Interpretation Response #04-0087

Interpretation Response Details

May 26, 2004

Ms. Christina M. Kurtz               Reference No. 04-0087
Supervisor-Regulations and Packaging
ATOFINA Chemicals, Inc.
200 Market Street
Philadelphia, PA 19103-3222

Dear Ms. Kurtz:

This is in response to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you request clarification on whether employees unloading hazardous materials after the departure of the carrier from the consignee's facility require training under the HMR.

A hazmat employee is a person employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety (see § 171.8). In other words, a person who performs duties that are regulated under the HMR is considered to be a hazmat employee.  The term hazmat employee includes an individual employed by a hazmat employer who, during the course of employment loads, unloads, or handles hazardous materials, Section 172.704 requires a hazmat employee to receive general awareness, function specific, and safety training.

Generally, consignee unloading operations performed after the carrier's departure from the consignee’s facility are not subject to regulation under the HMR.  Thus, consignee employees engaged in such unloading operations need not be trained in accordance with BAIR requirements.  However, until October 1, 2004, rail tank car unloading operations are subject to requirements in § 174.67 of the HNM whether or not the unloading operation is performed by consignee personnel after the carrier’s departure from the facility.  Furthermore, until October 1, 2004, consignee employees who unload rail tank cars in accordance with § 174.67 must be trained.

I hope this information is helpful.  Please contact us if you require additional assistance

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

172.700, 174.67

Regulation Sections