What Do You Mean By That? Use and Misuse of EHS Training Terms

When undertaking training required by OSHA regulations, are you aware of the appropriate definitions of EHS terms? Misunderstanding these terms can create confusion about standards and processes, resulting in non-compliance, incidents and injuries. Below are some terms we all should use with care.

“Compliant,” “OSHA-Approved” or “OSHA-Anything”

OSHA requires employers to train employees in areas impacting safety and health – sometimes with significant penalties for not complying. So “OSHA-approved training” that will “keep your company compliant” sounds very attractive. The problem is that OSHA and other regulatory agencies never formally approve, certify or endorse commercial products.

OSHA does “authorize” outreach trainers, enabling them to issue Department of Labor completion cards for training such as 10-hour and 30-hour programs. But even there OSHA draws clear boundaries, stating that outreach training is “not a certification program and must not be advertised as such. Outreach training program trainers, students and curriculum are not certified.” The agency adds, “OSHA does not ‘approve’ trainers or classes.” In short, terms like OSHA-certified or OSHA-approved always should raise a red flag.

To claim that third-party training will “keep your company compliant” also is inaccurate. Why? First, regulatory agencies put responsibility for compliance on the employer, not third-party training providers. Based on regulatory standards, an employer must choose and provide appropriate training to affected employees and document proof of successful completion.

A reputable training solution provider will design and revise courses to align with given regulations. But any training course can fall short of compliance if the company using it doesn’t deliver it correctly, applies it in the wrong situation or fails to properly document completion.

Also, compliance with most regulations typically involves more than any third-party vendor is offering. An online training course on personal protective equipment, for example, still requires hands-on demonstration of skills for compliance. Regulations like the powered industrial truck standard even require performing tasks on actual equipment in the actual environment. 

Beyond that, training compliance is just one element of overall EHS compliance. Vendors with technology-based solutions that address that bigger picture legitimately can claim to simplify compliance by automating not only training management, but also your OSHA log of work-related injuries and illnesses, return-to-work programs, hazard analyses, hearing conservation audiometry and facility noise monitoring and more. But even the best, most comprehensive vendor only helps you fulfill regulatory responsibilities. In the end, regulators still evaluate you for compliance, not your vendor.

“Competent Person,” “Qualified Person”

Some OSHA standards require that employers deem employees “competent” or “qualified” for the EHS tasks they perform. The OSHA general definitions of these terms are:

• “By way of training and/or experience, a competent person is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, and has the authority to correct them.”

• “A qualified person is one who, by possession of a recognized degree, certificate or professional standing, or who by extensive knowledge, training and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work or the project.”