Interpretation Response #02-0172 ([Packaging Corporation of America] [Robert M.Sweitzer])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Packaging Corporation of America
Individual Name: Robert M.Sweitzer
Location State: IL Country: US
View the Interpretation Document
Response text:
Aug 20, 2002
Mr. Robert M. Sweitzer Reference No. 02-0172
Packaging Corporation of America
Technical and Development Center
250 South Shaddle Avenue
Mundelein, Illinois 60060
Dear Mr. Sweitzer:
This is in response to your June 17, 2002 letter, requesting an opinion on hazardous materials training requirements for individuals. Specifically, you question whether individuals engaged in the manufacture of corrugated boxes and marking them with the ORM-D designation are considered hazardous materials employees and require training as specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
It is the opinion of this Office that the individuals as described are hazmat employees and require hazmat training because they perform covered functions; i.e., manufacturing packagings used for hazardous materials and apply markings on the package. As required in § 172.702(a)(b), a hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements prescribed in this subpart.
As defined in § 171.8, a 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. The term includes an owner-operator of a motor vehicle which transports hazardous materials in commerce. This term includes an individual, including a self-employed individual, employed by a hazmat employee who, during the course of employment: loads, unloads, or handles hazardous materials; manufactures, tests, reconditions, repairs, modifies, marks, or otherwise represents containers, drams, or packagings as qualified for use in the transportation of hazardous materials; prepares hazardous materials for transportation; is responsible for safety of transporting hazardous materials; or operates a vehicle used to transport hazardous materials. A hazmat employee who performs any function subject to the requirements of this subchapter may not perform that function unless instructed in the requirements of this subchapter that apply to that function.
I hope this information is helpful. If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials
172.702
Regulation Sections
| Section | Subject |
|---|---|
| 172.702 | Applicability and responsibility for training and testing |