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Interpretation Response #02-0213 ([Akzo Nobel Coatings Inc.] [Marty Purcell])

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

Interpretation Response Details

Response Publish Date:

Company Name: Akzo Nobel Coatings Inc.

Individual Name: Marty Purcell

Location State: KY Country: US

View the Interpretation Document

Response text:

Oct 23, 2002

Mr. Marty Purcell                 Reference No. 02-0213
Akzo Nobel Coatings Inc.
2031 Nelson Miller Parkway
Louisville, KY 40223

Dear Mr. Purcell:

This is in response to your August 12, 2002 letter, requesting an opinion concerning the hazardous materials training requirements under the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you request clarification on whether individuals within your company who order containers and obtain documentation from the manufacturers of the containers are considered hazmat employees and require training as specified in the HMR.

As required in § 172.702(a), a hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements prescribed in this subpart.  Hazmat employees are required to receive the hazardous materials training found in § 172.704 if they perform a function of a hazmat employee.  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.  A hazmat employee, as defined in § 171.8, means a person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety.  This 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 employer, who during the course of employment: loads, unloads, or handles hazardous materials; manufactures, tests, reconditions, repairs, modifies, marks, or otherwise represents containers, drums, 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.

It is the opinion of this Office that if a purchasing agent does not perform any of the functions of a hazmat employee and only performs duties such as ordering the containers and obtaining documentation from the manufacturers of the containers using information provided by a trained hazmat employee, the purchasing agent is not required to receive training as specified in the HMR.

I hope this information is helpful.  If we can be of further assistance, do not hesitate to contact us.


Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
172.704 Training requirements