Interpretation Response #98-0117 ([The Andersons, Inc.] [Mr. Jeff Anderson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: The Andersons, Inc.
Individual Name: Mr. Jeff Anderson
Location State: OH Country: US
View the Interpretation Document
Response text:
JUN 17, 1998
Mr. Jeff Anderson Ref. No. 98-0117
Logistics Services Manager
The Andersons, Inc.
P.O. Box 119
Maumee, OH 43537
Dear Mr. Anderson:
This responds to your recent letter concerning training requirements for drivers transporting hazardous materials. Specifically, you asked if a driver with a commercial drivers license (CDL) and either a tank vehicle or hazardous materials endorsement has satisfied the training requirements set forth in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Subpart H of Part 172 specifies that a person who performs any function that directly affects the transportation of hazardous materials is a hazardous material (hazmat) employee and must receive training applicable to those functions. The training requirements for a hazmat employee who also drives a commercial motor vehicle are supplemental to the licensing requirements. General awareness/familiarization training is required for all hazmat employees, and enables drivers to recognize and identify hazardous materials consistent with hazard communication standards. Compliance with the current requirements for a CDL provides employees with general knowledge and skills and may satisfy these training requirements. However, additional specialized training may be necessary depending on the job function and handling requirements for specific hazardous materials.
Drivers transporting hazardous materials that require shipping papers also must receive driver training as required by § 177.816(a) and (b). Section 177.816(c) does not waive these requirements for drivers who have met the current requirements for a CDL with a tank vehicle or hazardous materials endorsement. Rather, § 177.816(c) acknowledges that compliance with requirements for a CDL with a tank vehicle or hazardous materials endorsement provides a driver with the general knowledge and skills necessary to safely operate a commercial motor vehicle with hazardous materials cargo and may satisfy some of the training requirements in § 177.816.
Responsibility for ensuring that the level of training is adequate and appropriate is the obligation of the hazmat employer. In the case of a driver who has a CDL with a tank vehicle or hazardous materials endorsement, the employer must ascertain whether the driver needs additional training to comply with the training requirements of Part 172, Subpart H, and Part 177 of the HMR.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
177.816
Regulation Sections
| Section | Subject |
|---|---|
| 177.816 | Driver training |