…The HAZWOPER standard requires employers to provide training to employees who provide emergency response services during releases of hazardous substances, 29 CFR 1910.120(q)(6). The level of training the employer must provide depends on the role the employee will perform in a response. Employees must be trained to the first responder operations level if they will be part of the initial response for the purpose of protecting persons, property, or the environment from the effects of the hazardous substance release. Employees who respond for the purpose of actually stopping the release must be trained as hazardous materials technicians. Responders at the operations level must receive at least eight hours of training or have sufficient experience to objectively demonstrate certain competencies listed in the HAZWOPER standard. Hazardous materials technicians must receive at least 24 hours of training at the operations level and satisfy certain additional competencies listed in the standard.See 29 CFR 1910.120(q)(6)(ii) and 1910.120(q)(6)(iii). In addition, the HAZWOPER standard requires that operations and technician level employees “receive annual refresher training of sufficient content and duration to maintain their competencies, or shall demonstrate competency in those areas at least yearly.” 29 CFR 1910.120(q)(8). While OSHA does not test, approve, certify, or endorse any equipment, product, or procedure, including training courses, we have reviewed the course outline in your letter, and it appears that the training program you describe could be suitable refresher training for first responder operations level and hazardous materials (HAZMAT) technician personnel who are responsible for responding to agricultural emergencies if it is of sufficient content and duration to permit enrollees to maintain their required competencies. It is important to note that training required under 1910.120(q) is dependent upon the anticipated duties and functions of the responder. Training and competencies must be consistent with each employee’s anticipated role. For example, while the course topics you outlined could be suitable for operations level or HAZMAT technician refresher training, they may not provide proper refresher training for personnel assigned as incident commanders, i.e., individuals who assume control of the incident scene. Furthermore, an employee trained as a HAZMAT technician for responses to agricultural emergencies may not be adequately trained to respond to other types of emergencies, e.g., chemical releases or spills.
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