DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-760-B] RIN 1218-AB27

Accreditation of Training Programs for Hazardous Waste Operations

AGENCY: Occupational Safety and Health Administration

ACTION: Proposed rule; limited reopening of the record and request for comments.

SUMMARY: The Occupational Safety and Health Administration (OSHA) issued a proposal January 26, 1990 (55 FR 2776) to accredit training programs for hazardous waste operations which asked whether OSHA should also accredit training programs for emergency response to incidents involving hazardous substances. Comments have been received, public hearings have been held and the public rulemaking record has been closed.

OSHA recently received the final report of a survey which collected information on the number, type and characteristics of training programs for hazardous waste and emergency response workers. Eastern Research Group, Inc. (ERG) preformed this study. With this notice OSHA announces the availability of the ERG report and reopens the public record for Docket S-760B to receive public comment only on the ERG report and the survey results.

DATE: Comments must be postmarked by March 26, 1992.

ADDRESSES: 1. Copies of the report are available at or upon either telephone or written request to the Docket Office, Occupational Safety and Health Administration, Room N-2625, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210; Telephone: (202) 523-7894.

2. Written comments on the report should be submitted in quadruplicate to the Docket Office, Docket No. S-760-B, OSHA Room N-2625, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, Office of Information and Consumer Affairs, Occupational Safety and Health Administration, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 20210, 202-523-8151.

SUPPLEMENTARY INFORMATION:

I. BACKGROUND. OSHA has rules regulating hazardous waste and emergency response operations located at 29 CFR 1910.120 which include training requirements. Congress has directed that OSHA accredit such training programs in certain circumstances. OSHA proposed January 26, 1990 (55 FR 2776) to accredit hazardous waste training programs and asked whether it should accredit emergency response training programs.

Comments were received pursuant to the proposal. At public request, hearings were also held (see 55 FR 30720, July 27, 1990 and 55 FR 45616, October 30, 1990). Final post-hearing briefs were received May 1, 1991 and the record was closed August 9, 1991.

Separately OSHA has collected information on characteristics of selected training programs for emergency response personnel for hazardous materials incidents. This data collection was initiated to help OSHA fulfill its part of a 5-Agency Task Force on developing emergency response training programs. That 5- Agency Task Force included the U.S. Department of Transportation (DOT), the U.S. Environmental Protection Agency (EPA), the Federal Emergency Management Agency (FEMA), the U.S. Department of Labor (DOL), and the U.S. Department of Health and Human Services (HHS).

Specifically, OSHA needed the information to:

1. Identify emergency response training courses that could be used by the Agency as models of effective programs. OSHA may prepare its own training courses (or adapt existing courses) to fulfill its responsibilities to contribute to the 5-Agency Task Force; and

2. Analyze the collective effectiveness of emergency response training programs in meeting the requirements of previous OSHA regulations, in particular, 29 CFR 1910.120,

OSHA conducted a survey to collect this information. The survey was submitted to the Office of Management and Budget (OMB) for approval and public comments on the survey instrument were requested on March 22, 1991 (56 FR 12261). OSHA requested that OMB complete its review by May 6, 1991. As a result of the process the survey's emphasis was refocused. The survey was performed by Eastern Research Group (ERG). The survey covered the technical content of training programs, the use of videos, equipment demonstrations and simulations, the methods used to test students, and the means used to provide feedback to instructors about their training effectiveness.

As part of their analysis, ERG also collected information on a selected number of training programs for workers employed at uncontrolled hazardous waste sites and at hazardous waste management facilities.

II. Agency Action. ERG has prepared a final report on the results of the voluntary telephone survey and recently submitted that report to OSHA. Upon review, OSHA believes that the results of the survey may be of some use when it makes final decisions on the proposed standard for the accreditation of training programs for hazardous waste operations and on whether training for emergency response should be accredited. Accordingly, the Agency submitted this report to the public record and is granting the public an opportunity to review and comment on the report and survey results and its relevance to the proposed standard. OSHA is not reopening the record for any other purposes.

III. Public Participation. Interested persons are invited to submit written data, views, and arguments with respect to this report and survey. These comments must be postmarked by (insert date 45 days after date of publication in the FEDERAL REGISTER) and submitted in quadruplicate to the Docket Officer, Docket No. S-760-B, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210, telephone (202) 523-7894. The report is available for inspection and copying in the Docket Office. In addition, to facilitate public comment, OSHA will mail copies of the report to parties who request a copy by mail, phone, or telefacsimile (FAX) from the Docket Office. Since the report itself is too long to send via FAX, OSHA will be unable to honor any request to FAX copies of the report. Comments limited to 10 pages or less also may be transmitted by FAX to (202) 523-5046 or (for FTS) 8-523-5046 by the date specified, provided the original and 3 copies are sent to the Docket Officer within three days thereafter. There is no need to resubmit comments already submitted.

Written submissions must clearly identify the findings of the report which are addressed and the position taken with respect to each finding. The data, views, and arguments that are submitted will be available for public inspection and copying at the above address. All timely written submissions will be made a part of the record of the proceeding.

AUTHORITY: This document was prepared under the direction of Dorothy L. Strunk, Acting Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington D.C. 20210.

It is issued pursuant to sections 6 and 8 of the Occupational Safety and Health Act of 1970, Public Law 91-596, (29 U.S.C. 655, 657), the Superfund Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655, note), Section 4 of the Administrative Procedures Act (5 U.S.C. 553), 29 CFR Part 1911 and Secretary of Labor's Order No. 1-90 (55 FR 9033) as applicable.

Signed at Washington, DC this 3rd day of February, 1992.

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Dorothy L. Strunk Acting Assistant Secretary of Labor