Interpretation Response #06-0219
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Nov 9, 2006
Mr. D. L. Casmey Reference No. 06-0219
Vice President of Operations & Security
Jones Chemicals, Inc.
2500 Vanderhoof Road
P.O. Box 349
Barberton, Ohio 44203
Dear Mr. Casmey:
This is in response to your September 29, 2006 letter concerning how to apply the in- depth security training requirements prescribed in § 172.704(a)(5) and Subpart I of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask if under these requirements an employer must designate at least one hazmat employee as the individual required to receive in-depth security training. In addition, you ask if the individual pages of a security plan updated in response to changes to the HMR must be replaced or if the entire document must be reprinted and show the same date on all pages.
The answer to both questions is no. The in-depth security training under § 172.704(a)(5) is required only for hazmat employees who handle or perform regulated functions related to the transportation of the materials listed in § 172.800(b) or who are responsible for implementing the security plan. These hazmat employees must receive in-depth training on the specific portions of the plan for which they are responsible, including specific security procedures, employee responsibilities, and actions to be taken in the event of a security breach.
The HMR are silent on how to note changes in a security plan in that they do not require the revised pages of a security plan to be dated or the entire security plan to be reprinted if one or several pages in the plan are changed. However, you may wish to reflect this date on a cover page for the document. Section 172.704(a)(5) requires that if this agency adopts a new regulation or changes an existing regulation that relates to a function performed by a hazmat employee the employee must be instructed in the new or revised function-specific requirements without regard to the three-year training cycle before the employee can perform the regulated tasks. While it is not necessary to completely retrain the hazmat employee sooner than the required three-year cycle, the employee must receive the instruction necessary to ensure this person is knowledgeable about the new or revised regulatory requirement. Also, please note it is not necessary to test the employee or retain records of the remedial instruction provided in the new or revised requirements until the next scheduled retraining at or within the three-year cycle.
I hope this information is helpful.
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
|§ 172.704||Training requirements|