Interpretation Response #10-0225 ([HazMat Resources, Inc.] [Mr. Daniel G. Shelton])

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

Interpretation Response Details

Response Publish Date: 09/22/2011

Company Name: HazMat Resources, Inc.

Individual Name: Mr. Daniel G. Shelton

Location State: TX Country: US

View the Interpretation Document

Response text:

September 22, 2010

Mr. Daniel G. Shelton

President

HazMat Resources, Inc.

124 Rainbow Drive, #2471

Livingston, TX 77399

Ref. No.: 10-0225

Dear Mr. Shelton:

This responds to your letter regarding training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a truck driver who is responsible for loading and unloading hazardous materials from a cargo tank motor vehicle with the power unit attached. Specifically, you are unclear on whether the Occupational Safety and Health Administration (OSHA) or the Pipeline and Hazardous Materials Safety Administration (PHMSA) has jurisdiction over the transportation of hazardous materials in commerce. In addition, you ask if the HMR require:

(1) The hazmat employer to provide the first aid training to this hazmat employee?

(2) The hazmat employer to provide CPR training to the hazmat employee?

(3) The hazmat employer to provide lock out/tag out training to the hazmat employee?

(4) The hazmat employer to provide the hazmat employee a respirator, perform fit testing, have a medical monitoring program and be required to determine at a loading or unloading facility if the airborne concentration identified on the material safety data sheet is above the "Time Weighted Average" (TWA) and instruct the hazmat employee to don the respirator?

(5) If this hazmat employee loaded, transported, or unloaded Anhydrous ammonia, would OSHA or PHMSA require the hazmat employer to provide the hazmat employee a respirator, perform fit testing, have a medical monitoring program and be required to determine at a loading or unloading facility if the airborne concentration identified on the material safety data sheet is above the Time Weighted Average (TWA) and instruct the hazmat employee to don the respirator.

First, in response to your OSHA/PHMSA jurisdiction question " both PHMSA and OSHA have authority over the handling of hazardous materials in transportation. This authority is granted to PHMSA by 49 U.S.C. §§ 5103; 5106 and to OSHA through 49 U.S.C. § 5107(g)(2). The HMR applies to the transportation of hazardous materials in intrastate, interstate, and foreign commerce.

For example, under the HMR, a cargo tank must be attended by a 'qualified' person at all times when it is being loaded or unloaded. The person who is responsible for loading the cargo tank is also responsible for ensuring that it is so attended (§177.834(i)). A person is qualified if they have been made aware of the nature of the hazardous material (e.g., Anhydrous ammonia) being loaded or unloaded, have been instructed on emergency procedures, are authorized to move the cargo tank, and have the means to do so (§177.834(i)(4)). The attendee (i.e., qualified person) must also meet the prescribed hazmat employee training requirements of Part 172, Subpart H, which require general awareness, function-specific, safety, and security awareness training.

Second, in response to your questions regarding training " all of the training in question may be required. This decision is based on the functions performed by the hazmat employee. Training conducted by employers to comply with the hazard communication programs required by OSHA (29 CFR 1910.120 or 1910.1200) or other mandated training requirements may be used to the extent that such training satisfy the general awareness, function-specific, safety, and security awareness training requirements (See §172.704(b)).



For further information regarding OSHA"s policies or training programs please access their website at www.dol.gov, or contact OSHA"s Outreach Training Program via email at outreach@dol.gov, or by phone at (847) 725-7810. Please send written correspondence to:

Director

OSHA Office of Training and Educational Programs

2020 S. Arlington Heights Road

Arlington Heights, IL 60005-4102

I hope this information is helpful. If we can be of further assistance, please contact us.

Sincerely,

Ben Supko

Acting Chief, Regulations Development

Standards and Rulemaking Division

177.834, 172.704(b)

Regulation Sections