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
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.
2. Amendment of section and Note filed 10-24-2018; operative
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