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.
Sincerely,
John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards
172.704
Regulation Sections
| Section | Subject |
|---|---|
| 172.704 | Training requirements |