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Interpretation Response #03-0097 ([True Value Manufacturing Company] [Ms. Marcella G. Nichols, CHMM])

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

Interpretation Response Details

Response Publish Date:

Company Name: True Value Manufacturing Company

Individual Name: Ms. Marcella G. Nichols, CHMM

Location State: IL Country: US

View the Interpretation Document

Response text:

Aug 19, 2003


Ms. Marcella G. Nichols, CHMM                Ref. No. 03-0097
True Value Manufacturing Company
Regulatory Compliance Mgr.
201 Jendus Road
Cary, IL 60013

Dear Ms. Nichols:

This is in response to your April 4, 2003 letter and subsequent telephone conversation with a member of my staff, regarding the definition of a mhazmat employeeH in the hazardous materials regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered below:

Ql. Are purchasing agents who order containers from the manufacturer and forward the specifications for those containers to the company laboratory considered hazmat employees?

A1. 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 individual 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 the safety of transporting hazardous materials; or operates a vehicle used to transport hazardous materials.
If a purchasing agent does not perform any of the functions of a hazmat employee and only performs duties such as ordering containers and obtaining specifications from the manufacturers of the containers, such an employee is not a hazmat employee.

Q2. Is an Inventory Control Analyst who is responsible for building the inventory of hazardous materials to be shipped considered a hazmat employee?

A2. If the inventory control analyst does not perform any of the functions of a hazmat employee and does not make inventory decisions which could directly affect hazardous materials transportation safety (e.g., determining whether multiple hazardous materials are compatible), such an employee is not a hazmat employee.

I hope this information is helpful.



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

Regulation Sections

Section Subject
172.704 Training requirements