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Interpretation Response #09-0154 ([Stresau Laboratory, Inc.] [Mr. Richard Hoff])

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

Interpretation Response Details

Response Publish Date:

Company Name: Stresau Laboratory, Inc.

Individual Name: Mr. Richard Hoff

Location State: WI Country: US

View the Interpretation Document

Response text:

August 17, 2009




Mr. Richard Hoff

Compliance Specialist

Stresau Laboratory, Inc.

N8265 Medley Road

Spooner, WI 54801

Ref. No. 09-0154

Dear Mr. Hoff:

This responds to your letter regarding applicability of the training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether certain company employees are subject to the training requirements of the HMR when performing a limited number of pre-transportation functions in accordance with detailed written instructions.

According to your letter, the employees place hazardous materials in packagings and mark, label, and stencil each packaging as part of the production process. You state that these company employees are not trained as required by the HMR. The preparation of a shipping paper and "final inspection" of the package is, as you state in your letter, performed by company employees that are fully trained in accordance with HMR requirements.

For purposes of the HMR, a "hazmat employee" is a person who, in the course of his employment, directly affects hazardous materials safety and includes an employee who loads, unloads, or handles hazardous materials or prepares hazardous materials for transportation. See § 171.8. Your employees meet the definition for "hazmat employee" in the HMR; thus, in accordance with § 172.702, the employees must be trained. This training must cover the elements in § 172.704. A hazardous material employee who performs any function subject to the requirements of the HMR may not perform that function unless instructed and tested in the requirements of the HMR that apply to that function. See § 172.702(b).

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.702, 171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.702 Applicability and responsibility for training and testing