rack (onshore). (i) Tank car and tank truck loading/unloading procedures should meet the minimum requirements and regulation established by the Department of Transportation.
(ii) Where rack area drainage does not flow into a catchment basin or treatment facility designed to handle spills, a quick drainage system should be used for tank truck loading and unloading areas. The containment system should be designed to hold at least maximum capacity of any single compartment of a tank car or tank truck loaded or unloaded in the plant.
(iii) An interlocked warning light or physical barrier system, or warning signs, should be provided in loading/unloading areas to prevent vehicular departure before complete disconnect of flexible or fixed transfer lines.
(iv) Prior to filling and departure of any tank car or tank truck, the lowermost drain and all outlets of such vehicles should be closely examined for leakage, and if necessary, tightened, adjusted, or replaced to prevent liquid leakage while in transit.
(5) Oil production facilities (onshore)- (i) Definition. An onshore production facility may include all wells, flowlines, separation equipment, storage facilities, gathering lines, and auxiliary non-transportation- related equipment and facilities in a single geographical oil or gas field operated by a single operator.
(ii) Oil production facility (onshore) drainage.
(A) At tank batteries and central treating stations where an accidental discharge of oil would have a reasonable possibility of reaching navigable waters, the dikes or equivalent required under § 112.7(c)(1) should have drains closed and sealed at all times except when rainwater is being drained. Prior to drainage, the diked area should be inspected as provided in paragraphs (e)(2)(iii) (B), (C), and (D) of this section. Accumulated oil on the rainwater should be picked up and returned to storage or disposed of in accordance with approved methods.
(B) Field drainage ditches, road ditches, and oil traps, sumps or skimmers, if such exist, should be inspected at regularly scheduled intervals for accumulation of oil that may have escaped from small leaks. Any such accumulations should be removed.
(iii) Oil production facility (onshore) bulk storage tanks. (A) No tank should be used for the storage of oil unless its material and construction are compatible with the material stored and the conditions of storage.
(B) All tank battery and central treating plant installations should be provided with a secondary means of containment for the entire contents of the largest single tank if feasible, or alternate systems such as those outlined in § 112.7(c)(1). Drainage from undiked areas should be safely confined in a catchment basin or holding pond.
(C) All tanks containing oil should be visually examined by a competent person for condition and need for maintenance on a scheduled periodic basis. Such examination should include the foundation and supports of tanks that are above the surface of the ground.
(D) New and old tank battery installations should, as far as practical, be fail-safe engineered or updated into a fail-safe engineered installation to prevent spills. Consideration should be given to one or more of the following:
(1) Adequate tank capacity to assure that a tank will not overfill should a pumper/gauger be delayed in making his regular rounds.
(2) Overflow equalizing lines between tanks so that a full tank can overflow to an adjacent tank.
(3) Adequate vacuum protection to prevent tank collapse during a pipeline run.
(4) High level sensors to generate and transmit an alarm signal to the computer where facilities are a part of a computer production control system.
(iv) Facility transfer operations, oil production facility (onshore).
(A) All above ground valves and pipelines should be examined periodically on a scheduled basis for general condition of items such as flange joints, valve glands and bodies, drip pans, pipeline supports, pumping well polish rod stuffing boxes, bleeder and gauge valves.
(B) Salt water (oil field brine) disposal facilities should be examined often, particularly following a sudden change in atmospheric temperature to detect possible system upsets that could cause an oil discharge.
(C) Production facilities should have a program of flowline maintenance to prevent spills from this source. The program should include periodic examinations, corrosion protection, flowline replacement, and adequate records, as appropriate, for the individual facility.
(6) Oil drilling and workover facilities (on-shore). (i) Mobile drilling or workover equipment should be positioned or located so as to prevent spilled oil from reaching navigable waters.
(ii) Depending on the location, catchment basins or diversion structures may be necessary to intercept and contain spills of fuel, crude oil, or oily drilling fluids.
(iii) Before drilling below any casing string or during workover operations, a blowout prevention (BOP) assembly and well control system should be installed that is capable of controlling any well head pressure that is expected to be encountered while that BOP assembly is on the well. Casing and BOP installations should be in accordance with State regulatory agency requirements.
(7) Oil drilling, production, or workover facilities (offshore). (i) Definition: ''An oil drilling, production or workover facility (offshore)'' may include all drilling or workover equipment, wells, flowlines, gathering lines, platforms, and auxiliary nontransportation-related equipment and facilities in a single geographical oil or gas field operated by a single operator.
(ii) Oil drainage collection equipment should be used to prevent and control small oil spillage around pumps, glands, valves, flanges, expansion joints, hoses, drain lines, separators, treaters, tanks, and allied equipment. Drains on the facility should be controlled and directed toward a central collection sump or equivalent collection system sufficient to prevent discharges of oil into the navigable waters of the United States. Where drains and sumps are not practicable oil contained in collection equipment should be removed as often as necessary to prevent overflow.
(iii) For facilities employing a sump system, sump and drains should be adequately sized and a spare pump or equivalent method should be available to remove liquid from the sump and assure that oil does not escape. A regular scheduled preventive maintenance inspection and testing program should be employed to assure reliable oper-ation of the liquid removal system and pump start-up device. Redundant automatic sump pumps and control devices may be required on some installations.
(iv) In areas where separators and treaters are equipped with dump valves whose predominant mode of failure is in the closed position and pollution risk is high, the facility should be specially equipped to prevent the escape of oil. This could be accomplished by extending the flare line to a diked area if the separator is near shore, equipping it with a high liquid level sensor that will automatically shut-in wells producing to the separator, parallel redundant dump valves, or other feasible alternatives to prevent oil discharges.
(v) Atmospheric storage or surge tanks should be equipped with high liquid level sensing devices or other acceptable alternatives to prevent oil discharges.
(vi) Pressure tanks should be equipped with high and low pressure sensing devices to activate an alarm and/or control the flow or other acceptable alternatives to prevent oil discharges.
(vii) Tanks should be equipped with suitable corrosion protection.
(viii) A written procedure for inspecting and testing pollution prevention equipment and systems should be prepared and maintained at the facility. Such procedures should be included as part of the SPCC Plan.
(ix) Testing and inspection of the pollution prevention equipment and systems at the facility should be conducted by the owner or operator on a scheduled periodic basis commensurate with the complexity, conditions and circumstances of the facility or other appropriate regulations.
(x) Surface and subsurface well shut-in valves and devices in use at the facility should be sufficiently described to determine method of activation or control, e.g., pressure differential, change in fluid or flow conditions, combination of pressure and flow, manual or remote control mechanisms. Detailed records for each well, while not necessarily part of the plan should be kept by the owner or operator.
(xi) Before drilling below any casing string, and during workover operations a blowout preventer (BOP) assembly and well control system should be installed that is capable of controlling any well-head pressure that is expected to be encountered while that BOP assembly is on the well. Casing and BOP installations should be in accordance with State regulatory agency requirements.
(xii) Extraordinary well control measures should be provided should emergency conditions, including fire, loss of control and other abnormal conditions, occur. The degree of control system redundancy should vary with hazard exposure and probable consequences of failure. It is recommended that surface shut-in systems have redundant or ''fail close'' valving. Subsurface safety valves may not be needed in producing wells that will not flow but should be installed as required by applicable State regulations.
(xiii) In order that there will be no misunder-standing of joint and separate duties and obligations to perform work in a safe and pollution free manner, written instructions should be prepared by the owner or operator for contractors and subcontractors to follow whenever contract activities include servicing a well or systems appurtenant to a well or pressure vessel. Such instructions and procedures should be maintained at the offshore production facility. Under certain circumstances and conditions such contractor activities may require the presence at the facility of an authorized representative of the owner or operator who would intervene when necessary to prevent a spill event.
(xiv) All manifolds (headers) should be equipped with check valves on individual flowlines.
(xv) If the shut-in well pressure is greater than the working pressure of the flowline and manifold valves up to and including the header valves associated with that individual flowline, the flowline should be equipped with a high pressure sensing device and shut-in valve at the wellhead unless provided with a pressure relief system to prevent over pressuring.
(xvi) All pipelines appurtenant to the facility should be protected from corrosion. Methods used, such as protective coatings or cathodic protection, should be discussed.
(xvii) Sub-marine pipelines appurtenant to the facility should be adequately protected against environmental stresses and other activities such as fishing operations.
(xviii) Sub-marine pipelines appurtenant to the facility should be in good operating condition at all times and inspected on a scheduled periodic basis for failures. Such inspections should be doc-umented and maintained at the facility.
(8) Inspections and records. Inspections required by this part should be in accordance with written procedures developed for the facility by the owner or operator. These written procedures and a record of the inspections, signed by the ap-propriate supervisor or inspector, should be made part of the SPCC Plan and maintained for a period of three years.
(9) Security (excluding oil production facilities). (i) All plants handling, processing, and storing oil should be fully fenced, and entrance gates should be locked and/or guarded when the plant is not in production or is unattended.
(ii) The master flow and drain valves and any other valves that will permit direct outward flow of the tank's content to the surface should be securely locked in the closed position when in non-operating or non-standby status.
(iii) The starter control on all oil pumps should be locked in the ''off'' position or located at a site accessible only to authorized personnel when the pumps are in a non-operating or non-standby status.
(iv) The loading/unloading connections of oil pipelines should be securely capped or blank-flanged when not in service or standby service for an extended time. This security practice should also apply to pipelines that are emptied of liquid content either by draining or by inert gas pressure.
(v) Facility lighting should be commensurate with the type and location of the facility. Consideration should be given to: (A) Discovery of spills occurring during hours of darkness, both by operating personnel, if present, and by non-operating personnel (the general public, local police, etc.) and (B) prevention of spills occurring through acts of vandalism.
(10) Personnel, training and spill prevention procedures. (i) Owners or operators are responsible for properly instructing their personnel in the operation and maintenance of equipment to prevent the discharges of oil and applicable pollution control laws, rules and regulations.
(ii) Each applicable facility should have a designated person who is accountable for oil spill prevention and who reports to line management.
(iii) Owners or operators should schedule and conduct spill prevention briefings for their operating personnel at intervals frequent enough to assure adequate understanding of the SPCC Plan for that facility. Such briefings should highlight and describe known spill events or failures, malfunctioning components, and recently developed precautionary measures. |
| Facility Response Plans | Download this regulation (pdf) |
| 40 CFR 112.20 |
(a)The owner or operator of any non-transportation-related onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines shall prepare and submit a facility response plan to the Regional Administrator, according to the following provisions:
(1) For the owner or operator of a facility in operation on or before February 18, 1993 who is re-quired to prepare and submit a response plan under 33 U.S.C. 1321(j)(5), the Oil Pollution Act of 1990 (Pub. L. 101-380, 33 U.S.C. 2701 et seq.) requires the submission of a response plan that satisfies the requirements of 33 U.S.C. 1321(j)(5) no later than February 18, 1993.
(i) The owner or operator of an existing facility that was in operation on or before February 18, 1993 who submitted a response plan by February 18, 1993 shall revise the response plan to satisfy the requirements of this section and resubmit the response plan or updated portions of the response plan to the Regional Administrator by February 18, 1995.
(ii) The owner or operator of an existing facility in operation on or before February 18, 1993 who failed to submit a response plan by February 18, 1993 shall prepare and submit a response plan that satisfies the requirements of this section to the Regional Administrator before August 30, 1994.
(2) The owner or operator of a facility in operation on or after August 30, 1994 that satisfies the criteria in paragraph (f)(1) of this section or that is notified by the Regional Administrator pursuant to paragraph (b) of this section shall prepare and submit a facility response plan that satisfies the requirements of this section to the Regional Admin-istrator.
(i) For a facility that commenced operations after February 18, 1993 but prior to August 30, 1994, and is required to prepare and submit a response plan based on the criteria in paragraph (f)(1) of this section, the owner or operator shall submit the response plan or updated portions of the response plan, along with a completed version of the response plan cover sheet contained in AppendixF to this part, to the Regional Administrator prior to August 30, 1994.
(ii) For a newly constructed facility that commences operation after August 30, 1994, and is required to prepare and submit a response plan based on the criteria in paragraph (f)(1) of this section, the owner or operator shall submit the response plan, along with a completed version of the response plan cover sheet contained in Appendix F to this part, to the Regional Administrator prior to the start of operations (adjustments to the response plan to reflect changes that occur at the facility during the start-up phase of operations must be submitted to the Regional Administrator after an operational trial period of 60 days).
(iii) For a facility required to prepare and submit a response plan after August 30, 1994, as a result of a planned change in design, construction, operation, or maintenance that renders the facility subject to the criteria in paragraph (f)(1) of this section, the owner or operator shall submit the response plan, along with a completed version of the response plan cover sheet contained in Appendix F to this part, to the Regional Administrator before the portion of the facility undergoing change commences operations (adjustments to the response plan to reflect changes that occur at the facility during the start-up phase of operations must be submitted to the Regional Administrator after an operational trial period of 60 days).
(iv) For a facility required to prepare and submit a response plan after August 30, 1994, as a result of an unplanned event or change in facility characteristics that renders the facility subject to the criteria in paragraph (f)(1) of this section, the owner or operator shall submit the response plan, along with a completed version of the response plan cover sheet contained in Appendix F to this part, to the Regional Administrator within six months of the unplanned event or change.
(3) In the event the owner or operator of a facility that is required to prepare and submit a response plan uses an alternative formula that is comparable to one contained in Appendix C to this part to evaluate the criterion in paragraph (f)(1)(ii)(B) or (f)(1)(ii)(C) of this section, the owner or operator shall attach documentation to the response plan cover sheet contained in Appendix F to this part that demonstrates the reliability and analytical soundness of the alternative formula.
(b)(1) The Regional Administrator may at any time require the owner or operator of any non-transportation-related onshore facility to prepare and submit a facility response plan under this section after considering the factors in paragraph (f)(2) of this section. If such a determination is made, the Regional Administrator shall notify the facility owner or operator in writing and shall provide a basis for the determination. If the Regional Administrator notifies the owner or operator in writing of the requirement to prepare and submit a response plan under this section, the owner or operator of the facility shall submit the response plan to the Regional Administrator within six months of receipt of such written notification.
(2) The Regional Administrator shall review plans submitted by such facilities to determine whether the facility could, because of its location, reasonably be expected to cause significant and substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines.
(c) The Regional Administrator shall determine whether a facility could, because of its location, reasonably be expected to cause significant and substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines, based on the factors in paragraph (f)(3) of this section. If such a determination is made, the Regional Administrator shall notify the owner or operator of the facility in writing and:
(1) Promptly review the facility response plan;
(2) Require amendments to any response plan that does not meet the requirements of this section;
(3) Approve any response plan that meets the requirements of this section; and
(4) Review each response plan periodically thereafter on a schedule established by the Regional Administrator provided that the period between plan reviews does not exceed five years.
(d)(1) The owner or operator of a facility for which a response plan is required under this part shall revise and resubmit revised portions of the response plan within 60 days of each facility change that materially may affect the response to a worst case discharge, including:
(i) A change in the facility's configuration that materially alters the information included in the response plan;
(ii) A change in the type of oil handled, stored, or transferred that materially alters the required response resources;
(iii) A material change in capabilities of the oil spill removal organization(s) that provide equipment and personnel to respond to discharges of oil described in paragraph (h)(5) of this section;
(iv) A material change in the facility's spill prevention and response equipment or emergency response procedures; and
(v) Any other changes that materially affect the implementation of the response plan.
(2) Except as provided in paragraph (d)(1) of this section, amendments to personnel and telephone number lists included in the response plan and a change in the oil spill removal organization(s) that does not result in a material change in support capabilities do not require approval by the Regional Administrator. Facility owners or operators shall provide a copy of such changes to the Regional Administrator as the revisions occur.
(3) The owner or operator of a facility that submits changes to a response plan as provided in paragraph (d)(1) or (d)(2) of this section shall provide the EPA-issued facility identification number (where one has been assigned) with the changes.
(4) The Regional Administrator shall review for approval changes to a response plan submitted pursuant to paragraph (d)(1) of this section for a facility determined pursuant to paragraph (f)(3) of this section to have the potential to cause significant and substantial harm to the environment.
(e) If the owner or operator of a facility determines pursuant to paragraph (a)(2) of this section that the facility could not, because of its location, reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines, the owner or operator shall complete and maintain at the facility the certification form contained in Appendix C to this part and, in the event an alternative formula that is comparable to one contained in Appendix C to this part is used to evaluate the criterion in paragraph (f)(1)(ii)(B) or (f)(1)(ii)(C) of this section, the owner or operator shall attach documentation to the certification form that demonstrates the reliability and analytical soundness of the comparable formula and shall notify the Regional Administrator in writing that an alternative formula was used.
(f)(1) A facility could, because of its location, reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines pursuant to paragraph (a)(2) of this section, if it meets any of the following criteria applied in accordance with the flowchart contained in Attachment C-I to Appendix C to this part:
(i) The facility transfers oil over water to or from vessels and has a total oil storage capacity greater than or equal to 42,000 gallons; or
(ii) The facility's total oil storage capacity is greater than or equal to 1 million gallons, and one of the following is true:
(A) The facility does not have secondary containment for each aboveground storage area sufficiently large to contain the capacity of the largest aboveground oil storage tank within each storage area plus sufficient freeboard to allow for precipitation;
(B) The facility is located at a distance (as calculated using the appropriate formula in Appendix C to this part or a comparable formula) such that a discharge from the facility could cause injury to fish and wildlife and sensitive environments. For further description of fish and wildlife and sensitive environments, see Appendices I, II, and III of the ''Guidance for Facility and Vessel Re-sponse Plans: Fish and Wildlife and Sensitive Environments'' (see Appendix E to this part, section 10, for availability) and the applicable Area Contingency Plan prepared pursuant to section 311(j)(4) of the Clean Water Act;
(C) The facility is located at a distance (as calculated using the appropriate formula in Appendix C to this part or a comparable formula) such that a discharge from the facility would shut down a public drinking water intake; or
(D) The facility has had a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last 5 years.
(2)(i) To determine whether a facility could, because of its location, reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines pursuant to paragraph (b) of this section, the Regional Administrator shall consider the following:
(A) Type of transfer operation;
(B) Oil storage capacity;
(C) Lack of secondary containment;
(D) Proximity to fish and wildlife and sensitive environments and other areas determined by the Regional Administrator to possess ecological value;
(E) Proximity to drinking water intakes;
(F) Spill history; and
(G) Other site-specific characteristics and environmental factors that the Regional Administrator determines to be relevant to protecting the environment from harm by discharges of oil into or on navigable waters or adjoining shorelines.
(ii) Any person, including a member of the public or any representative from a Federal, State, or local agency who believes that a facility subject to this section could, because of its location, reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines may petition the Regional Administrator to determine whether the facility meets the criteria in paragraph (f)(2)(i) of this section. Such petition shall include a discussion of how the factors in paragraph (f)(2)(i) of this section apply to the facility in question. The RA shall consider such petitions and respond in an appropriate amount of time.
(3) To determine whether a facility could, because of its location, reasonably be expected to cause significant and substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines, the Regional Administrator may consider the factors in paragraph
(f)(2) of this section as well as the following:
(i) Frequency of past spills;
(ii) Proximity to navigable waters;
(iii) Age of oil storage tanks; and
(iv) Other facility-specific and Regionspecific information, including local impacts on public health.
(g)(1) All facility response plans shall be consistent with the requirements of the National Oil and Hazardous Substance Pollution Contingency Plan (40 CFR part 300) and applicable Area Contingency Plans prepared pursuant to section 311(j)(4) of the Clean Water Act. The facility response plan should be coordinated with the local emergency response plan developed by the local emergency planning committee under section 303 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 11001 et seq.). Upon request, the owner or operator should provide a copy of the facility response plan to the local emergency planning committee or State emergency response commission.
(2) The owner or operator shall review relevant portions of the National Oil and Hazardous Substances Pollution Contingency Plan and applicable Area Contingency Plan annually and, if necessary, revise the facility response plan to ensure consistency with these plans.
(3) The owner or operator shall review and update the facility response plan periodically to reflect changes at the facility.
(h) A response plan shall follow the format of the model facility-specific response plan included in Appendix F to this part, unless an equivalent response plan has been prepared to meet State or other Federal requirements. A response plan that does not follow the specified format in Appendix F to this part shall have an emergency response action plan as specified in paragraphs (h)(1) of this section and be supplemented with a cross-reference section to identify the location of the elements listed in paragraphs (h)(2) through (h)(10) of this section. To meet the requirements of this part, a response plan shall address the following elements, as further described in Appendix F to this part:
(1) Emergency response action plan. The response plan shall include an emergency response action plan in the format specified in paragraphs (h)(1)(i) through (viii) of this section that is maintained in the front of the response plan, or as a separate document accompanying the response plan, and that includes the following information:
(i) The identity and telephone number of a qualified individual having full authority, including contracting authority, to implement removal actions;
(ii) The identity of individuals or organizations to be contacted in the event of a discharge so that immediate communications between the qualified individual identified in paragraph (h)(1) of this section and the appropriate Federal officials and the persons providing response personnel and equipment can be ensured;
(iii) A description of information to pass to response personnel in the event of a reportable spill;
(iv) A description of the facility's response equipment and its location;
(v) A description of response personnel capabilities, including the duties of persons at the facility during a response action and their response times and qualifications;
(vi) Plans for evacuation of the facility and a reference to community evacuation plans, as appropriate;
(vii) A description of immediate measures to secure the source of the discharge, and to provide adequate containment and drainage of spilled oil; and
(viii) A diagram of the facility.
(2) Facility information. The response plan shall identify and discuss the location and type of the facility, the identity and tenure of the present owner and operator, and the identity of the qualified individual identified in paragraph (h)(1) of this section.
(3) Information about emergency response.The response plan shall include:
(i) The identity of private personnel and equipment necessary to remove to the maximum extent practicable a worst case discharge and other discharges of oil described in paragraph (h)(5) of this section, and to mitigate or prevent a substantial threat of a worst case discharge (To identify response resources to meet the facility response plan requirements of this section, owners or operators shall follow Appendix E to this
part or, where not appropriate, shall clearly demonstrate in the response plan why use of Appendix E of this part is not appropriate at the facility and make comparable arrangements for response resources);
(ii) Evidence of contracts or other approved means for ensuring the availability of such personnel and equipment;
(iii) The identity and the telephone number of individuals or organizations to be contacted in the event of a discharge so that immediate communications between the qualified individual identified in paragraph (h)(1) of this section and the appropriate Federal official and the persons providing response personnel and equipment can be ensured;
(iv) A description of information to pass to response personnel in the event of a reportable spill;
(v) A description of response personnel capabilities, including the duties of persons at the facility during a response action and their response times and qualifications;
(vi) A description of the facility's response equipment, the location of the equipment, and equipment testing;
(vii) Plans for evacuation of the facility and a reference to community evacuation plans, as appropriate;
(viii) A diagram of evacuation routes; and
(ix) A description of the duties of the qualified individual identified in paragraph (h)(1) of this section, that include:
(A) Activate internal alarms and hazard communication systems to notify all facility personnel;
(B) Notify all response personnel, as needed;
(C) Identify the character, exact source, amount, and extent of the release, as well as the other items needed for notification;
(D) Notify and provide necessary information to the appropriate Federal, State, and local authorities with designated response roles, including the National Response Center, State Emergency Response Commission, and Local Emergency Planning Committee;
(E) Assess the interaction of the spilled substance with water and/or other substances stored at the facility and notify response personnel at the scene of that assessment;
(F) Assess the possible hazards to human health and the environment due to the release. This assessment must consider both the direct and indirect effects of the release (i.e., the effects of any toxic, irritating, or asphyxiating gases that may be generated, or the effects of any hazardous surface water runoffs from water or chemical agents used to control fire and heat-induced explosion);
(G) Assess and implement prompt removal actions to contain and remove the substance released;
(H) Coordinate rescue and response actions as previously arranged with all response personnel;
(I) Use authority to immediately access company funding to initiate cleanup activities; and
(J) Direct cleanup activities until properly relieved of this responsibility.
(4) Hazard evaluation. The response plan shall discuss the facility's known or reasonably identifiable history of discharges reportable under 40 CFR part 110 for the entire life of the facility and shall identify areas within the facility where discharges could occur and what the potential effects of the discharges would be on the affected environment. To assess the range of areas potentially affected, owners or operators shall, where appropriate, consider the distance calculated in paragraph (f)(1)(ii) of this section to determine whether a facility could, because of its location, reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines.
(5) Response planning levels. The response plan shall include discussion of specific planning scenarios for:
(i) A worst case discharge, as calculated using the appropriate worksheet in Appendix D to this part. In cases where the Regional Administrator determines that the worst case discharge volume calculated by the facility is not appropriate, the Regional Administrator may specify the worst case discharge amount to be used for response planning at the facility. For complexes, the worst case planning quantity shall be the larger of the amounts calculated for each component of the facility;
(ii) A discharge of 2,100 gallons or less, provided that this amount is less than the worst case discharge amount. For complexes, this planning quantity shall be the larger of the amounts calculated for each component of the facility; and
(iii) A discharge greater than 2,100 gallons and less than or equal to 36,000 gallons or 10 percent of the capacity of the largest tank at the facility, whichever is less, provided that this amount is less than the worst case discharge amount. For complexes, this planning quantity shall be the larger of the amounts calculated for each component of the facility.
(6) Discharge detection systems. The response plan shall describe the procedures and equipment used to detect discharges.
(7) Plan implementation. The response plan shall describe:
(i) Response actions to be carried out by facility personnel or contracted personnel under the response plan to ensure the safety of the facility and to mitigate or prevent discharges described in paragraph (h)(5) of this section or the substantial threat of such discharges;
(ii) A description of the equipment to be used for each scenario;
(iii) Plans to dispose of contaminated cleanup materials; and
(iv) Measures to provide adequate containment and drainage of spilled oil.
(8) Self-inspection, drills/exercises, and response training. The response plan shall include:
(i) A checklist and record of inspections for tanks, secondary containment, and response equipment;
(ii) A description of the drill/exercise program to be carried out under the response plan as described in § 112.21;
(iii) A description of the training program to be carried out under the response plan as described in § 112.21; and
(iv) Logs of discharge prevention meetings, training sessions, and drills/exercises. These logs may be maintained as an annex to the response plan.
(9) Diagrams. The response plan shall include site plan and drainage plan diagrams.
(10) Security systems. The response plan shall include a description of facility security systems.
(11) Response plan cover sheet. The response plan shall include a completed response plan cover sheet provided in Section 2.0 of Appendix F to this part.
(i)(1) In the event the owner or operator of a facility does not agree with the Regional Administrator's determination that the facility could, because of its location, reasonably be expected to cause substantial harm or significant and substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines, or that amendments to the facility response plan are necessary prior to approval, such as changes to the worst case discharge planning volume, the owner or operator may submit a request for reconsideration to the Regional Administrator and provide additional information and data in writing to support the request. The request and accompanying information must be submitted to the Regional Administrator within 60 days of receipt of notice of the Regional Administrator's original decision. The Regional Administrator shall consider the request and render a decision as rapidly as practicable.
(2) In the event the owner or operator of a facility believes a change in the facility's classification status is warranted because of an unplanned event or change in the facility's characteristics (i.e., substantial harm or significant and substantial harm), the owner or operator may submit a request for reconsideration to the Regional Administrator and provide additional information and data in writing to support the request. The Regional Administrator shall consider the request and render a decision as rapidly as practicable.
(3) After a request for reconsideration under paragraph (i)(1) or (i)(2) of this section has been denied by the Regional Administrator, an owner or operator may appeal a determination made by the Regional Administrator. The appeal shall be made to the EPA Administrator and shall be made in writing within 60 days of receipt of the decision from the Regional Administrator that the request for reconsideration was denied. A complete copy of the appeal must be sent to the Regional Administrator at the time the appeal is made. The appeal shall contain a clear and concise statement of the issues and points of fact in the case. It also may contain additional information from the owner or operator, or from any other person. The EPA Administrator may request additional information from the owner or operator, or from any other person. The EPA Administrator shall render a decision as rapidly as practicable and shall notify the owner or operator of the decision. |
| Facility Response Training and Drills/Exercise | Download this regulation (pdf) |
| 40 CFR 112.21 |
(a) The owner or operator of any facility required to prepare a facility response plan under § 112.20 shall develop and implement a facility response training program and a drill/exercise program that satisfy the requirements of this section. The owner or operator shall describe the programs in the response plan as provided in § 112.20(h)(8).
(b) The facility owner or operator shall develop a facility response training program to train those personnel involved in oil spill response activities. It is recommended that the training program be based on the USCG's Training Elements for Oil Spill Response, as applicable to facility operations. An alternative program can also be acceptable subject to approval by the Regional Administrator.
(1) The owner or operator shall be responsible for the proper instruction of facility personnel in the procedures to respond to discharges of oil and in applicable oil spill response laws, rules, and regulations.
(2) Training shall be functional in nature according to job tasks for both supervisory and non-supervisory operational personnel.
(3) Trainers shall develop specific lesson plans on subject areas relevant to facility personnel involved in oil spill response and cleanup.
(c) The facility owner or operator shall develop a program of facility response drills/exercises, including evaluation procedures. A program that follows the National Preparedness for Response Exercise Program (PREP) (see Appendix E to this part, section 10, for availability) will be deemed satisfactory for purposes of this section. An altenative program can also be acceptable subject to approval by the Regional Administrator. |
| NPDES Best Management Practices |
| 40 CFR 125.104 |
(a) BMP programs shall be developed in accordance with good engineering practices and with the provisions of this subpart.
(b) The BMP program shall:
(1) Be documented in narrative form, and shall include any necessary plot plans, drawings or maps;
(2) Establish specific objectives for the control of toxic and hazardous pollutants.
(i) Each facility component or system shall be examined for its potential for causing a release of significant amounts of toxic or hazardous pollutants to waters of the United States due to equipment failure, improper operation, natural phenomena such as rain or snowfall, etc.
(ii) Where experience indicates a reasonable potential for equipment failure (e.g., a tank overflow or leakage), natural condition (e.g., precipitation), or other circumstances to result in significant amounts of toxic or hazardous pollutants reaching surface waters, the program should include a prediction of the direction, rate of flow and total quantity of toxic or hazardous pollutants which could be discharged from the facility as a result of each condition or circumstance;
(3) Establish specific best management practices to meet the objectives identified under paragraph (b)(2) of this section, addressing each component or system capable of causing a release of significant amounts of toxic or hazardous pollutants to the waters of the United States;
(4) The BMP program: (i) May reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of the Act and 40 CFR part 151, and may incorporate any part of such plans into the BMP program by reference;
(ii) Shall assure the proper management of solid and hazardous waste in accordance with regulations promulgated under the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA) (40 U.S.C. 6901 et seq). Management practices required under RCRA regulations shall be expressly incorporated into the BMP program; and
(iii) Shall address the following points for the ancillary activities in § 125.102:
(A) Statement of policy;
(B) Spill Control Committee;
(C) Material inventory;
(D) Material compatibility;
(E) Employee training:
(F) Reporting and notification procedures;
(G) Visual inspections;
(H) Preventive maintenance;
(I) Housekeeping; and
(J) Security.
(c)(1) The BMP program must be clearly described and submitted as part of the permit application. An application which does not contain a BMP program shall be considered incomplete. Upon receipt of the application, the Director shall approve or modify the program in accordance with the requirements of this subpart. The BMP program as approved or modified shall be included in the draft permit (§ 124.6). The BMP program shall be subject to the applicable permit issuance requirements of part 124, resulting in the incorporation of the program (including any modifications of the program resulting from the permit issuance procedures) into the final permit.
(2) Proposed modifications to the BMP program which affect the discharger's permit obligations shall be submitted to the Director for approval. If the Director approves the proposed BMP program modification, the permit shall be modified in accordance with § 122.62, provided that the Director may waive the requirements for public notice and opportunity for hearing on such modification if he or she determines that the modification is not significant. The BMP program, or modification thereof, shall be fully implemented as soon as possible but not later than one year after permit issuance, modification, or revocation and reissuance unless the Director specifies a later date in the permit. NOTE: A later date may be specified in the permit, for example, to enable coordinated preparation of the BMP program required under these regulations and the SPCC plan required under 40 CFR part 151 or to allow for the completion of construction projects related to the facility's BMP or SPCC program.
(d) The discharger shall maintain a description of the BMP program at the facility and shall make the description available to the Director upon request.
(e) The owner or operator of a facility subject to this subpart shall amend the BMP program in accordance with the provisions of this subpart whenever there is a change in facility design, construction, operation, or maintenance which materially affects the facility's potential for discharge of significant amounts of hazardous or toxic pollutants into the waters of the United States.
(f) If the BMP program proves to be ineffective in achieving the general objective of preventing the release of significant amounts of toxic or hazardous pollutants to those waters and the specific objectives and requirements under paragraph (b) of this section, the permit and/or the BMP program shall be subject to modification to incorporate revised BMP requirements. |
| TSD Facilities Personnel Training |
| 40 CFR 265.16 |
(a)(1) Facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this part. The owner or operator must ensure that this program includes all the elements described in the document required under paragraph (d)(3) of this section.
(2) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
(3) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:
(i) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed cut-off systems;
(iii) Communications or alarm systems;
(iv) Response to fires or explosions;
(v) Response to ground-water contamination incidents; and
(vi) Shutdown of operations.
(b) Facility personnel must successfuly complete the program required in paragraph (a) of this section within six months after the effective date of these regulations or six months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after the effective date of these regulations must not work in unsupervised positions until they have completed the training requirements of paragraph (a) of this section.
(c) Facility personnel must take part in an annual review of the initial training required in paragraph (a) of this section.
(d) The owner or operator must maintain the following documents and records at the facility:
(1) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
(2) A written job description for each position listed under paragraph (d)(1) of this Section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position;
(3) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (d)(1) of this section;
(4) Records that document that the training or job experience required under paragraphs (a), (b), and (c) of this section has been given to, and completed by, facility personnel.
(e) Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company. |
| Contingency Plan and Emergency Procedures | Download this regulation (pdf) |
| 40 CFR 265.50-56 |
265.50 Applicability. The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as § 265.1 provides otherwise.
265.51 Purpose and implementation of contingency plan. (a) Each owner or operator must have a contingency plan for his facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.
(b) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
265.52 Content of contingency plan. (a) The contingency plan must describe the actions facility personnel must take to comply with § 265.51 and § 265.56 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.
(b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with part 112 of this chapter, or part 1510 of chapter V, or some other emergency or contingency plan, he need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this part.
(c) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to § 265.37.
(d) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see § 265.55), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.
(e) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(f) The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).
265.53 Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be:
(a) Maintained at the facility; and
(b) Submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.
265.54 Amendment of contingency plan. The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
(a) Applicable regulations are revised;
(b) The plan fails in an emergency;
(c) The facility changes - in its design, construction, operation, maintenance, or other circumstances - in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
265.55 Emergency coordinator. At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
[Comment: The emergency coordinator's responsibilities are more fully spelled out in § 265.56. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of waste(s) handled by the facility, and type and com-plexity of the facility.]
265.56 Emergency procedures. (a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and
(2) Notify appropriate State or local agencies with designated response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and a real extent of any released materials. He may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any haz-ardous surface water runoffs from water or chemical agents used to control fire and heat-induced explosions).
(d) If the emergency coordinator de-termines that the facility has had a reease, fire, or explosion which could threaten human health, or the environment, outside the facility, he must report his findings as follows:
(1) If his assessment indicates that evacuation of local areas may be advisable, he must immediately notify appropriate local authorities. He must be available to help appropriate officials decide whether local areas should be evacuated; and
(2) He must immediately notify either the government official designated as the on-scene coordinator for that geographical area (in the applicable regional contingency plan under part 1510 of this title), or the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g., release, fire);
(iv) Name and quantity of material(s) involved, to the extent known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human health, or the environment, outside the facility.
(e) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.
(f) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator must pro-vide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can demonstrate, in accordance with 261.3(c) or (d) of this chapter, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of parts § 262, 263, and 265 of this chapter.]
(h) The emergency coordinator must ensure that, in the affected area(s) of the facility:
(1) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and
(2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(i) The owner or operator must notify the Regional Administrator, and appropriate State and local authorities, that the facility is in compliance with paragraph
(h) of this section before operations are resumed in the affected area(s) of the facility.
(j) The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he must submit a written report on the incident to the Regional Administrator. The report must include:
(1) Name, address, and telephone number of the owner or operator;
(2) Name, address, and telephone number of the facility;
(3) Date, time, and type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s) involved;
(5) The extent of injuries, if any;
(6) An assessment of actual or potential hazards to human health or the en-vironment, where this is applicable; and
(7) Estimated quantity and disposition of recovered material that resulted from the incident. |
| Hazardous Materials Transportation Training | Download this regulation (pdf) |
| 49 CFR 172.700-704 |
§172.700 Purpose and scope. (a) Purpose. This subpart prescribes requirements for training hazmat employees.
(b) Scope. Training as used in this subpart means a systematic program that ensures a hazmat employee has familiarity with the general provisions of this subchapter, is able to recognize and identify hazardous materials, has knowledge of specific requirements of this subchapter applicable to functions performed by the employee, and has knowledge of emergency response information, self-protection measures and accident prevention methods and procedures (see §172.704).
(c) Modal-specific training requirements. Additional training requirements for the individual modes of transportation are prescribed in parts 174, 175, 176, and 177 of this subchapter.
§172.701 Federal-State relationship. This subpart and the parts referenced in §172.700(c) prescribe minimum training requirements for the transportation of hazardous materials. For motor vehicle drivers, however, a State may impose more stringent training requirements only if those requirements-
(a) Do not conflict with the training requirements in this subpart and in part §177 of this subchapter; and
(b) Apply only to drivers domiciled in that State.
§172.702 Applicability and responsibility for training and testing. (a) A hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements prescribed in this subpart.
(b) Except as provided in §172.704(c)(1), a hazmat employee who performs any function subject to the requirements of this subchapter may not perform that function unless instructed in the requirements of this subchapter that apply to that function. It is the duty of each hazmat employer to comply with the applicable requirements of this subchapter and to thoroughly instruct each hazmat employee in relation thereto.
(c) Training may be provided by the hazmat employer or other public or private sources.
(d) A hazmat employer shall ensure that each of its hazmat employees is tested by appropriate means on the training subjects covered in §172.704.
[Amdt. 172-126, 57 FR 20952, May 15, 1992; 57 FR 22182, May 27, 1992, as amended by Amdt. 172-149, 61 FR 27173, May 30, 1996]
§172.704 Training requirements. (a) Hazmat employee training shall include the following:
(1) General awareness/familiarization training. Each hazmat employee shall be provided general awareness/familiarization training designed to provide familiarity with the requirements of this subchapter, and to enable the employee to recognize and identify hazardous materials consistent with the hazard communication standards of this subchapter.
(2) Function-specific training.
(i) Each hazmat employee shall be provided function-specific training concerning requirements of this subchapter, or exemptions issued under subchapter A of this chapter, which are specifically applicable to the functions the employee performs.
(ii) As an alternative to function-specific training on the requirements of this subchapter, training relating to the requirements of the ICAO Technical Instructions and the IMDG Code may be provided to the extent such training addresses functions authorized by §§171.11 and 171.12 of this subchapter.
(3) Safety training. Each hazmat employee shall receive safety training concerning-
(i) Emergency response information required by subpart G of part 172;
(ii) Measures to protect the employee from the hazards associated with hazardous materials to which they may be exposed in the work place, including specific measures the hazmat employer has implemented to protect employees from exposure; and
(iii) Methods and procedures for avoiding accidents, such as the proper procedures for handling packages containing hazardous materials.
(b) OSHA or EPA Training. Training conducted by employers to comply with the hazard communication programs required by the Occupational Safety and Health Administration (OSHA) of the Department of Labor (29 CFR 1910.120) or the Environmental Protection Agency (EPA) (40 CFR 311.1), to the extent that training addresses the training specified in paragraph (a) of this section, may be used to satisfy the training requirements in paragraph (a) of this section, in order to avoid unnecessary duplication of training.
(c) Initial and recurrent training
(1) Initial training. A new hazmat employee, or a hazmat employee who changes job functions may perform those functions prior to the completion of training provided-
(i) The employee performs those functions under the direct supervision of a properly trained and knowledgeable hazmat employee; and
(ii) The training is completed within 90 days after employment or a change in job function.
(2) Recurrent training. A hazmat employee shall receive the training required by this subpart at least once every three years.
(3) Relevant Training. Relevant training received from a previous employer or other source may be used to satisfy the requirements of this subpart provided a current record of training is obtained from hazmat employees' previous employer.
(4) Compliance. Each hazmat employer is responsible for compliance with the requirements of this subchapter regardless of whether the training required by this subpart has been completed.
(d) Recordkeeping. A record of current training, inclusive of the preceding three years, in accordance with this section shall be created and retained by each hazmat employer for as long as that employee is employed by that employer as a hazmat employee and for 90 days thereafter. The record shall include:
(1) The hazmat employee's name;
(2) The most recent training completion date of the hazmat employee's training;
(3) A description, copy, or the location of the training materials used to meet the requirements in paragraph (a) of this section;
(4) The name and address of the person providing the training; and
(5) Certification that the hazmat employee has been trained and tested, as required by this subpart.
(e) Limitation. A hazmat employee who repairs, modifies, reconditions, or tests packagings as qualified for use in the transportation of hazardous materials, and who does not perform any other function subject to the requirements of this subchapter, is not subject to the safety training requirement of paragraph (a)(3) of this section.
[Amdt. 172-126, 57 FR 20952, May 15, 1992, as amended by Amdt. 172-126, 58 FR 5851, Jan. 22, 1993; Amdt. 172-145, 60 FR 49110, Sept. 21, 1995; Amdt. 172-149, 61 FR 27173, May 30, 1996] |
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