Interpretation Response #98-0500
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
MAR 4, 1998
Mr. Gene Secor
H.B. Fuller Automotive Company
31601 Research Park Drive
Madison Heights, Michigan 48071
Dear Mr. Secor:
This is in response to your letter of November 12, 1997, requesting clarification of the training requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You question the following scenario:
A company is an end-user of hazardous materials and does not perform any activity affecting the transportation safety of the hazardous materials. As the company is solely an end-user, training is not required. However, if the end user unloads hazardous materials (e.g., removes their own consignment) and reloads hazardous materials onto the vehicle, the training regulations would be applicable.
Your opinions in the scenario are correct. As provided in § 172.702, a hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements in Subpart H. Furthermore, the definition of a hazmat employee in § 171.8 means a person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety. This term includes an individual, including a self-employed individual, employed by a hazmat employer who, during the course of employment loads, unloads, or handles hazardous materials. By loading or unloading hazardous materials in transportation, the company's employees meet the definition for hazmat employee and are required to receive appropriate training.
I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact us.
Delmer F. Billings
Chief, Regulations Development
Office of Hazardous Materials Standards
|§ 172.704||Training requirements|