OSHA Doesn’t Give “Grace” Periods
What Does Annual Mean?
When OSHA says “annual”, they don’t mean 366 days. (Unless there is a leap year, I guess.) When you see annual requirements for things like training or respirator fit testing OSHA means within 365 days. See excerpts from two letters of interpretation below:
Scenario: Various OSHA standards address frequency of employee training. Some standards are very explicit on frequency, stating “no later than 12 months from the date of the previous training,” while others simply state that training must be performed “at least annually.”
Question: Could you please clarify OSHA’s interpretation of training requirements and what is expected when training must be conducted “at least annually”?
Reply: You are correct in stating that the language may vary in certain OSHA standards. However, wherever OSHA standards require that employee training be conducted “at least annually,” OSHA interprets that to mean that employees must be provided re-training at least once every 12 months (i.e., within a time period not exceeding 365 days). This annual training need not be performed on the exact anniversary date of the preceding training, but should be provided on a date reasonably close to the anniversary date taking into consideration the company’s and the employees’ convenience in scheduling. If the annual training cannot be completed by the anniversary date, the employer should maintain a record indicating why the training has been delayed and when the training will be provided.
Please keep in mind that the term “at least annually” is generally regarded as indicating that circumstances which warrant more frequent training may occur. It is extremely important that employees are trained to protect themselves from all known workplace hazards, including new hazards which may result from changes in workplace practices, procedures, or tasks. For example, OSHA’s bloodborne pathogens standard at 29 CFR 1910.1030(g)(2)(v), provides for “additional training when changes such as modification of tasks or procedures or institution of new tasks or procedures affect the employee’s occupation exposure.” More frequent training may also be required when employee performance suggests that the prior training was incomplete or not fully understood.
Second Excerpt:
In your second question, you have asked for a clear definition of what OSHA means by “annual”, with regard to the training and fit test requirements in the Respiratory Protection Standard. Annual means that training and fit testing must be conducted every year, before or on the anniversary date of the employee’s previous training and fit test. For example, if the employee is trained or fit tested on February 1, 1999, then the employee must be trained or fit tested before or on February 1, 2000.
