Hourglass indicating certification expiration

Expired HAZWOPER Certification

The Hazardous Waste Operations and Emergency Response (HAZWOPER) certification can expire. Employees who hold a HAZWOPER certification can lose their certification if they do not complete an annual refresher. Once an employee is initially certified, they must complete a refresher on or before their initial training date. This “refresher date” becomes a sliding scale as annual training is required on or before their last training date. This is required in order to maintain their certification. The Occupational Safety and Health Administration (OSHA) can allow a grace period but the employer must decide if the employee is still fit to work safely at a contaminated site.

Did You Let Your HAZWOPER Certification Expire?

Should an employee lose their OSHA HAZWOPER certification because of lapsed training, they have two options. In the case of a general site worker, they can complete the initial 24 or 40 hour HAZWOPER training again or take a refresher course. The decision on whether to repeat the initial training or take a refresher rests with the employer. The employer must decide if the person is capable of performing work in a safe manner and in compliance with OSHA regulations. If the employer believes the employee still possesses the knowledge and job skills to safely perform work, then a refresher must be completed at the next opportunity. This is usually done in a timely manner. Retraining is not necessary where the employee can demonstrate competency in the required training topics.

When your certification lapses, OSHA considers you out of compliance, meaning you are not legally permitted to enter hazardous worksites or participate in cleanup or emergency response activities. Employers are also prohibited from assigning you to HAZWOPER-covered duties until your training is renewed. This can lead to work delays, loss of eligibility for certain job assignments, or even citations during safety inspections.

Employer Must Decide

OSHA promulgates many if not all of its regulations holding the employer ultimately responsible for their employees. So, the employer will have a say if an employee misses their required annual refresher training. The employer must determine an appropriate grace period for each employee. From an OSHA compliance perspective, we recommend documenting the occurrence in your company training records. The documentation should indicate a refresher was missed and list the corrective action taken.

When to Retake Initial HAZWOPER Training

If an employee takes a long leave of absence, their employer may require them to retake the initial 40 hour or 24 hour HAZWOPER course before they can return to work. After an extended time away, it’s possible the employee may have forgotten crucial HAZWOPER training fundamentals and/or lost competency in certain areas.

If an employee’s certification lapses or if they’ve made errors on the job since their last training, the employer may decide a simple refresher isn’t sufficient. In these situations, the employer might require the employee to retake the full 40 hour or 24 hour HAZWOPER course to ensure they’re up to date on the latest safety standards.

When to Take an Annual Refresher Course

If an employee stays active and in good standing but doesn’t complete the HAZWOPER refresher course by the anniversary of their certification, the employer may require them to take the annual refresher course prior to their original anniversary date to renew their certification and remain eligible to continue working.