Interpretation Response #06-0017

Interpretation Response Details

Feb 28, 2006

Mr. Rob Riggott                      Reference No. 06-0017
Martinair, Inc.
P.O. Box 485
Sandston, Virginia 23150

Dear Mr. Riggott:

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, who sign for, receive, or open packages which contain 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 HIVIR 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, these actions would not be subject to the training requirements in § 172.704.

I hope this satisfies your request.

Sincerely,

Charles E. Betts
Senior Transportation Specialist
Office of Hazardous Materials Standards

172.700

Regulation Sections