Interpretation Response #16-0136 ([DuPont Corporation Center for Safety, Health, and Environment (SHE)] [Mr. Kevin Greene])

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

Interpretation Response Details

Response Publish Date: 09/27/2016

Company Name: DuPont Corporation Center for Safety, Health, and Environment (SHE)

Individual Name: Mr. Kevin Greene

Location State: DE Country: US

View the Interpretation Document

Response text:

September 27, 2016

Mr. Kevin M. Greene
Senior Dangerous Goods Consultant
DuPont Corporate Center for Safety, Health,
and Environment (SHE)
974 Centre Road
Wilmington, DE  19805

Reference No. 16-0136

Dear Mr. Greene:

This letter is in response to your August 11, 2016, letter and email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of a “hazmat employee” in § 171.8.  Specifically, you seek confirmation that your company’s Systems Applications and Products/Environmental Health and Safety (SAP/EHS) Software Program Coordinators are not considered hazmat employees under the HMR and, therefore, are not required to receive hazmat training.

You state that your company’s SAP/EHS Coordinators are only responsible for data entry and do not make decisions pertaining to the classification or description of hazard materials.  According to your letter, they receive information from company employees who are hazmat trained in conformance with 49 CFR Part 172, Subpart H, and who classify and describe the hazard materials.  You state the SAP/EHS Coordinators then transcribe and input this information about your company’s hazardous materials shipments into a corporate shipping paper/Safety Data Sheet (SDS) database in a manner that allows it to appear on outbound shipping documents, SDSs, or other corporate documents.  

Your understanding is correct.  A “hazmat employee” is a person who is employed by a hazmat employer or is self-employed and who, in the course of employment, “directly affects hazardous materials transportation safety” (see § 171.8).  If your company’s SAP/EHS Coordinators merely input data (e.g., proper shipping names, classification, authorized packagings) provided to them by a trained hazmat employee of your company, then they are not considered hazmat employees and are not subject to the training requirements in 49 CFR Part 172, Subpart H.  However, if they make determinations concerning regulatory requirements applicable to the hazardous materials to be shipped as part of the performance of their duties, then the SAP/EHS Coordinators are considered hazmat employees and must be hazmat trained.  

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

Sincerely,

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

171.8, 172

Regulation Sections