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Interpretation Response #01-0024 ([Grayson Hill Farm] [Mr. William Horn])

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

Interpretation Response Details

Response Publish Date:

Company Name: Grayson Hill Farm

Individual Name: Mr. William Horn

Location State: FL Country: US

View the Interpretation Document

Response text:

FEB 21, 2001
Mr. William Horn, Consultant                      Ref. No. 01-0024
17701 Rivendel Road
Lutz, FL 33549

Dear Mr. Horn:

This is in response to your letter dated January 19, 2001, requesting clarification on the definitions of the terms “hazmat employer" and ~hazmat employee" in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a person that prepares drums of hazardous waste for shipment is subject to the training requirements of the HMR.

Generally, the HMR requires a hazmat employee to be trained. For purposes of the HMR, hazmat employee" means a person who is employed by a hazmat employer and who, in the course of employment, directly affects hazardous materials transportation safety. Hazmat employer" means a person who uses one or more of its employees in connection with, among other things, causing a hazardous material to be transported or shipped in commerce. See § 171.8. In the scenario you describe, workers at a facility who perform offeror functions, such as preparing a package for shipment, are subject to the training requirements in Subpart H of Part 172 of the HMR.
Under the HMR, there can be more than one offeror for a given shipment. If a hazardous waste generator and a waste hauler split the performance of offeror functions, both the generator and the waste management company are subject to the regulations as offerors. In the scenario you describe, the workers at the generator's facility who prepare a package of hazardous waste for transportation — such as by selecting a packaging, assuring that the packaging is not overfilled, and securing the closures on the package — are performing offeror functions that directly affect hazardous materials transportation safety and must be trained, even if the waste hauler assumes responsibility for generating a shipping paper and certifying that the shipment conforms to HMR requirements. In this case, both the generator and the waste hauler are performing offeror functions.

The generator would not be an offeror if it contracted with a waste hauler to perform all offeror functions associated with the transportation of its hazardous waste. The waste hauler would become the offeror of the hazardous waste and would be responsible for classifying the hazardous waste, selecting appropriate packagings, assuring that packagings are not overfilled, securing the closures on the packagings, marking and labeling the packages as appropriate, generating shipping papers, and training their hazmat employees in accordance with the HMR.

I hope this satisfies your request.



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


Regulation Sections

Section Subject
171.8 Definitions and abbreviations