Interpretation Response #07-0014 ([Arizona Public Service! PVNGS] [Mr. Terrance Dickerson])

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

Interpretation Response Details

Response Publish Date: 03/29/2007

Company Name: Arizona Public Service! PVNGS

Individual Name: Mr. Terrance Dickerson

Location State: DC Country: US

View the Interpretation Document

Response text:

Mar 29, 2007

Mr. Terrance Dickerson                      Reference No. 07-0014
Arizona Public Service! PVNGS
Mail Station 6313
5801 South Wintersburg Rd.
Tonopah, AZ 85354

Dear Mr. Dickerson:

This responds to your January 19, 2007 letter requesting clarification of the training requirements in § 172.704 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about the applicability of the training requirements to crane operators and other persons involved with handling and loading of packages and containers of articles and materials regulated as Class 7 materials under the HMR. Your questions are paraphrased and answered below.

Q1. How do the training requirements apply to the personnel involved in the following operations: (1) removal of a valve from system piping by mechanical maintenance. rigging and crane personnel; (2) transfer of the valve to the container loading area by crane personnel; (3) loading of the valve into a container by crane personnel, crane signalmen, and an employee providing directions as to how the valve must be loaded; (4) securing the valve in the container by maintenance personnel; and (5) placing arid securing the closure on the container by crane personnel, maintenance person riel, and an employee providing directions?

Al. In the scenario, the crane operators, maintenance personnel, and crane signalmen are not considered hazardous materials employees (hazmat employees) as that term is defined in the HMR and, thus, are not subject to the training requirements in 172.704. As your letter indicates, the employees providing directions as to how the valve must be loaded and secured in the container and how the container must be closed and secured are considered hazmat employees and must be fully trained in accordance with the regulatory requirements.

Q2. How do the training requirements apply to the personnel involved in the following operations: (1) disassembly of robotic inspection equipment; (2) performance of a radiological survey of the disassembled robotic inspection equipment;
(3) decontamination of the disassembled robotic inspection equipment; (4) transfer of the equipment by crane to the packaging location; and (5) placement of the equipment in a cargo container for transportation?

A2. In the scenario, the personnel who disassemble the equipment, decontaminate the equipment, and transfer the equipment to the packaging location are not considered hazmat employees and are not subject to the training requirements in § 172.704. Employees performing radiological surveys and employees directing the placement of the equipment in a cargo container are considered hazmat employees and must be fully trained in accordance with the regulatory requirements.

Q3. How do the training requirements apply to the personnel involved in the following operations: (1) collection of waste or other materials from locations throughout the facilities; and (2) movement of previously used "Empty" containers within the facility?

A3. Movement of materials that occurs solely within a contiguous facility boundary where public access is restricted is not subject to HMR requirements; thus, employees who perform functions related to such movement are not required to be trained.

Q4. In accordance with § 172.704(c), a new hazmat employee or a hazmat employee who changes job functions may perform job functions prior to the completion of training provided the employee is under the direct supervision of a properly trained hazmat employee and training is completed within 90 days of employment or the change in job functions. Is this provision also intended to apply to contract personnel employed for periods of less than 90 days or to contract personnel employed for multiple periods of 90 days or less with the same or a different employer?

A4. The provision in § 172.704(c) is intended to apply to contract personnel emp1oy for periods of less than 90 days. Note that the person providing direct supervision must be able to instruct the employee on how to properly perform the hazmat function, must observe performance of the hazmat function, and must be able to take immediate corrective action in regard to any function not performed in conformance with the HMR. The provision in § 172.704(c) is not intended to apply to contract personnel employed for multiple periods of 90 days or less with the same employer. This provision is intended to address short-term employment. Since contract personnel employed for multiple periods of 90 days or less with the same employers retain employment for greater than ninety days (even though they may not be performing the hazmat functions for greater than ninety consecutive clays) and may perform these functions again, they must be properly trained.

I trust this answers your inquiry.

Sincerely,

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

172.407

Regulation Sections