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5206.1700 TRAINING.

Subpart 1.

General.

The requirements in items A to G apply to training programs provided to employees concerning hazardous substances and harmful physical agents.

A.

Training shall be made available by, and at the cost of, the employer.

B.

Records of training provided under the requirements of this chapter must be maintained by the employer, retained for five years, and made available, upon request, for review by employees or their representatives and by the commissioner or his or her authorized representative.

C.

Information and training programs may relate to specific exposure hazards; the common hazards of a group of hazardous substances; or to the hazards of a complete production operation, whichever is more effective. Specific information on individual hazardous substances or mixtures and harmful physical agents must be available in writing for employees' use.

D.

Once training has been completed, an employer may request the employee to sign a statement that the employee has been trained as required by parts 5206.1300 to 5206.1900.

E.

Frequency of training.

(1)

Training must be provided to an employee prior to initial assignment to a worksite where the employee may be routinely exposed to a hazardous substance or harmful physical agent.

(2)

Additional training must be provided to a nonhandler of hazardous substances prior to the time the employee may be routinely exposed to a hazardous substance or harmful physical agent with properties not covered in the generic training program. Additional training must be provided to a handler of hazardous substances prior to the time the employee may be routinely exposed to a new hazardous substance or harmful physical agent.

(3)

Training must be provided at intervals of not greater than one year. Maintenance of a private applicator's certification or commercial applicator's license fulfills the annual training requirement.

(4)

Employees performing the same or similar job assignments for more than one employer during the current growing season need only be trained once. The current employer must produce verification of the training, in a timely manner, upon request of the commissioner or an authorized representative of the commissioner.

F.

The commissioner may, upon request of an employer or an employer's representative, certify a training program as complying with this chapter.

G.

The employer shall maintain current information for training or information requests by employees.

Subp. 2.

Training program for hazardous substances.

Training for employees who may be routinely exposed to hazardous substances shall be provided in a manner which can be reasonably understood by the employees. For employees who do not understand English, training must be provided in a language understood by the employee.

A.

Training program for handlers of hazardous substances.

(1)

The oral training program for handlers of hazardous substances must include the following:

(a)

the name or names of the substance including any generic or chemical name, trade name, and commonly used name;

(b)

the level, if any and if known, at which exposure to the substance has been restricted according to standards adopted by the commissioner, or, if no standard has been adopted, according to guidelines established by competent professional groups which have conducted research to determine the hazardous properties of potentially hazardous substances;

(c)

the known acute and chronic effects of exposure at hazardous levels (including routes of entry into the body);

(d)

the known symptoms of the effects;

(e)

any potential for flammability, explosion, or reactivity of the substance;

(f)

appropriate emergency treatment;

(g)

the known proper conditions for safe use of and exposure to the substance;

(h)

procedures for cleanup of leaks and spills;

(i)

the name, phone number, and address of a manufacturer of the hazardous substance; if the name and phone number of a manufacturer is not available, the phone number of a local poison control center or the Chemical Transportation Emergency Center (CHEMTREC) must be provided.

(2)

A written copy of the information required in subitem (1) shall be readily accessible in the area or areas in which the hazardous substance is used or handled.

(3)

In lieu of the oral training program required in subitem (1), employees who handle or use hazardous substances may obtain and hold a valid private applicator's certification from the Minnesota Department of Agriculture by completing the training program available through the county extension agent or may fulfill licensing requirements and secure a commercial applicator's license as provided for in Minnesota Statutes, section 18A.26, subdivision 2. Maintenance of a private applicator's certification or commercial applicator's license fulfills the annual training requirement of subpart 1, item E, subitem (3).

B.

The oral training program for nonhandlers of hazardous substances must include the following:

(1)

Proper conditions of exposure:

(a)

where label information restricts reentry after application to other than when sprays have dried or dusts have settled, employees must be provided with the name of the substance, the time of application, and the reentry time; and

(b)

where label information does not restrict reentry or restricts entry until sprays have dried or dusts have settled, employees must be instructed not to reenter a field treated with the pesticide until the spray has dried or the dust has settled since application.

(2)

Routes of entry into the body:

(a)

methods of preventing entry;

(b)

emergency procedures to be followed in case of accidental exposure; and

(c)

first aid and other applicable nonemergency procedures.

(3)

Symptoms of exposure:

(a)

possible allergies, symptoms, or sensitivities that may occur; and

(b)

hazards to special at-risk groups such as children and pregnant women as information is available.

(4)

Procedures to follow if symptoms appear.

(5)

A written copy of the information in item B must be available for employee use. For employees who do not read English, a written notice in a language understood by the employee must be provided advising employees of the name and address of an agency that will translate the written information for them.

(6)

Provision of information for medical treatment:

(a)

Information required for medical treatment as described in unit (b) must be provided immediately upon request to an employee, or the employee's representative, who reports symptoms of exposure. If symptoms appear, the employee or employee representative shall request information for medical treatment from the employer.

(b)

The employer shall give the employee or employee representative the name of the substance, the date it was applied, the rate at which it was applied, and either the material safety data sheet or the label for the substance applied.

(c)

Employees who are unfamiliar with the community or who do not speak English must be provided information in a language understood by the employee concerning the appropriate agency to contact for assistance and medical treatment.

C.

Hazardous substance training for incidental farm workers may be fulfilled by providing incidental farm workers with written information in a language understood by the employee. The written statement shall include the information required in item B, subitems (1) to (5). The written information shall be provided to incidental farm workers prior to assignment to work in a field where a hazardous substance has been applied.

D.

The training program developed or approved by the Department of Labor and Industry meets the requirements of this chapter.

Subp. 3.

Training program for harmful physical agents.

The training program for employees who may be routinely exposed to heat in an indoor work environment where the temperature may be expected to reach or exceed the permissible exposure limit shall be provided in a manner which can be reasonably understood by the employees. For employees who do not understand English, training must be provided in a language understood by the employees.

A.

Training on heat must include the following:

(1)

the known proper conditions for exposure and recommended protective measures;

(2)

the known acute and chronic effects of exposure at hazardous levels;

(3)

the known symptoms of the effects;

(4)

appropriate emergency treatment; and

(5)

the effects of heat to special at-risk groups such as persons with heart disease and high blood pressure.

B.

A written copy of the information in item A must be available for employees' use. For employees who do not read English, a written notice in a language understood by the employee must be provided advising employees of the name and address of an agency that will translate the written information for them.

C.

In lieu of an oral training program, written documentation of the information required in item A may be provided to employees. For employees who do not read English, the written documentation must be in a language understood by the employee.

Statutory Authority:

MS s 182.655

History:

10 SR 623

Published Electronically:

June 11, 2008