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Interpretation Response #08-0181 ([Van Duzer Consulting Services] [Mr. Robert Van Duzer])

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

Interpretation Response Details

Response Publish Date:

Company Name: Van Duzer Consulting Services

Individual Name: Mr. Robert Van Duzer

Location State: PA Country: US

View the Interpretation Document

Response text:

July 21, 2009




Mr. Robert Van Duzer

Van Duzer Consulting Services

1339 Broad Run Road

Landenberg, Pennsylvania 19350

Reference No. 08-0181

Dear Mr. Van Duzer:

This responds to your June 30, 2008 letter requesting clarification of the training requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as applicable to temporary hazmat employees. You describe a situation in which temporary employees may be used intermittently, over an extended period of time.

Generally, a "hazmat employee" is any person who is employed on a full-time, part-time, or temporary basis and who, in the course of such employment, directly affects the safety of a hazardous material transported in commerce. A hazmat employee who performs any function that is subject to the HMR requirements must be trained prior to performing that function

(§ 172.702(b)). All personnel are considered hazmat employees at the time they are first employed to perform a regulated hazmat function, even if they are not performing a hazmat function for greater than 90 consecutive days, and must be properly trained within 90 days of the first time they perform this function. This provision also applies to contract personnel or personnel employed directly by a company for periods of less than 90 days, on an intermittent basis, or over an extended period of time.

In accordance with § 172.704(c)(1), the HMR will permit a new employee to perform regulated functions and activities prior to the completion of training provided the employee performs the functions under the direct supervision of a properly trained and knowledgeable hazmat employee and the new employee"s training is completed within 90 consecutive days from the first time they perform a regulated function. "Direct supervision" consists of the

supervising employee instructing the new employee how to properly perform the hazmat function, observing the employee"s performance of the function, and being able to take corrective action with regard to any function not performed in conformance with the HMR.

I trust this answers your inquiry. Please accept my apology for our delay in responding and any inconvenience this may have caused.



Edward T. Mazzullo

Director, Office of Hazardous

Materials Standards

172.702, 172.704

Regulation Sections

Section Subject
172.702 Applicability and responsibility for training and testing
172.704 Training requirements