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Interpretation Response #08-0141 ([URS Corporation] [Ms. Erin Jarman])

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

Interpretation Response Details

Response Publish Date:

Company Name: URS Corporation

Individual Name: Ms. Erin Jarman

Location State: NC Country: US

View the Interpretation Document

Response text:

August 20, 2008

 

 

 

 

Ms. Erin Jarman

Environmental Scientist

URS Corporation

1600 Perimeter Park Drive

Morrisville, NC  27560

 

Ref. No. 08-0141

 

Dear Ms. Jarman:

 

This responds to your May 12, 2008 letter requesting clarification of the hazmat employee training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you describe scenarios involving employees that fill packagings with hazardous materials intended for transport and ask whether the employees meet the definition of "hazmat employee" in § 171.8 and are subject to training requirements.  

 

You provide the following scenarios:

 

Scenario 1:  A technician is given a small DOT specification cylinder by a trained hazmat employee.  The technician fills the cylinder with a gas sample and then returns the cylinder to a trained hazmat employee who prepares the cylinder with the gas sample for shipment.  The technician has no involvement in the preparation of the cylinder for shipment (e.g., creating a shipping paper) other than filling it with a gas sample.

 

Scenario 2:  A technician is given a bottle by a trained hazmat employee.  The technician fills the sample bottle with a liquid or solid hazardous material and returns the bottle to a trained hazmat employee who prepares the bottle with the sample for shipment.  This technician has no involvement in the preparation of the bottle for shipment (e.g., creating a shipping paper) other than filling it with a sample of a liquid or solid hazardous material.

 

Scenario 3:  An automated process fills and caps bottles with a hazardous material and closes the fiberboard boxes into which the bottles are placed.  The process is completely automated except that employees are tasked with placing the filled and capped bottles in boxes and then routing the boxes along the production line to be closed.

 

All of the employees described in your three scenarios are considered hazmat employees for purposes of the HMR.  As defined in § 171.8, a hazmat employee is a person who, in the course of his or her employment, directly affects hazardous materials transportation safety.  An employee who fills a packaging with a hazardous material or places inner packagings or receptacles into outer packagings is performing a function that directly affects transportation safety and, thus, is subject to the training requirements in § 172.704 of the HMR.  Note that training provided in accordance with standards or regulations of other federal agencies, such as the Occupational Safety and Health Administration or the Environmental Protection Agency, may be used to satisfy the training requirements in § 172.704, provided such training addresses the training components specified in § 172.704(a).

 

I hope this information is helpful.  Please contact us if you require additional assistance.

 

Sincerely,

 

 

 

Edward T. Mazzullo,

Director

Office of Hazardous Materials Standards

 

171.8, 172.704

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.704 Training requirements