In an April 28, 2010, memorandum to all OSHA Regional Administrators, Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety & Health, reiterated OSHA’s policy that employee training must be conducted in a manner that employees can understand. Many OSHA standards explicitly require training and some require that employees acquire knowledge about a particular issue, but none specify the language in which the training must be provided.
Dr. Michaels’ memo stated that “if an employee does not speak or comprehend English, instruction must be provided in a language the employee can understand.” Moreover, with respect to enforcement, OSHA Compliance Officers are instructed that, when they are conducting inspections, they “must check and verify that the training was provided in a format that the workers being trained could understand.”
While all responsible employees want their training to be effective, many employers find that in the very tense context of an OSHA inspection, their employees may not respond accurately or completely when questioned about training they have received. OSHA’s emphasis on training competency and language requirements create another reminder of the challenges employers face while they work to comply with OSHA and best practice training programs.
Click here for a copy of Assistant Secretary Michaels’ April 28, 2010 memo.