The regulations of the US DOT that mandate training of HazMat Employees can be found at 49 CFR 172, Subpart H. According to §172.702(a), “A HazMat Employer shall ensure that each of its HazMat Employees is trained in accordance with the requirements prescribed in this subpart.” The full definition of a HazMat Employer can be found at §171.8 and can be summarized as follows:
- A person who employees at least one HazMat Employee as defined at §171.8; or,
- A person who is self-employed transporting materials in commerce; or,
- A department or agency of any Federal or State government or Indian tribe.
- Transports a hazardous material in commerce;
- Causes a hazardous material to be transported in commerce; or,
- “Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests a package, container, or packaging component that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous materials in commerce.”
It is this last category of HazMat Employer that is often overlooked or misunderstood, and so requires further explanation. Based on this definition a HazMat Employer includes…
Someone whose business has anything to do, “designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests…” for any type of packaging, “…a package, container, or packaging component…” that it indicates, “…represented, marked, certified, or sold by that person…” is suitable for the transportation of hazardous materials, “…as qualified for use in transporting hazardous materials in commerce.”
If this is you, then you are a HazMat Employer. As a HazMat Employer you are required to ensure that each of your HazMat Employees are trained and tested. HazMat Employee training must include:
- General Awareness/Familiarization
- Function Specific Responsibilities
- Safety/Emergency Response
- Security General Awareness
- In-Depth Security (if applicable)
However, pursuant to §172.704(e)(1), a HazMat Employee who is only involved in the manufacture of HazMat packagings and does not perform any other regulated function, such as handling hazardous materials in transportation, does not require Safety/Emergency Response training.
Whether you ship or receive hazardous materials, transport hazardous materials, or manufacture hazardous material packaging, you must provide HazMat Employee training every three years. Contact me to provide the required training at a time and place of your choosing and at a price you can afford.