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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #16-0033 ([Mr. Daniel A. Justis])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Daniel A. Justis

Location State: OR Country: US

View the Interpretation Document

Response text:

June 22, 2016

Mr. Daniel A. Justis
Marine Assurance Coordinator
Foss Maritime Company
9030 NW St. Helens Road
Portland, OR 97231

Ref. No.: 16-0033

Dear Mr. Justis:

This letter is in response to your February 24, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to training requirements for employees. Specifically, you ask if your employees who secure rail cars containing hazardous materials on barges are considered hazmat employees and thus require hazardous materials training.

The answer is yes. Except as provided in § 172.704(c)(1), a hazmat employee who performs any regulated function must be trained in the HMR requirements applicable to that function (see § 172.702(b)). Common examples of regulated functions include: (1) determining the hazard class of a material; (2) selecting an appropriate packaging; (3) filling or securing a package containing a hazardous material; (4) securing packaging closures; (5) marking and labeling a package; and (6) preparing shipping papers. In the scenario you provided, the employees are securing a package containing a hazardous material for shipment and are, therefore, subject to the training requirements.

I hope this information is helpful. Please contact us if we can be of further assistance.



T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.704(c)(1), 172.702(b)

Regulation Sections

Section Subject
178.337-9 Pressure relief devices, piping, valves, hoses, and fittings