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.
Notes
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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