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Interpretation Response #07-0015 ([EHS Associates, Inc.] [Mr. Byron Snapp])

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

Interpretation Response Details

Response Publish Date:

Company Name: EHS Associates, Inc.

Individual Name: Mr. Byron Snapp

Location State: DC Country: US

View the Interpretation Document

Response text:

Mar 29, 2007

Mr. Byron Snapp                     
Reference No. 07-0015
V.P. Field Operations
EHS Associates, Inc.
3787 River Road N., Suite A
Keizer, Oregon 97303-6382

Dear Mr. Snapp:

This responds to your January 19, 2007 letter concerning responsibility for certifying records of training for hazmat employees under the training requirements in Subpart H of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about training conducted by a contractor on behalf of a hazmat employer.

In accordance with § 172.704(c) and (d), each hazmat employer must certify that each of its employees has been trained and tested within 90 days of employment. While responsibility for providing training rests with the hazmat employer, training may be provided by trade associations, labor unions, or any other organization acting on behalf of the hazmat employer. The hazmat employer must maintain a record of training for each hazmat employee. This record must include the employee's name; the most recent training completion (late of the hazmat employee's training; a description, copy, or the location of the training materials used; the name and address of the person providing the training; and certification that the hazmat employee has been trained and tested. The required training certification may be signed by a representative of the hazmat employer (e.g., General Manager, Shipping Manager, and Personnel Manager) or by an official representing the organization that provided the training on behalf of the hazmat employer.

The term "hazmat employee," as defined in § 171.8 of the HMR, 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 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" for purposes of the HMR.

I hope this information is helpful. If we can be of further assistance, please contact us.


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

172.704(c), 172.704(d)

Regulation Sections

Section Subject
172.704 Training requirements