Interpretation Response #07-0048 ([JCI Jones Chemicals, Inc.] [Mr. D.L. Casmey ])

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

Interpretation Response Details

Response Publish Date: 04/18/2007

Company Name: JCI Jones Chemicals, Inc.

Individual Name: Mr. D.L. Casmey 

Location State: OH Country: US

View the Interpretation Document

Response text:

Apr 18, 2007

Mr. D.L. Casmey                Reference No. 07-0048
Vice President, Operations & Security
JCI Jones Chemicals, Inc.
2500 Vanderhoof Road
P.O. Box 349
Barberton, OH 44203

Dear Mr. Casmey:

This responds to your recent letter and March 22, 2007 telephone conversation with a member of my staff requesting clarification on the hazmat training and recordkeeping requirements prescribed in § 172.704(a)(5) and (d) and Subpart I of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state your company maintains a copy of its hazmat training materials and resulting employee training records for the current and previous two years at each of its branches, and that it describes its in- depth security training as a “security plan addendum.” You enclosed copies of some your company’s training records. You ask if your company’s hazmat training and recordkeeping practices, including those for security awareness and in-depth security training, comply with the HMR.

The answer is yes. Section 172.704(a)(4) requires all hazmat employees, defined in § 171.8 of the HMR, to be trained and tested by their hazmat employers in accordance with Subpart H of Part 172, and to receive in-depth security training, if applicable, in accordance with Subpart I of Part 172. Section 172.704(d) requires that each hazmat employer create and retain a record certifying each hazmat employee’s current training, including that of the preceding two years, and maintain this record for the duration of the employee’s employment in each applicable hazardous material job function and for 90 days thereafter. No specific format is specified for the testing or certification documentation.

You also state your company provides each of its branch employees with in-depth security training because they affect the safe transport of materials subject to this training listed under § 172.800(b), has done so since December 22, 2003, and maintains a copy of the training materials, employee records, and employee certification at each of its branches. You ask if these practices comply with the HMR’s security training requirements under § 172.704(a)(4) and Subpart I of Part 172. The answer is yes.

You raised several questions about the Federal Railroad Administration’s (FRA’s) inspections and resulting reports of your company’s Caledonia, NY, facility. For more information on rail carrier compliance matters, you may wish to contact Mr. Bill
Schoonover, Staff Director, Hazardous Materials Division, Office of Safety Enforcement, Routing Symbol RRS-12, Federal Railroad Administration, 1120 Vermont Avenue, NW, Washington, DC 20005, (202) 493-6229.

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

172.704 (a)(4)

Regulation Sections