Interpretation Response #09-0051
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mr. Arthur Mahoney
MS, CHMM, REA
Hazard Solutions LLC
326 Sonora Drive
San Mateo, CA 94402
Ref. No.: 09-0051
Dear Mr. Mahoney:
This responds to your February 11, 2009, letter requesting clarification of the training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Specifically, you ask if an employee who assembles a package of hazardous materials which he then offers to the shipping department for final closure is subject to training requirements.
According to your letter, employees submit a shipping request to your company"s shipping department describing the hazardous materials they want to ship. The trained shipping department employees provide the packaging materials and instructions (typically provided by the packaging manufacturer) on how to package the hazardous materials. The employees place the hazardous materials in the package as instructed, sealing the primary containers, but leaving the outer packaging unsealed for inspection by the shipping department. You ask if the employees who place the hazardous materials in the package are subject to the training requirements in the HMR.
The answer is yes. Employees who package hazardous materials for transportation are hazardous materials employees, as defined in § 171.8 of the HMR. In accordance with § 172.702, no hazardous materials employee may perform a function subject to HMR requirements unless instructed in the requirements that apply to that function. Specific training requirements are in § 172.704.
I hope this answers your inquiry.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
171.8, 172.704, 172.702