Daniels Training Services

Q&A: Is an Instructor Necessary for HazMat Employee and RCRA Training?

Q&A: Is an Instructor Necessary for HazMat Employee and RCRA Training?

An email from a past customer on 1.7.16:

Does self study training comply with EPA regulations? In other words can we have our people go through the materials on their own, take quizzes, etc and comply OR does someone here have to administer (classroom)?
What I have read is that the e-learning, classroom, etc. has to be “directed” by someone qualified. Does that mean that person has to give the classes or can we buy the materials and have them e-learn?
Class room traiinng is getting harder to get people to and e-learning is a little easier as people can do it when they have time, but want to make sure it complies with EPA/DOT.
Thanks

Since this was a past customer of my Onsite Training I didn’t want to lose them to eLearning (something I don’t currently do) but I had to tell them the truth (1.7.16):

Thank you for contacting me.  I’m happy to answer your questions.

USEPA/State regulations for training of hazardous waste personnel:
  • The requirement for a initial training and an annual review apply only to a large quantity generator of hazardous waste.
  • EPA regulations at 40 CFR 265.16(a)(2) require the training program to be directed by a person who has been trained per the initial and annual requirements:  “This program must be directed by a person trained in hazardous waste management procedures.”  So, at least one person must meet the training requirements of 40 CFR 265.16 in order to provide the training for others.
  • The EPA regulations do not forbid self-study or other elearning methods nor do they require a person direct a class of trainees.
  • Your state may regulations may be more strict than the EPA regulations – e.g. the regulations in Colorado require training to be both classroom and on-the-job.

USDOT regulations for training of HazMat Employees:

All states require annual training of Facility Personnel of an LQG

Be sure your RCRA Training addresses the regulations of your state.

  • DOT does not have a requirement that the training provider be trained or experienced in any way.
  • DOT regulations do not forbid self-study or other elearning methods nor do they require a person direct a class of trainees.
In both cases the regulations place the burden of responsibility of meeting the training requirements on the employer.  So, absent of a direct regulation of how to provide the training the employer must ensure the training requirement of 40 CFR 265.16 (EPA) and 49 CFR 172, Subpart H (DOT).
 
I provide both EPA (and state) and DOT training in the following formats:
Thank you very much and please don’t hesitate to contact me with any questions.
Also, you may be interested in my Monthly Newsletter on the Hazardous Waste regulations of the USEPA and the HazMat Transportation regulations of the USDOT.
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