§ 66273.36. Personnel Training.

(a) A universal waste handler shall ensure that all personnel who manage universal wastes at the universal waste handler's facility are thoroughly familiar with proper universal waste management and emergency response procedures relative to those persons' responsibilities, as specified in subsections (b) and (c) of this section.

(1) For purposes of this section, “personnel who manage universal waste” means any persons who consolidate, sort, treat, recycle, package for transport, offer for transport, or physically relocate containers of universal waste.

(2) Persons who, in the course of their normal duties, only generate universal wastes from onsite sources and place them into accumulation containers, areas or locations are not “personnel who manage universal waste” (e.g., an office worker who removes spent batteries from an electronic device).

(b) A universal waste handler shall initially train and provide annually, thereafter, training to all personnel who manage or who supervise those who manage universal wastes. Training materials shall be in the form of any written media (e.g., brochures, electronic mail, company letters, pamphlets, posters, etc.) and shall include the date of that material. This training shall include, at a minimum:

(1) The types and hazards associated with the universal waste that personnel may manage at the facility (e.g., hazards due to leaded glass in CRT devices or CRTs);

(2) The proper disposition of universal wastes managed at the facility (e.g., the locations of universal waste containers, or the location of a centralized universal waste accumulation area);

(3) The proper procedures for responding to releases of universal wastes (e.g., spilled CRT glass) including the position titles and the means of contacting those personnel at the facility who are designated to respond to reports of releases (e.g., spilled CRT glass) and/or to respond to questions received from other personnel at the facility; and

(4) The applicable requirements contained in this chapter regarding labeling, collecting, handling, consolidating, and shipping universal wastes at the facility, including, but not limited to, the prohibition on the disposal of universal wastes, and for personnel involved in shipping universal wastes who are “hazmat employees”, as defined in 49 Code of Federal Regulations section 171.8, the applicable requirements prescribed in 49 Code of Federal Regulations section 172.704.

(c) The universal waste handler shall maintain a written record by date (e.g., a list of personnel who have received either initial or annual training information) indicating the names of personnel who received the information specified in subsection (b) of this section.

(d) The universal waste handler shall maintain the record specified in subsection (c) of this section for at least three years from the date the person last managed any universal waste at the facility. The record of training for a “hazmat employee”, as defined in 49 Code of Federal Regulations section 171.8, shall meet the applicable requirements of 49 Code of Federal Regulations section 172.704(d). The training record may accompany a person who is transferred within the same company.

HISTORY

1. New sectionfiled 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2000 or emergency language will be repealed by operation of law on the following day.

2. New sectionrefiled 6-29-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.

3. New sectionrefiled 11-1-2000 as an emergency; operative 11-4-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.

4. New sectionrefiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2001 or emergency language will be repealed by operation of law on the following day.

5. New sectionrefiled 6-26-2001 as an emergency; operative 7-5-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-2-2001 or emergency language will be repealed by operation of law on the following day.

6. New sectionrefiled 11-2-2001 as an emergency; operative 11-3-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-4-2002 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 11-2-2001 order transmitted to OAL 12-27-2001 and filed 2-8-2002 (Register 2002, No. 6).

8. Amendment of section heading, section and Note filed 2-4-2009; operative 2-4-2009 (Register 2009, No. 6).

9. Change without regulatory effect amending subsections (a)-(b) filed 5-6-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 19).

Note

Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.36.