Interpretation Response #11-0013
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 17, 2011
Mr. John M. Domutz
Manager, Detroit Office
Attn: Mr. Tim Wagner/John Domutz
Transportation Management Group, Inc.
15400 Pearl Road, Suite #200
Strongsville, OH 44136
Reference No. 11-0013
Dear Mr. Domutz:
This is in response to your January 18, 2011 e-mail to Mr. Shane Kelley, International Standards Branch, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration. You ask what time period the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) authorize for recurrent hazardous materials training under the International Maritime Dangerous Goods Code (IMDG Code).
A person who uses the IMDG Code, as authorized under 49 CFR Part 171, Subpart C, for the transport of hazardous materials, must be re-trained at least once every three years in accordance with § 172.704(c). Under § 171.22(g)(2) of the HMR, a person who performs a covered function for hazardous materials shipments offered for transportation or transported in the United States must comply with the training requirements in 49 CFR Part 172, Subpart H, as applicable, including function-specific training in the use of the international transport standards and regulations authorized in § 171.22(a), such as the IMDG Code. In addition, § 18.104.22.168 of the IMDG Code states shore-based employees that are involved in transporting hazardous materials intended for transportation by vessel must receive hazardous materials training that is "commensurate with their responsibilities," including security training prescribed in IMDG Code Chapter 1.4, if applicable. Section 22.214.171.124 also states that hazardous materials training must be "periodically supplemented with refresher training" that takes into account any changes to the regulations or in the practice of carrying them out.
The HMR do not prohibit recurrent training from occurring sooner than three years. Under the training requirements in the HMR, any person who performs a function subject to the HMR may not perform that function unless trained in accordance with the requirements that apply to that function. A hazmat employer must ensure that each hazmat employee is thoroughly instructed in the requirements that apply to functions performed by that employee. See § 172.702(b). Section 172.704(c)(1) requires that a new hazmat employee or a hazmat employee who changes job functions must complete their hazmat training within 90 days after employment or job function change. However, they may perform the job functions prior to the completion of training under the direct supervision of a trained and knowledgeable hazmat employee. When this agency adopts a new regulation or changes an existing regulation that relates to a function performed by a hazmat employee, the hazmat employee must be instructed in the new or revised function-specific requirements as soon as possible without regard to the three-year training cycle. It is not necessary to completely retrain the employee in this instance. Only instruction that is necessary to assure knowledge of the new or revised regulatory requirement is required.
This training requirement would also apply in the case of an amendment to the ICAO Technical Instructions or the IMDG Code when training relating to these standards has been provided as an alternative to function-specific training in accordance with § 172.704(a)(2)(ii) and security training programs required by other Federal or international agencies in accordance with § 172.704(b). While it is not necessary to completely retrain the hazmat employee sooner than the required three-year cycle, the employee must receive the instruction necessary to ensure this person is knowledgeable about the new or revised regulatory requirement.
I hope this satisfies your request.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
|Authorization and conditions for the use of international standards and regulations