CHAPTER 6

 

EMPLOYEE RIGHT-TO-KNOW, EMPLOYEE TRAINING, AND TRAINING RECORDS

 

The US Department of Transportation, the Occupational Safety and Health Administration, and the US Environmental Protection Agency each have issued regulations that require the training of employees who work with or handle hazardous materials.  The US EPA’s primary mission is the protection of the environment and the general public. OSHA’s role is the safety of the worker in the workplace.  The US DOT’s objective is the protection of the worker, the emergency responder, and the general public against injury from hazardous materials during their transportation in commerce.  The regulatory training requirements overlap in some instances; and in these situations, each governmental entity recognizes the training done to satisfy the others’ regulations, where it is applicable.  

The Ordinance establishes a number of specific training requirements, and refers to various regulations for others.  This Chapter begins with the specific Ordinance requirements, and continues with the regulatory requirements.

 

A.  ORDINANCE  REQUIREMENTS  FOR  EMPLOYEE  TRAINING

33-18.16A.12; 33-18.16B.4; 33-16C.1B.4; 33-31.1B

 

All employees must be trained by the employer (or permit applicant, as applicable) if the employee will be working at a permitted long term or short term storage facility.   The employee training must include, at a minimum, the content of the emergency response plan, safety procedures to be utilized in the event of a release or threatened release of a hazardous material, and other workplace safety training as required by OSHA, U.S. DOT and U.S. EPA. 

 

Long Term Storage Facilities, 33‑18.16A.12: 

 

For long term storage facilities, the employee must be trained annually and by refresher courses by the employer.   Training shall at least include:

  • the safety procedures to be utilized in the event of a release or threatened release of a hazardous material;

  • the content and familiarity with the ERP;

  • the technical and managerial responsibilities of each employee;

  • training which is in compliance with the Hazard Communication Standard (29 CFR 1910.1200); and

  • all process and workplace safety programs required by OSHA for the workplace hazards specific to the permitted facility.

The Ordinance also specifies that all hazmat employees handling non‑waste hazardous materials or substances receive training which complies with 49 CFR 172 Subpart H (172.700-172.704); and that those hazmat employees engaged in hazardous waste operations and/or emergency response must comply with the training requirements specified in 29 CFR 1910.120 for such hazardous waste operations and emergency response tasks.

 

Short Term Facilities, 33-18.16B.4:

 

All employees shall be trained by the permit applicant if the   employee will be working at the permitted short term storage facility.  For short term facilities the hazmat employee training shall at least include:

  • training in accordance with 49 CFR Part 172 Subpart H (172.700 -172.704) and 49 CFR Part 177.800. 

  • safety training as required under 29 CFR 1910.1200, including but not limited to, hazard communication and emergency response training.

  • each hazmat employee who will operate a motor vehicle must be trained in the applicable requirements of 49 CFR Parts 390 through 397 and the procedures necessary for the safe operation of that motor vehicle.

Additionally for short term storage facilities, the Ordinance at 33-18.16B.3 refers to the equipment and facilities used for loading, transporting and handling hazardous materials, including but not limited to, dock plates, pallet jacks, fork trucks, lifts, hoist or other material handling devices.  The Ordinance requires that such equipment be maintained in proper working condition at all times; and that routine inspection and certification programs (as required by OSHA for such equipment and facilities) be developed and maintained as part of the facilities operating records.  

[Note to Guidance Manual users: Consider especially the training requirements of 1910.66 -- Powered Platforms, Manlifts, etc.;  1910.94 -- Personal Protection; 1910.110 -- Storage and Handling of Liquified Petroleum Gases; 1910.134 -- Respiratory Protection; 1910.147 -- Lockout-Tagout; 1910.151 -- Medical Services and First Aid; 1910.155 -- Fire Protection and fire Brigades; 1910.157 – Portable Fire Extinguishers;  and 1910.178 -- Powered Industrial Trucks.]

The Ordinance also establishes requirements for short term storage facilities that imply training requirements.

  • All vehicles loading or unloading at short term storage facilities must be placarded in conformance with 49 CFR 172, Subpart F and 49 CFR 177.817.

  • All packaging used for shipment, handling storage, etc. of hazardous materials must meet the certification standards in 49 CFR 173; and be labeled in conformance with 49 CFR 172, Subpart E.

  • All vehicles engaged in the transportation of hazardous materials must have proper shipping papers as required under 49 CFR 172, Subpart C.

  • The facility must establish and implement a written emergency response plan that includes plans and procedures the facility will use in the event of a reportable release of hazardous material; procedures for mitigating the potential harm of such a release to persons, property or the environment; and alarms and evacuation procedures for persons at the short term storage facility.

All short term storage facilities must create and maintain employee training records in accordance with applicable state and federal  requirements. All such employee training records shall be made available for inspection if requested by the Fire Department.

Temporary Storage Facilities, 33-16.C.1B:  Employees shall be trained according to the requirements in §33-18.16A.12:

Vehicles Used In Hazardous Materials Transportation, 33-31.1B:   All drivers engaged in the operation of vehicles used to transport hazardous materials shall be trained in accordance with the standards set forth in 49 CFR Part 177.800 and 49 CFR Parts 390-397.

 

B.  REGULATORY REQUIREMENTS  FOR  EMPLOYEE  TRAINING

 

DOT Regulations: 

 

The Ordinance training requirements refer repeatedly to DOT’s rules for training “hazmat employees”.   49 CFR, Part 172, Subpart H (172.700-172.704), prescribes requirements for training hazmat employees.  It specifies that training must include general awareness/familiarization training, function‑specific training, and safety training.  It requires that hazmat employee receive initial training, and receive retraining at least once every three years.

The Ordinance also incorporates, in certain cases, the requirements of 49 CFR 177.800; 49 CFR 177.816 for driver training; 49 CFR Parts 390-397 for motor vehicle operator training; 49 CFR 172, Subpart F for vehicle placarding; 49 CFR 172, Subpart C and 49 CFR 177.817 for shipping papers; the packaging standards in 49 CFR 173; and labeling per 49 CFR 172, Subpart E. 

49 CFR 172.700  prescribes training for hazmat employees to ensure a hazmat employee has familiarity with the general provisions of this subchapter (Subchapter C); 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 Sec. 172.704).  Modal-specific training requirements for the individual modes of transportation are prescribed in parts 174 ( Rail), 175 (Aircraft), 176 (Vessel), and 177 (Public Highway) of Subchapter C.

49 CFR 172.701 The training referenced in Sec. 172.700 prescribes minimum training requirements for the transportation of hazardous materials.  For motor vehicle drivers, however, a State may impose more stringent training requirements if those requirements do not conflict with the DOT training requirements, but may apply only to drivers domiciled in that State.

49 CFR 172.702  A hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements prescribed in 49 CFR, Part 172, Subpart H.   A hazmat employee who performs any function subject to the requirements of this subchapter (Subchapter C) may not perform that function unless instructed in the requirements of this subchapter that apply to that function.  The employer must comply with the applicable requirements of this subchapter and must thoroughly instruct each hazmat employee in relation thereto.  The training may be provided either by the hazmat employer or by other public or private sources.   The hazmat employer shall ensure that each of its hazmat employees is tested by appropriate means on the training subjects covered in Sec. 172.704.

49 CFR 172.704  Hazmat employee training must include general awareness/familiarization training, function-specific training, and safety training.

General awareness/familiarization training is designed to provide familiarity with the requirements of 49 CFR, Subchapter C, Hazardous Materials Regulations,  and to enable the employee to recognize and identify hazardous materials consistent with the subchapter’s hazard communication standards. 

Function-specific training concerns requirements which are specifically applicable to the functions the employee performs. 

Safety training includes emergency response information as required by 49 CFR 172, Subpart G (600-606); measures to protect the employee from the hazards associated with hazardous materials in the work place; and methods and procedures for avoiding accidents.

Initial and Recurrent Training - A new hazmat employee, or a hazmat employee who changes job functions, may perform the new job functions prior to the completion of training only if the employee performs those functions under the direct supervision of a properly trained and knowledgeable hazmat employee; and the training is completed within 90 days after employment or a change in job function.

A hazmat employee shall receive the training required by this subpart at least once every three years.

Each hazmat employer is responsible for compliance with the requirements of 49 CFR, Subchapter C, regardless of whether the required training has been completed.

A record of current training, inclusive of the preceding three years, must 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 the hazmat employee's name; the most recent training completion date of the hazmat employee's training; a description, copy, or the location of the training materials used to meet the requirements; the name and address of the person providing the training; and certification that the hazmat employee has been trained and tested, as required.

49 CFR 177.800  Scope.  This section describes the purpose and scope of Part 177 (Carriage by Public Highway), and responsibility for compliance and training.  It prescribes  requirements, in addition to those contained in Parts 171, 172, 173, 178 and 180, that are applicable to the acceptance and transportation of hazardous materials by private, common, or contract carriers by motor vehicle.

Each carrier must perform the duties specified and comply with all applicable requirements in Part 177, and shall ensure its hazmat employees receive related training.  A carrier may not transport a hazardous material by motor vehicle unless each of its hazmat employees involved in that transportation is trained as required by Part 177, and of Part 172, Subpart H.

49 CFR 177.816  Driver training.  In addition to the training requirements of Sec. 177.800, no carrier may transport a hazardous material unless each hazmat employee who will operate a motor vehicle has been trained in the applicable requirements of 49 CFR parts 390 through 397 and the procedures necessary for the safe operation of that motor vehicle.

Driver training shall include at a minimum such subjects as pre‑trip safety inspection; use of vehicle controls and equipment, including operation of emergency equipment; operation of vehicle; procedures for maneuvering tunnels, bridges, and railroad crossings; requirements pertaining to attendance of vehicles, parking, smoking, routing, and incident reporting; and loading and unloading of materials, including compatibility and segregation of cargo in a mixed load, package handling methods, and load securement.

In addition, each person who operates a cargo tank or a vehicle with a portable tank with a capacity of 1,000 gallons or more must receive training per this Subchapter C, and have the appropriate State‑issued commercial driver's license required by 49 CFR part 383. Specialized training must include operation of emergency control features of the cargo tank or portable tank; special vehicle handling characteristics; loading and unloading procedures; the properties and hazards of the material transported; and retest and inspection requirements for cargo tanks.

Training must conform to the requirements of Section 172.704 with respect to frequency and recordkeeping.

49 CFR 177.817  Shipping papers.  A carrier may not transport a hazardous material unless it is accompanied by a shipping paper that is prepared in accordance with Sections 172.200, 172.201, 172.202, and 172.203.  An initial carrier may not accept a hazardous material offered for transportation unless the shipping paper describing the material includes a shipper's certification which meets the requirements in Sec. 172.204. 

49 CFR 172, Subparts C, D, E, & F provide detailed requirements for hazardous materials shipping papers, marking and labeling of packaging and for vehicle placarding.  The Guidance Manual user is referred to the Code of Federal Regulations, Title 49, Parts 100-185 for detailed regulatory requirements.  These CFRs are available on the internet at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html

49 CFR 173 includes hazardous materials classes and hazard class definitions, definitions for transportation purposes; requirements to be observed in preparing hazardous materials for shipment; and inspection, testing, and retesting responsibilities for persons who retest, recondition, maintain, repair and rebuild containers used or intended for use in the transportation of hazardous materials.

A shipment of hazardous materials must be prepared in accordance with 49 CFR 173 in order to be offered for transportation.  Each hazmat employer to ensure that each hazmat employee is trained in accordance with the requirements prescribed in 49 CFR 173.  Each person who offers hazardous materials for transportation must instruct each of his officers, agents, and employees having any responsibility for preparing hazardous materials for shipment as to applicable regulations in 49 CFR 173.

The packaging of hazardous materials for transportation must be as specified in 49 CFR 173.  The regulations setting forth packaging requirements for a specific material apply to all modes of transportation.

Methods of manufacture, packing, and storage of hazardous materials, that affect safety in transportation, must be open to inspection by a duly authorized representative of the initial carrier or of the Department of Transportation.  Methods of manufacture and related functions necessary for completion of a DOT specification or U.N. standard packaging must be open to inspection by a representative of the Department of Transportation.

Refer to the Code of Federal Regulations, Title 49, Part 173 for detailed regulatory requirements.  As noted above, the regulations can be accessed via the internet at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html

49 CFR Parts 390-397 provide an extensive body of motor carrier safety regulations.  Parts 391, 392, 395, and 397 detail, respectively, the qualifications of drivers, the driving of commercial motor vehicles, the hours of service for drivers, and driving and parking rules for the  transportation of hazardous materials. 

OSHA Regulations:  General.  The Ordinance requires the employer/facility operator to provide training which is in compliance with the Hazard Communication Standard (29 CFR 1910.1200); and with all process and workplace safety programs required by OSHA for workplace hazards at the permitted facility.

The emergency response aspects of 29 CFR 1910.38; 29 CFR 1910.132 -139;

29 CFR 1910.151; and 29 CFR 1910.165 were covered previously.  Each of these regulations has some training requirement, and that training must be incorporated into the employers’ training program.

Two other OSHA standards need more coverage -- 29 CFR 1910.1200 (Hazard Communication) and 29 CFR 1910.120 (the “hazwoper” regulation).  Both regulations have significant training requirements, where applicable, for employees dealing with hazardous materials. 

[Employers will find a useful summary of OSHA training requirements in all OSHA regulations in the publication “Training Requirements in OSHA standards and Training Guidelines”, OSHA 2254, 1998.   It can be obtained through any OSHA office, or at http://www.osha-slc.gov/OshDoc/Additional.html via the internet.]

 

HAZARD COMMUNICATIONS STANDARD

 

General Requirements.  29 CFR 1910.1200 (HCS or employee right-to-know) was first issued to cover the manufacturing sector of industry.  It has been expanded cover all industries where employees are exposed to HM.  The regulation takes the position that employees have both the need and the right to know  the hazards and identities of the chemicals they work with; and that an informed employee is much less likely to have an injury or illness from working with HM.  The HCS is designed to provide employees the information they need.  It requires that the hazards of chemicals produced or imported must be evaluated; the information on hazards must be communicated to employers and employees; and that the information transmittal to be accomplished by hazard communications programs, including container labeling and other forms of warning, material safety data sheets, and employee training.

Employer Responsibilities.  In general, the employer responsibilities are to identify and prepare list of hazardous chemicals in the workplace; to prepare a written hazard communications program; to label, mark or tag in-plant containers of hazardous materials with identity and appropriate hazard warnings; to obtain MSDSs for each hazardous material; to make MSDSs accessible to employees; and to provide employees information and training 

Training Requirements.  The information and training to be provided include

  • the location of hazardous chemicals in workplace;

  • the location of written hazard communications program and list of hazardous chemicals;

  • the location of MSDSs; how to detect the presence of a hazardous material in the workplace;

  • the physical and health hazards of hazardous materials in the workplace;

  • measures employees can take to protect themselves from hazards;

  • procedures employer has implemented to protect employees; and

  • details of the hazard communication developed by employer

Warehouses.  Employers whose employees only handle hazardous materials in sealed containers which are not opened under normal conditions of use (such as in marine cargo handling, warehousing, or retail sales),are required

  • to ensure that labels on incoming containers of  hazardous chemicals are not removed or defaced;

  • to maintain copies of any material safety data sheets that are received with incoming shipments of the sealed containers of  hazardous chemicals;

  • to obtain a material safety data sheet as soon as possible for sealed containers of hazardous chemicals received without a material safety data sheet if an employee requests the material safety data sheet;

  • to ensure that the material safety data sheets are readily accessible during each work shift to employees when they are in  their work area(s); and,

  • to ensure that employees are provided with information and training to the extent necessary to protect them in the event of a spill or leak of a  hazardous chemical from a sealed container.

Texas Hazard Communication Act:   The State of Texas has also enacted a Hazard Communications program, embodied in the Health and Safety Code, Chapter 502.  The regulations are essentially the same as for 1910.1200, but the Texas rules extend the coverage to employers who are not required to comply with the OSHA standard, the Federal Coal Mine Health and Safety Act of 1969 (Pub. L. No. 91-173), or the Federal Mine Safety and Health Amendments Act of 1977 (Pub. L. No. 95-164).

The Texas Health and Safety Code, Chapter 502 can be accessed at http://capitol.tlc.state.tx.us/statutes/hstoc.html via the internet.  The Texas Community Right-To-Know Chapters (505, 506, 507) can be accessed at the same location.

 

Emergency Response Training.

 

General.  In storage facility operations handling hazardous materials, it is the obvious intent of both employer and employee that containers remain intact and sealed.   The material storage and handling procedures and training are directed to this end.  Sometimes spills and releases occur.  A part of the employer's emergency response plan is directed to this situation.  The employee must be trained in how to respond to such an event.  Such training is required by DOT for "hazmat employees" and by OSHA's hazard communications (1910.1200) regulation.  The extent of training required for employees depend on the level of response expected of the employee.

HAZWOPER.  29 CFR 1910.120    OSHA's Hazardous Waste Operations and Emergency Response (hazwoper) regulation defines several levels of response, and the training required for each.  The lowest level of emergency responder to a hazardous materials release is designated “First Responder, Awareness”.  The role for this level of responder is to recognize a hazardous materials release; to  take measures to protect him/herself, and others if possible; and to report the incident.

First Responder, Awareness Training:  This responder must understand what hazardous substances are; understand potential outcomes associated with releases; be able to recognize hazardous substances in an emergency; be able to identify hazardous substances, if possible; understand role of 1st responder awareness in employer’s procedures; understand site security & control; understand how to use the North American Emergency Response Guidebook; and be able to understand need for help and how to report incident.  Annual refresher training is required.

This training requirement is similar to the training specified for “hazmat employees” in 49 CFR 172, Subpart H – being able to recognize and identify hazardous materials;  having knowledge of specific requirements of hazardous materials regulations applicable to functions performed by the employee; and having knowledge of emergency response information, self‑protection measures and accident prevention methods and procedures.

First Responder, Operations Training:  The next level of emergency response to a hazardous materials release is designated “First Responder, Operations”.  This responder is a part of the initial response to release or potential release.  The responder’s role is to protect persons, property, the environment from release; to respond in a defensive fashion; and to contain release from a safe distance. 

The responder must be competent at the “first responder, awareness” level and have at least 8 hrs additional training in basic hazard risk assessment techniques; how to select and use personal protective equipment provided; and understanding basic hazardous materials terms.  The responder must know how to perform basic control, containment and/or confinement within capabilities of the equipment available; know how to implement basic decontamination; and understand relevant operating and termination procedures.  Annual refresher training is required.

Hazardous Materials Technician Training: The third level of emergency response to a hazardous materials release is designated as “Hazardous Materials Technician”.  This responder’s role is to respond to a release or potential release for purpose of stopping release.  The responder will assume more aggressive role, that is approach point of release to plug, patch or otherwise stop the release of hazardous material. 

The training required is usually interpreted as an additional 16-24 hours beyond that of First Responder, Operations.  The responder must be able to use the employer's ER plan; to use field survey instruments to classify and identify the hazardous material; to function is assigned role in Incident Command System; to use specialized PPE; to employ hazard & risk assessment techniques; to conduct advanced control, containment and/or confinement; to understand & implement decontamination procedures; to understand termination procedures; and to understand basic chemical and toxicological terminology and behavior.  Annual refresher training is required.

Hazmat Employees are NOT Advanced Responders:  The responses required from a  First Responder, Operations or from a  Hazardous Materials Technician are well beyond that generally required for a “hazmat employee”.  If a “hazmat employer” intends that his/her employees respond to contain and/or clean up a hazardous materials spill, then the employer must train his/her employees in accordance with 29 CFR 1910.120. 

 

C.  RECORD-KEEPING REQUIREMENTS

 

Ordinance: The Ordinance requires that storage facilities establish/maintain records of employee training; establish/maintain check sheets or logs to be used in conjunction with routine inspections, and make such inspection records available to the Fire Department ; carry out routine inspection and certification programs for equipment and facilities used for loading, transporting and handling hazardous materials, maintain these inspections and certifications as part of the facility operating records, and  make such records available for inspection at all times; and maintain a record of all “recordable unauthorized discharges”, including the permittee's handling of the discharge event.

33-18.16A.12 requires that all employees be trained annually and by refresher courses by the permit applicant if the employee will be working at a permitted long term or short term storage facility.  The requirement for record keeping is incorporated through the requirement to comply with  49 CFR 172.704.

33-18.16B.4 requires that all short term storage facilities must create and maintain employee training records in accordance with applicable state and federal   requirements. All such employee training records shall be made available for inspection if requested by the Fire Department.

33-18.16A.9 requires that the HMMP for long term storage facilities incorporate an inspection check sheet or log designed to be used in conjunction with routine inspections.   The check sheet or log must provide for the recording of the date and time of inspection and for monitoring activity, the date and time of any corrective action taken, the name of the inspector, and the countersignature of the designated safety manager for the facility, or the responsible official as designated in the HMMP.

33-18.16A.14 requires that the responsible permittee inspect all long term storage facilities regularly and maintain logs of such inspection for not less than three (3) years.  The permittee must make the inspection records available to the Fire Department during normal working hours and upon reasonable notice.

33-18.16B.3 requires that all short term storage have routine inspection and certification programs as required by the OSHA for equipment and facilities used for loading, transporting and handling hazardous materials, including but not limited to, dock plates, pallet jacks, fork trucks, lifts, hoist or other material handling devices to be sure they are maintained in proper working condition at all times.  33-18.16B.3 also requires that records of such routine inspections and certifications shall be developed and maintained as part of the facilities operating records and be available for inspection at all times.

33-18.16C.1 requires that temporary storage facilities maintain permittee inspection logs according to §33‑18.16A.14 (long term storage facilities).

33-19.2 requires that for “recordable unauthorized discharges” from primary containment the permittee must contain, recover and safely dispose of the discharged material in an appropriate manner; and must record the response in the permittee's monitoring records.

DOT:  49 CFR 172, Subpart H requires that the employer create and retain a current training record for each hazmat employee, inclusive of the preceding three years, for as long as that employee is employed, and for 90 days thereafter.  The record must include the hazmat employee's name; the most recent training completion date of the hazmat employee's training; a description, copy, or the location of the training materials used to meet the requirements; the name and address of the person providing the training; and certification that the hazmat employee has been trained and tested, as required.

OSHA:  Many OSHA regulations require employee training, sometimes including the requirement that the employee be tested to demonstrate that the training has been effective. 

For example, 1910.132 requires that the employer provide training to each employee who is required to use personal protective equipment (PPE).  The employee must demonstrate understanding, and must be able to use PPE properly.  When the employer has reason to believe that the trained employee does not have the required understanding and skill, the employer must retrain the employee.  The employer must verify and certify in writing that each affected employee has received and understood the training.  The certification must contain the name of each employee trained, the date(s) of training, and the the subject of the training. 

In view of such requirements it behooves the employer to keep detailed training records on each employee.  Many employers keep such records indefinitely.