California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5.3 - Marine Terminal Personnel Training and Certification › Section 2546 - Program Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Terminal operators shall develop or modify their training and certification
				  program to meet the requirements of Article 5.3, begin implementing the
				  program, and, if necessary, update the description of this program within
				  twelve months of the effective date of these regulations.
(b) Within eighteen months of the effective
				  date of these regulations the terminal operator shall have conducted
				  certification procedures, as developed pursuant to subsection (b) of section
				  2545, for all existing personnel
				  that are subject to the terminal's certification requirements and have entered
				  their current position prior to these regulations becoming effective.
(c) The Division shall review a terminal's
				  training and certification program after the date determined by subsection (a)
				  of this section. This review shall be accomplished by a general on-site
				  inspection by the Division through evaluation of the terminal's training
				  materials, testing and certification records, and consultation with terminal
				  personnel.
(d) The Division shall
				  notify terminal operators regarding approval status within 30 calendar days of
				  completing inspections under subsection (c) of this section.
(e) Terminal operators who do not receive
				  approval will have 90 days to address deficiencies in their training and
				  certification program, with options for time extension at the discretion of the
				  Division. For those personnel that were trained or certified after the dates
				  established by subsection (a) of this section but prior to training program
				  disapproval, retraining or recertification of such personnel due to changes
				  required by the Division's approval process may be postponed until the next
				  retraining or recertification cycle as established by the terminal pursuant to
				  this Article.
(f) Training and
				  certification program approval is valid for five years. Significant changes to
				  the terminal's program must be documented through an update of the terminal's
				  training and certification program and submitted to the Division for approval.
				  Minor upgrades in training programs, such as expansion of training hours or
				  updates to training materials, are not required to be submitted. The Division
				  may perform announced and unannounced inspections at terminals to verify
				  compliance.
(g) A training and
				  certification program shall be approved if, in addition to meeting the
				  requirements of sections
				  2544 and
				  2545 it demonstrates that, when
				  implemented, it can, to the maximum extent practicable:
(1) Provide protection from human factor oil
				  spill risks identified in the risk analysis required by the terminal's oil
				  spill contingency plan;
(2)
				  Minimize the likelihood that terminal oil spills will occur and minimize the
				  size and impacts of those terminal oil spills which do occur;
(3) Provide effective oil spill prevention
				  training to supervisory, operations, maintenance, management, and indirect
				  operations personnel;
(4) Ensure
				  proper evaluation of job competency; and
(5) Provide an effective system to clearly
				  document and track personnel training and certification.