Interpretation Response #99-0162 ([Carib Ex Worldwide] [Ms. Juanita Caban])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Carib Ex Worldwide
Individual Name: Ms. Juanita Caban
Location State: NC Country: US
View the Interpretation Document
Response text:
November 30, 1999
Ms. Juanita Caban Ref. No. 99-0162
Carib Ex Worldwide
6520 Airport Parkway, Suite 200
Greensboro, NC 27409
Dear Ms. Caban:
This is in response to your letter of June 11, 1999, and telephone conversation with Mr. Kevin Patch of the Federal Aviation Administration, requesting clarification on training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you could be responsible for violations of the HMR that occur as a result of your direct supervision of a hazmat employee who has not been trained in compliance with the requirements of 49 CFR Part 172, Subpart H - Training.
Section 172.704 (c) (1) provides that a “new hazmat employee or a hazmat employee who changes job functions may perform those functions prior to the completion of training.” This provision also stipulates that the new employee must be under the direct supervision of a trained and knowledgeable hazmat employee and that the training be completed within 90 days after employment or job function change. The person providing direct supervision must be able to instruct the employee on how to properly perform the hazmat function, must observe performance of the hazmat function, and must be able to take immediate corrective action in regard to any function not performed in conformance with the HMR. If a violation of the HMR occurs, the hazmat company, the direct supervisor, and the supervised employee may be held responsible for the violation.
I hope this answers your inquiry.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
172.702
Regulation Sections
| Section | Subject |
|---|---|
| 172.702 | Applicability and responsibility for training and testing |