February 29, 2024

Mr. A. Mark Sienkiewicz
President
Prism Alaska LLC
1120 Huffman Road, Suite 24-302
Anchorage, AK 99515

Dear Mr. Sienkiewicz:

Thank you for your letter to the Department of Labor's Occupational Safety and Health Administration (OSHA). Your letter was forwarded to the Directorate of Enforcement Programs for a response to your questions about the training requirements in OSHA's Hazardous Waste Operations and Emergency Response (HAZWOPER) standard, 29 CFR § 1910.120. This letter constitutes OSHA's interpretation only of the requirements herein and may not be applicable to any questions not delineated within your original correspondence. Your questions have been paraphrased, followed by our responses.

Background: In a follow-up e-mail to my staff, you stated that you are an independent contractor with 40 years of experience in oil spill response, including training, and that your duties include advising petroleum exploration companies on HAZWOPER training requirements and designing HAZWOPER training programs. You also stated that your HAZWOPER training-related questions apply to personnel in all types of emergency response organizations that provide emergency response for marine, inland water, or land-based emergencies. Specifically, you are interested in clarification of HAZWOPER training requirements, as they apply to On Scene Incident Commanders and other positions in the Incident Command System (ICS), and whether previous non-HAZWOPER training can be credited toward training required by HAZWOPER for Incident Commanders.

Question 1: Is it OSHA's intent that Incident Commanders be 24-hour HAZWOPER trained, irrespective of their actual working location during an incident, e.g., if they are located off-scene, outside of the contaminated area or far from the incident, and are never actually exposed to the site hazards?

Response: OSHA's HAZWOPER standard does not vary the required training for Incident Commanders according to their working location, i.e., whether an Incident Commander is positioned within or outside the contamination area during the emergency response. Rather, the standard requires that On Scene Incident Commanders who will assume control of the incident scene beyond the first responder awareness level must receive at least 24 hours of training equal to the first responder operations level per the training requirements at 29 CFR § 1910.120(q)(6)(v), and, in addition, have competency in the areas identified at §§ 1910.120(q)(6)(v)(A)-(F).

Incident Commanders require more extensive training in general matters, plus extensive training in command and management because they must oversee and manage the response to an incident. See OSHA's response to Mr. Joe H. Boothe, dated December 24, 1991 on the minimum training required by HAZWOPER for an On Scene Incident Commander.

Question 2: Please provide more clarity on training for Supervisors/Managers and Incident Command System (ICS) Group Supervisors and guidance on how to distinguish which personnel supporting an off-scene National Incident Management System (NIMS) ICS command structure are required to undergo 24-hour HAZWOPER Training.

Response: Employees who are expected to respond in the event of an emergency resulting from the release of a hazardous substance must meet the requirements outlined in 29 CFR § 1910.120(q)(5) or (q)(6). These paragraphs describe training requirements for specialist employees as well as for five distinct levels of emergency response based on the workers' activities and responsibilities. According to § 1910.120(q)(6), training must be based on the duties and function to be performed by each responder of an emergency response organization. It is ultimately the responsibility of the employer to determine and then provide the requisite number of hours of training for its employees in each of the response positions, based upon the work activity that the employees will perform, the level of responsibility, and whether the employees will engage in defensive (e.g., at the First Responder Operations Level) or offensive/aggressive (e.g., at the Hazardous Materials Technician Level) actions during the response. Also, the training hours suggested in the standard are minimums. OSHA often finds that trainers developing training programs must go over the minimum 8, 24, or 40 hours to properly instruct employees on all required subjects and include hands-on training for equipment. Please refer to OSHA's letter to Mr. Ron Snyder, dated July 25, 2007, for additional helpful details.

Question 3: Can previous non-HAZWOPER-specific training be counted as credit toward the 24-hour HAZWOPER training requirement for Incident Commanders, if all required training elements and competencies specified by the OSHA HAZWOPER Standard are achieved?

Response: As stated above, training of Incident Commanders must meet the requirements identified in the HAZWOPER standard at 29 CFR § 1910.120(q)(6)(v). Previous education and experience may count toward some of the training requirements. However, for Incident Commanders, the employer must certify competency in several areas specific to that employer and worksite. Consequently, past training and experience alone may not be sufficient to meet all requirements. OSHA's letter to David L. Barber, dated April 6, 1995, expands upon the use of other courses to aid in meeting the HAZWOPER-required training requirements. In addition, refresher training or renewed demonstration of competency is required annually for all responders. OSHA's letter to Mr. Willard R. Kleckner, dated August 20, 1991, provides further clarification on using previously documented educational and professional experience to count toward some of the training required to qualify as an On Scene Incident Commander.

Additionally, in your follow-up explanation to my staff regarding this question, you have noted that non-HAZWOPER training courses, such as ICS 300, are typically instructor-led courses, but they may also be computer-based training. It is OSHA's position that use of computer-based training by itself is not sufficient to meet the intent of the HAZWOPER standard's various training requirements because it is essential that the trainees have hands-on experience and exercises to provide an opportunity to become familiar with equipment and safe practices in a non-hazardous setting. The purpose of hands-on training (e.g., donning and doffing of protective equipment, using air monitoring equipment) is two-fold: first, to ensure that workers have an opportunity to learn by practical experience and second, to assess whether workers have mastered the necessary skills. Please consult OSHA's compliance directive, CPL 02-02-071, at pages 29-30 and letters to Ms. Jackie H. Ward, dated November 22, 1994, and to Mr. Brett Postelli, dated April 23, 2021, for related details. You may also find it useful to review the Frequently Asked Questions for HAZWOPER training at: https://www.osha.gov/training/faq.

Question 4: Does OSHA agree that if all other required training topics and competencies are completed (e.g., an additional 8 hours of specific training or instruction to cover the specific HAZWOPER elements and competencies), then together, the requirement for 24-hour HAZWOPER training has been met?

Response: Please refer to the answer for question 3 above.

Thank you for your interest in occupational safety and health. I hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or when changes in technology affect the interpretation. To ensure that you are using the correct information and guidance, please consult OSHA's website at https://www.osha.gov. If you have further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.

Sincerely,

Kimberly A. Stille, Director
Directorate of Enforcement Programs