Cal. Code Regs. Tit. 22, § 66265.16 - Personnel Training

(a) Notwithstanding subsection (g), an owner or operator of a hazardous waste transfer, treatment, storage, or disposal facility shall ensure that facility personnel successfully complete a training program through classroom, computer-based, or electronic instruction or on-the-job training that teaches facility personnel to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter and section 5192, subsection (p), of Title 8, California Code of Regulations. Facility personnel engaged in shipping hazardous waste shall be triennially trained commensurate with their responsibilities to meet the requirements in section 172.704 of Title 49, Code of Federal Regulations.

(1) The owner or operator shall ensure that the training program includes all the elements specified in this section.

(2) Hazardous waste management training must be directed by a person trained in hazardous waste management procedures, and must include instruction that teaches facility personnel hazardous waste management procedures (including, but not limited to, contingency plan implementation and the identification and segregation of incompatible hazardous waste or product) relevant to the positions in which they are employed.

(3) At a minimum, the emergency response training must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with prevention, mitigation, abatement, and notification procedures, emergency equipment, and emergency systems, including all of the following where applicable:

(A) procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

(B) key parameters for automatic waste feed cut-off systems;

(C) communications or alarm systems;

(D) response to fires or explosions;

(E) response to groundwater contamination incidents;

(F) shutdown of operations;

(G) self-protection measures; and

(H) accident prevention methods.

(4) Effective July 1, 2019, the training program must also be designed to ensure the following every 24 months:

(A) General awareness training. The owner or operator shall ensure all facility personnel successfully complete training that provides a description of the facility, and an overview of the facility and facility operations that are subject to this chapter, including, but not limited to, security and safety considerations; and

(B) Function-specific job training. The owner or operator shall ensure all facility personnel who are involved with hazardous waste management activities successfully complete training concerning the requirements of this chapter and any relevant hazardous waste procedures applicable to job tasks and functions performed by the employee.

(b) The owner or operator shall ensure that facility personnel successfully complete the program required in subsection (a) of this section within 180 days after the date of their employment or assignment to a facility, or to a new position at a facility. Employees hired after the effective date of these regulations shall not work in unsupervised positions until they have completed the training requirements of subsection (a) of this section.

(c) The owner or operator shall ensure that facility personnel take part in an annual review of the initial training required in subsection (a) of this section, unless otherwise specified.

(d) The training records required by this subsection must demonstrate compliance with subsection (a) and include the specific elements set out in paragraphs (1) through (4). The owner or operator shall maintain the following documents and records at the facility:

(1) the job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

(2) a written job description for each position listed under paragraph (d)(1) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education, or other qualifications, and duties of employees assigned to each position;

(3) a written description, including a syllabus and/or outline, of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (d)(1) of this section;

(4) employee-signed or -certified records that document that the training required under subsections (a), (b), and (c) of this section has been given to, and completed by, each employee.

(e) The owner or operator shall maintain training records on current personnel until closure of the facility and training records on former employees for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

(f) Effective March 1, 2021, the owner or operator shall prepare and submit to the Department by March 1 of each year an annual certification that attests to the training of the facility personnel for the previous calendar year in accordance with subsections (a) and (c). The certification must include the following:

(1) A signed statement by the owner or operator certifying that facility personnel have been trained in a manner that satisfies the requirements of this section and any applicable requirements of section 5192, subsection (p), of Title 8, California Code of Regulations and section 172.704 of Title 49, Code of Federal Regulations.

(2) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job.

(g) A generator, who is not an owner or an operator of a hazardous waste facility, that accumulates hazardous waste onsite in compliance with section 66262.34, is not subject to subsection (f) of this section or the training requirements of section 5192, subsection (p), of Title 8, California Code of Regulations.

Notes

Cal. Code Regs. Tit. 22, § 66265.16

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of section and NOTE filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43).

Note: Authority cited: Sections 25150, 25159, 25200.21, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.16.

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No . 22).
2. Amendment of section and Note filed 10-24-2018; operative 1/1/2019 (Register 2018, No. 43).