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April 26, 2002
Mr. Steve Boykin
Shintech Inc.
5618 Highway 332 East
Freeport, Texas 77541
Dear Mr. Boykin:
Thank you for your October 4, 2001
letter to the Occupational Safety and Health Administration's (OSHA's)
Directorate of Compliance Programs (DCP). This letter constitutes
OSHA's interpretation only of the requirements discussed and may not be
applicable to any questions not delineated within your original
correspondence. You had a question regarding your company's training
requirements for fire brigade members. We apologize for the delay in
our response.
Statement: According to 29 CFR 1910.156(c)(3), the quality of
fire training education given to the brigade members must be similar to
that given by the institutes and academies listed in that section.
Question: Does this require the company to send the members to
one of these schools, or can an experienced fire instructor develop
lesson plans for on site classes that would include theory as well as
field training with plant equipment and processes?
Reply: During a conversation on March 12 with a member of my
staff, you clarified and provided additional information regarding your
question. Hence, OSHA feels that you will be able to meet the intent of
1910.156(c)(3), either through in-house training or by sending your
fire brigade members to institutes that are similar to those listed in
1910.156(c)(3).
For your information, the many fire
brigades covered by the OSHA fire brigade standard (29 CFR 1910.156)
vary widely in type, function, and size. Therefore, OSHA's requirements
are performance-oriented to allow the employer to organize a fire
brigade which best reflects the needs of the workplace. Furthermore,
OSHA's training requirements for instructors are minimal and
generalized; they are not divided into different levels of competence
such as Instructor I, II, III, and IV as defined by the National Fire
Protection Association (NFPA) standard 1041. Also, the appendix to the
fire brigade standard contains guidelines which should help you better
understand the intent of OSHA's fire brigade training requirements.
Thank you for your interest in
occupational safety and health. We hope you find this information
helpful. OSHA requirements are set by statute, standards and
regulations. Our interpretation letters explain these requirements and
how they apply to particular circumstances, but they cannot create
additional employer obligations. This letter constitutes OSHA's
interpretation of the requirements discussed. Note that our enforcement
guidance may be affected by changes to OSHA rules. Also, from time to
time we update our guidance in response to new information. To keep
apprised of such developments, you can consult OSHA's website at
http://www.osha.gov.
If you have any further questions,
please feel free to contact the Office of General Industry Compliance
Assistance at (202) 693-1850.
Sincerely,
Richard E. Fairfax, Director
Directorate of Compliance Programs
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