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Interpretation Response #00-0176 ([Ogletree, Deakins, Nash, Smoak & Stewart, P.C.] [Mr. David E. Jones])

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

Interpretation Response Details

Response Publish Date:

Company Name: Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Individual Name: Mr. David E. Jones

Location State: GA Country: US

View the Interpretation Document

Response text:

July 6, 2000


Mr. David E. Jones                      Ref. No. 00-0176
Ogletree, Deakins, Nash,
Smoak & Stewart, P.C.
600 Peachtree Street
Suite 2100
Atlanta, GA 30308

Dear Mr. Jones:

This is in response to your letter dated June 6, 2000, regarding the applicability of training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:

Ql. Must a driver be trained if he will transport Class 9 materials in non-bulk packages?

Al. The answer is yes. Section 172.704(a) specifies that all hazmat employees must receive general awareness, function specific and safety training. A hazmat employee is a person employed by a hazmat employer who during the course of his/her employment directly affects hazardous materials transportation safety (see §171.8). Therefore, a person who performs duties that are regulated under the HMR is considered to be a hazmat employee and must be trained under Part 172, Subpart H.

Q2. Who is required to maintain the training records for a driver?

A2. Section 172.704(d) requires that a record certifying each hazmat employee's current training be created and retained by the hazmat employer.

I hope this satisfies your request.


John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
172.704 Training requirements