New York state environmental, health, and safety (EHS) and operations managers overseeing hazardous waste management programs face strict training requirements. Lately, New York State Department of Environmental Conservation (DEC) inspectors have shown a renewed interest in seeing these rules followed.
More specifically, inspectors have focused on training plans—and ensuring there are records proving the compliance of the training practices. Consequently, failure to properly document and maintain training records is one of the top five waste management violations our team has observed, during recent audits by the DEC.
This blog, the second in our DEC compliance series, will highlight how New York’s large quantity generators (LGQs) and small quantity generators (SQGs) can best comply with all training maintenance regulations.
Training and Documentation: Not Just a DEC Requirement
Full training of staff members is not only a regulatory requirement—it’s also a best management practice that enables team members to execute their tasks at the highest level. Adhering to these guidelines means organizations are helping ensure the safety of their employees.
These facts apply regardless of generator status. Any generator should offer safety and waste management trainings at regular cadences—and these must be properly documented, with records available for inspection.
While often an afterthought, maintaining easily accessed employee training records and certificates of completion is essential for smooth and compliant inspections. We’ve personally observed inspectors request both records and certificates to ensure training is appropriate for the employees’ roles.
While the requirements are relatively straightforward, there are a number of questions that arise in the search for full compliance. These include:
Q: Training requirements apply to what generators?
A: Training and documentation requirements vary by generator status, but most LQG and SQG sites must maintain detailed records of applicable employee trainings.
However, LQGs face unique training requirements that must cover:
- Department of Transportation (DOT) rules—this is especially important for anyone signing hazardous waste manifests
- Hazardous Waste Operations and Emergency Response (HAZWOPER) guidelines, as well as emergency preparedness steps and contingency plans
- United States Environmental Protection Agency (EPA) Resource Conservation and Recovery Act (RCRA) regulations
- Universal Waste (UW) management steps
Q:Â What are the actual training requirements?
A: At minimum, a training program must give facility personnel a baseline understanding of the site’s hazardous waste generation processes and emergency response procedures. Team members must be ready to respond swiftly, effectively, and safely to emergencies.
They must also be familiar with relevant procedures, equipment, and systems (like contingency plans). This also applies to any employees who handle or manage onsite UW, including both facility and lab staff. Full training requirements will vary based on each individual’s role—yet another reason an exhaustive and comprehensive training program is a must.
On top of this, all records should list hazardous waste compliance duties. They also must note which professional is assigned to which role, reflecting the employee’s competence to execute their responsibilities. The records must demonstrate that only those professionals with both RCRA and DOT training are the ones signing hazardous waste manifests. (Note: The rules demand that only a trained and experienced professional can conduct training. If your organization lacks one, look for a qualified external trainer.)
Q: When must we conduct training?Â
A: An employee must successfully complete all relevant trainings within six months after they:
- Start the job
- Are assigned to a facility
- Obtain a new position within the same facility
Employees cannot work in unsupervised positions until they have completed these necessary trainings. Many of these trainings must also be recertified or refreshed on regular cadences, as follows:
- RCRA: Annual recertification
- DOT: Recertification every three years
- Contingency and Emergency Action Plans (EAPs): At minimum, these trainings need annual refreshers—but additional training can be required if there is a job or facility change
- UW Training: Typically needed only once, but managers should sponsor training to address any compliance issues they observe onsite
Q: Where should I store my training records?
A: We recommend organizations store training records in a dedicated electronic or paper folder. Any organizational system that works for you will be successful, as long as you can easily access all relevant records during an inspection. To simplify retrieval, the records can be classified by:
- Year training is given
- Training type
- Certificate category
Q: What should training records contain?
A: The DEC mandates that all training records must provide:
- The job title for each position involved with hazardous waste management at a facility
- The name of the employee filling the position
- A written description of the type and amount of introductory/continuing training each employee will/has received.
Also, managers must keep copies of the received training presentations, as well as any actual training certificates for each training given.
Q: How long do I need to maintain my training records?
A:Training records on current personnel must be kept until the facility’s decommissioning. For former employees, records must be available for at least three years after that employee’s final workday.
Partnership for DEC Training and Records Compliance
Achieving compliance with DEC hazardous waste training and documentation regulations can be time-consuming, expensive, and difficult. Working with a trusted partner can help ease the regulatory burden and increase compliance.
This applies especially if that partner staffs competent and experienced trainers and can host compliant training sessions. Triumvirate Environmental’s expert team understands all DEC hazardous waste rules and exemptions—and can help ensure full compliance.
Contact us today to learn how we can assist you.
