EMPLOYEE R-T-K, EMPLOYEE TRAINING, AND TRAINING RECORDS

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1 EMPLOYEE R-T-K, EMPLOYEE TRAINING, AND TRAINING RECORDS DOT, OSHA, and EPA each require training of employees who work with or handle hazardous materials. EPA s MISSION: protection of the environment and general public. OSHA s ROLE: safety of the worker in the workplace. DOT s OBJECTIVE: protection of worker, the emergency responder, and the general public against injury from hazardous materials during their transportation in commerce. LAREDO s HM ORDINANCE establishes specific training requirements, and refers to various regulations for others. GM LP # 6 OH # 1

2 ORDINANCE REQUIREMENTS FOR EMPLOYEE TRAINING Employees must be trained by employer (or permit applicant) if employee works at LTSF or STSF Employee training must include, at a minimum, content of the ER Plan, safety procedures to be utilized in the event of a release of HM, and other workplace safety training as required by OSHA, DOT and EPA. GM LP # 6 OH # 2

3 LONG TERM STORAGE FACILITIES A.12 Employee must be trained annually & by refresher courses by employer. Training shall at least include: the safety procedures in event of release or threatened release of HM; the content and familiarity with the ERP; the technical and managerial responsibilities of each employee; training which is in compliance with the HCA ( ); and all process & workplace safety programs required by OSHA for workplace hazards Hazmat employees handling non-waste HM or hazardous substances receive training per 172 Subpart H Hazmat employees engaged in hazardous waste operations and emergency response must comply with training requirements in GM LP # 6 OH # 3

4 SHORT TERM FACILITIES BASE REQUIREMENTS Employees at STSF trained by permit applicant. STSF hazmat employee training must include: training per 172 Subpart H ( ) and safety training required under , including hazcom & ER training. hazmat employees who operate a motor vehicle must be trained in applicable requirements of 49 CFR Parts , and procedures needed for safe operation of motor vehicle. GM LP # 6 OH # 4

5 SHORT TERM FACILITIES ADDITIONAL REQUIREMENTS Ordinance requires(at B.3) that HM loading, transporting & handling equipment and facilities, such as: dock plates lifts pallet jacks hoist fork trucks other material handling devices be maintained in proper working condition have programs for routine inspection and certification developed & maintained (per OSHA) have inspections & certifications maintained as part of facilities operating records. [Note to Guidance Manual users: Consider especially the training requirements of Powered Platforms, Manlifts, etc.; Personal Protection; Storage and Handling of Liquified Petroleum Gases; Respiratory Protection; Lockout-Tagout; Medical Services and First Aid; Fire Protection and fire Brigades; Portable Fire Extinguishers; and Powered Industrial Trucks.] GM LP # 6 OH # 5

6 SHORT TERM FACILITIES IMPLIED REQUIREMENTS Some Ordinance requirements imply training requirements: vehicles loading/unloading at STSF must be placarded per 172, Subpart F and packaging used for HM shipment, handling, storage, etc. must meet Part 173 standards packaging must be labeled per 172, Subpart E. vehicles transporting HM must have proper shipping papers per 172, Subpart C. facility must establish and implement a written ERP that includes plans handling releases; mitigating spill damage; and alarms and evacuation procedures GM LP # 6 OH # 6

7 SHORT TERM FACILITIES EMPLOYEE TRAINING RECORDS Short term storage facilities must create and maintain employee training records keep records in accordance with applicable state and federal requirements. make employee training records available for inspection, if requested by LFD GM LP # 6 OH # 7

8 TRAINING, CONTINUED Temporary Storage Facilities: Employees must be trained according to requirements in A.12 (LTSF) Vehicles Used In HM Transportation: Drivers operating vehicles used to transport HM must be trained Part and Parts GM LP # 6 OH # 8

9 REGULATORY REQUIREMENTS FOR EMPLOYEE TRAINING What DOT Training Requirements Does Ordinance Specify? Ordinance specifies DOT s Part 172, Subpart H for hazmat employees Ordinance also incorporates, in certain cases, the requirements of 49 CFR for driver training 49 CFR for driver training; 49 CFR for motor vehicle operators ; 49 CFR 172, Subpart F for vehicle placarding; 49 CFR 172, Subpart C for shipping papers; 49 CFR for shipping papers; 49 CFR 173 for packaging standards; and 49 CFR 172, Subpart E for labeling. GM LP # 6 OH # 9

10 MORE ON TRAINING REQUIREMENTS 49 CFR General Requirement requires training to ensure hazmat employee has familiarity with provisions of Subchapter C; is able to recognize and identify HMs; has knowledge of specific requirements for functions performed by employee has knowledge of ER information and self-protection & accident prevention measures Modal-specific training requirements are prescribed in parts 174 ( Rail), 175 (Aircraft), 176 (Vessel), 177 (Public Highway) GM LP # 6 OH # 10

11 49 CFR State Prerogatives prescribes the minimum training requirements for transportation of HM. A State may impose more stringent training requirements for motor vehicle drivers only for those domiciled in that State may not conflict with DOT training requirements GM LP # 6 OH # 11

12 49 CFR Employer Requirements Hazmat employer shall ensure each hazmat employee is trained in per Part 172, Subpart H. ensure no hazmat employee performs any function subject to requirements of Subchapter C unless instructed in requirements that apply to that function. comply with applicable requirements of this subchapter must instruct each hazmat employee in applicable subchapter requirements Training may be provided either by hazmat employer, or by other public or private sources Hazmat employer shall ensure each hazmat employees is tested on training subjects in GM LP # 6 OH # 12

13 49 CFR Training Requirements Hazmat employee training must include: General awareness/familiarization training familiarity with requirements of Hazardous Materials Regulations, enable the employee to recognize and identify HMs Function-specific training requirements specifically applicable to functions employee performs. Safety training includes ER information as required by 172, Subpart G; measures to protect employee from HM hazards in work place; methods and procedures for avoiding accidents. Initial and Recurrent Training Train new hazmat employee, or hazmat employee with new job functions, within 90 days Employee may not perform new job functions prior to training, unless employee performs functions under the direct supervision of a properly trained and knowledgeable hazmat employee Hazmat employee shall receive required training at least once every three years. Hazmat employer must comply with 49 CFR, Subchapter C, regardless of whether required training has been completed. GM LP # 6 OH # 13

14 49 CFR Training Records Hazmat employer must maintain training record, including preceding 3 years, for as long as that employee is employed by that employer as a hazmat employee and for 90 days thereafter. The record shall include hazmat employee's name; most recent training completion date of employee's training; description, copy, or the location of the training materials used; name and address of the person providing training; certification that hazmat employee has been trained and tested. GM LP # 6 OH # 14

15 Part 177 Carriage by Public Highway 49 CFR Scope describes purpose & scope of Part 177, and responsibility for compliance and training. prescribes additional requirements transportation of HM by motor vehicle. carrier must perform duties specified and comply with applicable requirements in Part 177 carrier must ensure its hazmat employees receive related training carrier may not transport a HM by motor vehicle unless each hazmat employees involved in transportation is trained as required by Part 177, and Part 172, Subpart H. Part 177 supplements requirements in Parts 171, 172, 173, 178 and 180 GM LP # 6 OH # 15

16 49 CFR Driver Training In addition training requirements of Sec , carrier may not transport HM unless each hazmat employee operating a motor vehicle has been trained in the applicable requirements of 49 CFR Parts procedures necessary for safe operation of motor vehicle. Driver training includes, at a minimum, such subjects as pre-trip safety inspection use of vehicle controls and equipment operation of emergency equipment operation of vehicle procedures for maneuvering tunnels, bridges, and railroad crossings requirements pertaining to attendance of vehicles, parking, smoking, routing incident reporting loading and unloading of materials compatibility and segregation of cargo in a mixed load package handling methods load securement Each person who operates cargo tank or vehicle with portable tank with capacity =/> 1,000 gallons must receive required specialized training, must have appropriate State-issued commercial driver's license. Training frequency and recordkeeping meet GM LP # 6 OH # 16

17 49 CFR Shipping Papers carrier may not transport a HM unless it is accompanied by a shipping paper shipping paper prepared per initial carrier may not accept a HM unless shipping paper includes shipper's certification in Sec CFR 172, Subparts C, D, E, & F Provide detailed requirements for HM shipping papers, marking and labeling of packaging vehicle placarding. GM LP # 6 OH # 17

18 Includes 49 CFR 173 HM classes and hazard class definitions, definitions for transportation purposes; requirements to be observed in preparing HMs 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 HM A shipment of HM must be prepared per 49 CFR 173 to be offered for transportation. Hazmat employer must ensure each hazmat employee is trained per 49 CFR 173. Person who offers HMs for transportation must instruct each of his officers, agents, and employees having any responsibility for preparing HMs for shipment as to applicable regulations in 49 CFR 173. GM LP # 6 OH # 18

19 49 CFR PARTS Provide an extensive body of motor carrier safety regulations. Part 391 QUALIFICATIONS OF DRIVERS Part 392 DRIVING OF COMMERCIAL MOTOR VEHICLES Part 395 HOURS OF SERVICE FOR DRIVERS Part 397 DRIVING AND PARKING RULES FOR TRANSPORTATION OF HM GM LP # 6 OH # 19

20 OSHA REGULATIONS - GENERAL Ordinance requires employer/facility operator to provide training in compliance with: Hazard Communication Standard (29 CFR ); OSHA required process and workplace safety programs for workplace hazards at permitted facility. ER aspects of ; ; ; and have been covered. Each has a training requirement that must be incorporated into the employers training program. Two not yet covered: 29 CFR (Hazard Communication) 29 CFR (the hazwoper regulation). Both have significant training requirements for employees dealing with HM. Resource: Training Requirements in OSHA standards and Training Guidelines, OSHA 2254, GM LP # 6 OH # 20

21 HAZARD COMMUNICATIONS STANDARD General Requirements takes the position that employees have need and right to know hazards and identities of chemicals they work with an informed employee much less likely to have an injury or illness from working with HM HCS requires that hazards of produced or imported chemicals be evaluated information on hazards be communicated to employers and employees the information be transmitted by hazard communications programs, including container labeling and other forms of warning, MSDSs, and employee training. Employer Responsibilities. General employer responsibilities are to identify and prepare list of hazardous chemicals in workplace; to prepare written hazard communications program; to label, mark or tag in-plant containers of HMs with identity and appropriate hazard warnings; to obtain MSDS for each HM; to make MSDSs accessible to employees; and to provide employees information and training GM LP # 6 OH # 21

22 GENERAL HCS TRAINING REQUIREMENTS The information and training to be provided include location of hazardous chemicals in workplace; location of written HC program and list of hazardous chemicals; location of MSDSs; how to detect the presence of a HM in the workplace; physical and health hazards of HMs 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 program developed by employer. GM LP # 6 OH # 22

23 REQUIREMENTS FOR WAREHOUSES Employers whose employees only handle hazardous materials in sealed containers (such as in marine cargo handling, warehousing, or retail sales) must ensure labels on incoming containers of hazardous chemicals not removed or defaced; maintain copies of any MSDSs received with incoming shipments; obtain a MSDS as soon as possible for sealed containers of hazardous chemicals received without a MSDS if an employee requests it; ensure MSDSs are readily accessible to employees when in their work area(s); and ensure employees are provided information and training necessary to protect them in event of a spill or leak of a hazardous chemical from a sealed container. GM LP # 6 OH # 23

24 TEXAS HAZARD COMMUNICATION ACT Texas enacted a Hazard Communications program Health and Safety Code, Chapter 502. essentially the same as for extend the coverage to employers who are not required to comply with the OSHA standard GM LP # 6 OH # 24

25 EMERGENCY RESPONSE TRAINING General. In storage facility operations handling HMs, containers usually remain intact & sealed. If spills and releases occur, employer's ER plan is activated. Employee must be trained how to respond (DOT and OSHA's ) Extent of employee training depends on response expected of employee GM LP # 6 OH # 25

26 EMERGENCY RESPONSE TRAINING HAZWOPER 29 CFR defines several levels of response, and the training required for each lowest level responder to HM release is First Responder, Awareness responder role for this level is recognize a HM release take measures to protect self protect others if possible 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 understand site security & control understand how to use the NAERG be able to understand need for help know how to report incident. Annual refresher training is required. GM LP # 6 OH # 26

27 EMERGENCY RESPONSE TRAINING-2 First Responder, Operations 2 nd level of ER to a HM release Responder is part of initial response to release Responder s role is to protect persons, property, the environment to respond in a defensive fashion to contain release from a safe distance Responder must have at least 8 hrs additional training know basic hazard risk assessment techniques; know how to select and use PPE provided; and understand basic hazardous materials terms. Responder must know how to perform basic control, containment and/or confinement; implement basic decontamination understand operating and termination procedures. Annual refresher training is required. GM LP # 6 OH # 27

28 EMERGENCY RESPONSE TRAINING-3 Hazardous Materials Technician Training: third level of ER to a HM release Technician. responder s role is more aggressive -- to stop release at point of release training required is 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 HM; 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. GM LP # 6 OH # 28

29 HAZMAT EMPLOYEES ARE NOT ADVANCED RESPONDERS Responses required from First Responder, Operations or from Hazardous Materials Technician are well beyond that generally required for a hazmat employee. If hazmat employer intends for employees to respond to contain and/or clean up a HM spill, employer must train employees per 29 CFR GM LP # 6 OH # 29

30 RECORD-KEEPING REQUIREMENTS Ordinance: requires storage facilities to establish and/or maintain records of employee training establish/maintain check sheets or logs for routine inspections & make available to LFD carry out routine inspection and certification programs for equipment and facilities used for loading, transporting and handling HM, maintain these inspections and certifications as part of the facility operating records, make such records available for inspection at all times; maintain a record of recordable unauthorized discharges, including permittee's response GM LP # 6 OH # 30

31 RECORDS DOT: 49 CFR 172, Subpart H requires that the employer retain current training record for each hazmat employee during emp;oyment +90 days record must include hazmat employee's name most recent training completion date description, copy, or the location of training materials used name and address of trainer certification that hazmat employee has been trained & tested GM LP # 6 OH # 31

32 RECORDS OSHA: Many OSHA regulations require employee training Some require that employee be tested to demonstrate training effectiveness Prudent employers keep detailed training records on each employee, indefinitely. GM LP # 6 OH # 32

33 QUESTIONS? GM LP # 6 OH # 33

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