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Interpretation Response #00-0093

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 08-09-2000
Company Name: Rohm and Haas Company    Individual Name: Mr. Laurent S. Vesier
Location state: PA    Country: US

View the Interpretation Document

Response text:

August 9, 2000

Mr. Laurent S. Vesier                Ref. No. 00-0093
Rohm and Haas Company
100 Independence Mall West
Philadelphia, PA 19106-2399

Dear Mr. Vesier:

This is in response to your letter requesting clarification of the requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning persons who maintain, retest and inspect intermediate bulk containers (IBCs).  Your questions are paraphrased and answered below.

Q1.  Must a person who performs periodic tests and inspections on IBC's in accordance with §180.352 obtain prior approval from the Associate Administrator for Hazardous Materials Safety as a third party inspector?

Al. No. The periodic retests and inspections done on an IBC may be performed by any qualified person.

Q2.  Must a person who performs maintenance on an IBC be employed by the IBC owner?

A2. No.  The person may be employed by the owner or a third party.

Q3.  Must a person who performs  the requalification  functions prescribed in §180.352 be trained under the 49 CFR?  If so, what specific training is required?

A3. The HMR requires that a hazmat employer must ensure that all hazmat employees are trained in accordance with Subpart H of Part 172.  As defined in §171.8, a hazmat employee is a person who performs functions that directly affects hazardous materials transportation safety.  These functions include the testing, reconditioning, repairing, marking or representation of packagings as being qualified for use in hazardous materials transportation.  A person performing the functions required in §180.352 meets the definition of a hazmat employee and, therefore, is required to be trained and tested.

With regard to specific training for a hazmat employee, §172.704 provides the minimum training requirements, however, it is the responsibility of the hazmat employer to determine the specific training needs applicable to the functions of a hazmat employee.

I hope this information is helpful.  Please contact us if you need additional assistance.


Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
§ 172.704 Training requirements