Interpretation Response #98-0326 ([Myers Industries, Inc.] [Ms. Barb Germano])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Myers Industries, Inc.
Individual Name: Ms. Barb Germano
Location State: OH Country: US
View the Interpretation Document
Response text:
March 19, 1999
Ms. Barb Germano Ref. No. 98-0326
Safety & Risk Administrator
Myers Industries, Inc.
1293 South Main Street
Akron, OH 44301
Dear Ms. Germano:
This is in response to your letter -dated October 20, 1998 regarding the training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on whether your employees would require DOT training.
According to the HMR, a hazmat employee is a person employed by a hazmat employer and during the course of his/her employment directly affects hazardous materials transportation safety (see § 171.8). In other words, a person who performs duties that are regulated under the HMR is considered to be a hazmat employee. Section 172.704 requires a hazmat employee to receive general awareness, function specific, and safety training.
Based on the information provided in your letter, your employees perform functions subject to the HMR, such as securing closures on packagings that contain hazardous materials, as evidenced by the signed customer certification which states in part that "all closures are in place and have been secured as required by 49 CFR 173.29(a) and 173.24(b)(1)". Any employee who performs a function covered by the HMR, e.g., secures these closures, is a hazmat employee.
Section 172.704(b) states that training conducted by employers to comply with the hazard communication programs required by the Occupational Safety and Health Administration (OSHA) of the Department of Labor (29 CFR 1910.120), to the extent that training addresses the general awareness, function specific, and safety training, may be used to satisfy DOT training, in order to avoid unnecessary duplication of training.
I hope this satisfies your request.
Sincerely,
John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards
172.702
Regulation Sections
| Section | Subject |
|---|---|
| 172.702 | Applicability and responsibility for training and testing |