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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #02-0131 ([Paul Reamy])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Paul Reamy

Location State: FL Country: US

View the Interpretation Document

Response text:

June 27, 2002

Mr. Paul Reamy                 Reference No.: 02-0131
504 Misty Lane
N. Fort Myers, FL 33903

Dear Mr. Reamy:

This is in response to your letter requesting clarification of the training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You ask if an aircraft mechanic under the following scenario is considered a hazmat employee and if so, what type of training he must receive.  You state:

An aircraft mechanic removes a part containing a hazardous material from an aircraft, drains the hazardous material from the part, cleans the exterior, plugs open ports to bring the part into compliance as an inner packaging for hazardous materials.  The mechanic delivers the part to a stock clerk for transportation to a repair facility and informs the stock clerk that the part contains a residue of hazardous material.

As we stated in our August 8, 2001 letter, an employee's designation as a hazmat employee is the result of the hazmat employer's assignment (explicit or implicit) of job functions to individual employees.  In the scenario you describe are two separate bases for considering the mechanic a hazmat employee: 1) the mechanic prepares the part as an inner packaging for transportation by draining the part, cleaning the exterior and plugging open ports to prevent escape of the residue; and 2) the mechanic is obligated by company procedures to inform the stock clerk that the part contains a hazardous material or residue thereof.  Both of these functions directly affect hazardous materials transportation safety and, therefore, make the mechanic a hazmat employee as defined in § 171.8. As a hazmat employee, the mechanic must be trained in 1) general awareness/familiarization; 2) function-specific training; and 3) safety training.  In addition, a hazmat employee must receive recurrent training in all three areas at least once every three years.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

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

171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations