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Interpretation Response #05-0019 ([Florida Power and Light Company] [Mr. Frank Nesbihal, 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: Florida Power and Light Company

Individual Name: Mr. Frank Nesbihal, CHMM

Location State: FL Country: US

View the Interpretation Document

Response text:

Feb 28, 2005


Mr. Frank Nesbihal, CHMM                      Reference No. 05-0019
Florida Power and Light Company
700 Universe Boulevard
Juno Beach, FL 33408

Dear Mr. Nesbihal:

This is in response to your letter dated January 18, 2005, regarding the training requirements prescribed in § 172.704(c)(1) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on the training requirements for hazmat employees intermittently performing functions subject to the HMR (i.e., less than ninety consecutive days). In your request, you reference a discussion of “casual” employees in HM 222B (61 FR 27166; May 30, 1996), and request clarification whether persons performing hazmat functions for less than ninety days consecutively are considered “casual” employees and therefore not subject to the training requirements of Part 172 of Subpart H.

The answer is no. Except as provided in § 172.704(c)(1), each hazmat employee who performs any function subject to the HMR may not perform that function unless properly trained ( 172.702(b)). As discussed in HM-222B, the provision in § 172.704(c)(1) that allows for direct supervision of a hazmat employee for up to ninety days after employment or change in job function is intended to address short-term employment. Since your employees retain employment for greater than ninety days (even though they may not be performing the hazmat functions for greater than ninety consecutive days) and may perform these functions again, they must be properly trained.

I hope this satisfies your request.



John Gale
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
172.704 Training requirements