Who Must be Trained and How Often
The regulatory framework which identifies who must be trained may be circuitous, but must be complied with nevertheless. 40 CFR 265.16 and 40 CFR 264.16 require training for personnel at interim status and permitted hazardous waste management treatment, storage and disposal (TSD) facilities. Hazardous waste generators are instructed in 40 CFR 262.34(a)(4) to comply with the requirements of 40 CFR 265.16 which is included in Appendix C of this manual. Therefore, hazardous waste management training is required for personnel who work at facilities which fit into any of the following categories:
- Permitted hazardous waste TSD facilities,
- Interim status hazardous waste TSD facilities,
- Large quantity generators.
Persons who must be trained include those who are involved with or are occupationally exposed to hazardous waste. This may include (but is not limited to) persons who perform any of the following tasks:
- decide which wastes are hazardous waste,
- add hazardous waste into accumulation containers at accumulation points,
- remove hazardous waste from accumulation containers,
- transport hazardous waste to or from accumulation points,
- transport hazardous waste to or from storage units,
- respond to spills, fires or explosions involving hazardous waste,
- complete hazardous waste manifests, annual reports or exception reports,
- inspect hazardous waste accumulation points and storage facilities,
- operate or work at accumulation points,
- work at permitted or interim status TSD facilities,
- conduct any tasks involving occupational exposure to or which require management of hazardous waste.
The required training must be successfully completed by all of the personnel described above. For new personnel, training must be successfully completed within six months after assignment to the facility or to a new position at the facility, whichever is later. Until that time, untrained personnel must not perform any tasks involving hazardous waste management unless they are supervised by trained personnel. Facility personnel may be required to take part in an annual review of the entire training program.
The Hazardous Materials Manager will direct training of all applicable facility personnel in hazardous waste management procedures. Included in this training will be instruction in job specific hazardous waste management as well as contingency plan implementation.
Scope of Mandatory Training Requirements
There are two general components to the training requirements in 40 CFR 265.16; personnel must be trained:
- How to perform their duties in a way that ensures the facility’s compliance with the regulations; and
- How to respond to emergencies involving hazardous waste.
EPA regulations published in 40 CFR 265.16 regarding personnel training are presented in Appendix C of this manual (separate document, copies available from EH&S).
Training Required by Other Laws
Besides the required RCRA training, other laws and regulations require training for many of the same personnel who must receive RCRA training. For example, persons working at permitted TSD facilities as well as hazardous substance emergency response personnel are required to be trained in accordance with OSHA regulations published in 29 CFR 1910.120. Personnel who work in areas in which hazardous chemicals are present may be required to be trained in accordance with OSHA regulations published in 29 CFR 1910.1200 or in accordance with substance specific standards in 29 CFR 1910 Subpart Z. All employees who handle, prepare for shipment, load, unload or drive a vehicle hauling DOT hazardous materials must be trained in accordance with the DOT training requirements in 49 CFR 172.700-.704. These regulations require initial general awareness, function-specific and safety training as well as recurrent training every three years or when changes in the regulation occur. To ensure that Clemson University personnel meet all of the training requirements specified by environmental laws, the dean, director, department head or supervisor, with guidance from the Environmental Compliance Officer, should determine the necessary training required for associated employees.
Documentation and Training Records
The following documents and records must be maintained at Clemson University:
- The job title for each position at Clemson University related to hazardous waste management including the name of the employee filling the job.
- A written job description for each position listed including the requisite skill, education or other qualifications, and duties of personnel assigned to each position.
- A written description of the type and amount of introductory and continuing training that will be given to each person filling the listed position.
- Records documenting that the required training/job experience has been given to, and completed by applicable Clemson University personnel.
- Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred to a different department within the university.