USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #05-0296 ([Tetra Tech EC, Inc.] [Dr. Alan Sherman])

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

Interpretation Response Details

Response Publish Date:

Company Name: Tetra Tech EC, Inc.

Individual Name: Dr. Alan Sherman

Location State: NJ Country: US

View the Interpretation Document

Response text:

Dec 13, 2005


Dr. Alan Sherman                         Reference No. 05-0296

Tetra Tech EC, Inc.

1000 The American Road

Morris Plains, NJ 07950-2446

Dear Dr. Sherman:

This is in response to your November 15, 2005 letter requesting clarification of the training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if workers involved in the removal of both friable and non-fliable asbestos containing material are subject to the training requirements contained in Part 172, Subpart H.

Under § 172.702(a), a hazmat employer must ensure that each of its hazmat employees is trained in accordance with Part 172, Subpart H. The term "hazmat employee," as defined in § 171.8, includes all persons who, in the course of employment, perform functions that directly affect hazardous materials transportation safety. This term does not apply to every employed person who works at or around an area, where, for example, hazardous materials are loaded, unloaded, handled or stored. The employee"s functional relationship to hazardous materials transportation safety, rather than incidental contact with hazardous materials in the work place, is the primary factor in determining whether an individual is a "hazmat employee."

An employee"s designation as a "hazmat employee" is the result of the "hazmat employer"s" assignment (explicit or implicit) of job functions to individual employees. The training requirements specified in § 172.700 through 172.704 apply to an employee only if that employee performs a function subject to the HMR. For example, your workers who perform offeror functions, such as packaging friable asbestos containing material or generating shipping papers for this material, are subject to the training requirements in Part 172, Subpart H. If, on the other hand, an employee performs no function subject to the HMR (e.g., prepares a job site for asbestos abatement), the employee is not a "hazmat employee" and is not subject to the HMR training requirements.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.



Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
172.700 Purpose and scope