This case involves a citation regarding the “grandfather training clause” found in both OSHA’s PSM and EPA’s RMP. I have never seen it cited before, but I take my hat off to the EPA inspector for peeling that onion!
Basically, this food facility had two (2) employees who had been hired in January and September 1996. The facility was unable to produce certification documentation for their operators (#1 hired date 1/27/1996 and #2 hired date 9/6/1996) that were hired prior to June 21, 1999. As pointed out in the citation, 40 C.F.R. ยง 68.71(a)(2), in lieu of initial training for those employees already involved in operating a process on June 21, 1999 an owner or operator 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. These two (2) employees had no such certification.
EPA representative inspected the Food facility on July 31, 2020. Based upon this inspection the facility is in violation of the following risk management program elements: