HazMat Employee Training

FAQ: Who must receive HazMat Employee training?

FAQ: Who must receive HazMat Employee training?

Before we begin…
  • The Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) creates and enforces the Hazardous Materials Regulations (HMR) for the transportation of hazardous materials (HazMat) to, from, or through the U.S.
  • According to 49 CFR 171.8 of the HMR, a hazmat employer is “A person who employs or uses at least one hazmat employee on a full-time, part time, or temporary basis.”
  • According to §171.8, a hazmat employee is any employee who is “Employed on a full-time, part time, or temporary basis by a hazmat employer and who in the course of such full time, part time or temporary employment directly affects hazardous materials transportation safety”.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

According to §172.702 of the HMR, “A hazardous materials (HazMat) employer shall ensure that each of its hazmat employees is trained in accordance with the requirements” of the regulations. Training is required for any person engaged in the pre-transportation functions, meaning a function that is required to assure the safe transportation of a hazardous material in commerce, including —

  • Determining the hazard class of a hazardous material.
  • Selecting a hazardous materials packaging.
  • Filling a hazardous materials packaging, including a bulk packaging.
  • Securing a closure on a filled or partially filled hazardous materials package or container or on a package or container containing a residue of a hazardous material.
  • Marking a package to indicate that it contains a hazardous material.
  • Labeling a package to indicate that it contains a hazardous material.
  • Preparing a shipping paper. Including the uniform hazardous waste manifest required by USEPA.
  • Providing and maintaining emergency response information.
  • Reviewing a shipping paper to verify compliance with the HMR or international equivalents.
  • For each person importing a hazardous material into the United States, providing the shipper with timely and complete information as to the HMR requirements that will apply to the transportation of the material within the United States.

Read: Importing Hazardous Materials into the U.S.

  • Certifying that a hazardous material is in proper condition for transportation in conformance with the requirements of the HMR.
  • Loading, blocking, and bracing a hazardous materials package in a freight container or transport vehicle.
  • Segregating a hazardous materials package in a freight container or transport vehicle from incompatible cargo.
  • Selecting, providing, or affixing placards for a freight container or transport vehicle to indicate that it contains a hazardous material.

Interested in a Webinar that covers this topic, and more!

My Webinar Training Schedule

 

USDOT/PHMSA Temporary Relief From Recurrent HazMat Employee Training During COVID-19 Public Health Emergency

The Bullet:

Due to the COVID-19 public health emergency, PHMSA decided to temporarily halt enforcement actions against shippers and carriers that are unable to comply with training requirements included in the Hazardous Materials Regulations (HMR).  The notice is limited to recurrent training requirements and does not apply to all other HMR obligations or applicable laws for hazardous materials shippers and carriers (aka: hazardous materials employers or HazMat Employers.US Government COVID-19

Read the notice

For additional information on PHMSA operations during this public health emergency, please contact phmsapublicaffairs@dot.gov

Who:
  • Notice signed by: William S. Schoonover / Associate Administrator for Hazardous Materials Safety/ Pipeline and Hazardous Materials Safety Administration
  • Enforcement discretion will be exercised by the following which regulate every mode of HazMat transportation (air, highway, rail, & vessel):
    • Federal Aviation Administration (FAA)
    • Federal Motor Carrier Safety Administration (FMCSA)
    • Federal Railroad Administration (FRA)
    • PHMSA
    • United States Coast Guard (USCG)

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
What:
  • PHMSA gives notice that it will not take enforcement action against any HazMat Employer who is unable to provide recurrent training consistent with HMR training requirements.
  • This notice is limited to the recurrent training requirements found in 49 CFR 172. 704(c)(2).  HazMat Employers must comply with all other obligations under the HMR and other applicable laws.
  • Note:  this enforcement discretion applies solely to the requirement to provide recurrent HazMat Employee training at least once every three years pursuant to §172.407(c)(2).  It does not apply to the responsibility of the HazMat Employer to provide initial HazMat Employee training within 90 days of personnel performing a regulated function and to provide for direct supervision of untrained personnel during the 90 day period.  The regulations for initial HazMat Employee training are at 172.704(c)(1).

    I can provide initial and recurrent HazMat Employee training as a webinar.
Where:
  • This enforcement discretion is applicable throughout the U.S. and to any activity subject to USDOT/PHMSA authority.
When:
Why:

UN1789, Hydrochloric Acid Solution

  • PHMSA understands that many HazMat Employers may be experiencing difficulty in either obtaining or providing recurrent training as required by the Hazardous Materials Regulations (HMR, 49 CFR Parts 171-180) due to the COVID-19 outbreak.
How:
  • As the agency with the authority to create and enforce regulations for the transportation in commerce of hazardous materials, USDOT/PHMSA has also the authority to create an enforcement discretion such as this one.
A little something more:

PHMSA reminds HazMat Employers that the HMR does not require training to be provided in a traditional classroom setting or through on-the-job training.  Any method of training delivery, including web based, self-paced computer instruction, remotely delivered classroom instruction, on-the-job training, or some combination of those methods that cover the required elements in 49 CFR 172 Subpart H are acceptable.  PHMSA encourages the utilization of any of these training methods to provide HazMat Employees with appropriate recurrent training even if testing is not possible.

Interested in a Webinar that covers this topic, and more!

My Webinar Training Schedule
Something Else:

The notice twice refers to “recurrent training” and makes no mention of initial training.  Further, the first sentence of the last paragraph reads,

This notice is limited to the recurrent training requirements found in 49 CFR 172. 704(c)(2).

That statement excludes the requirements of 49 CFR 172.704(c)(1) for the HazMat Employer to provide initial training within 90 days of a HazMat Employee performing a regulated function and to ensure the HazMat Employee performs any regulated functions under the direct supervision of a trained and knowledgeable HazMat Employee.

FAQ: Is DOT certification required for a person to provide information in section 14 of the Safety Data Sheet?

Since the advent of the Safety Data Sheet (SDS) – formerly known as the Material Safety Data Sheet (MSDS) – there has been some confusion regarding the use of and authorization of section 14 of the SDS, entitled: Transportation Information.  The name alone seems to indicate that the shipper of a hazardous material may rely on the information in section 14 when making their HazMat Classification.  It would also seem logical then that the person completing section 14 would require HazMat Employee training per 49 CFR 172, subpart H of the USDOT/PHMSA Hazardous Materials Regulations.  This however, is not the case.  See below for my reply to this FAQ.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
  • The SDS is a requirement of the Federal regulations of OSHA (Occupational Safety & Health Administration).
  • Over the past several years OSHA worked with its counterparts in other countries to create a globally harmonized SDS. Therefore, the SDS represents a compromise between U.S. regulations and those of other countries.  Read: Learn more about the Global Harmonization System and revisions to OSHA’s HazCom standard.
  • In some other countries (I don’t know which) all 16 sections of the SDS are authorized (i.e. the information contained in them must be correct and is subject to enforcement if incorrect).
  • Neither OSHA, EPA, nor DOT has authorized sections 12 – 15 of the SDS. Therefore, to the best of my understanding (I am not an OSHA expert), the person providing the information for sections 12 – 15 is not subject to enforcement if the information is incorrect.
  • DOT requires HazMat Employee training for any person whose job responsibilities directly affects the safe transportation of hazardous materials. This includes – but is not limited to – the classification of a hazardous material for transportation.  For more information view: Who or What is a HazMat Employee? And What Training is Required?
  • Since section 14 of the SDS is not authorized by DOT, I don’t believe providing information for section 14 meets the definition of a HazMat Employee. Though, HazMat Employee training is good idea for any such person.
  • Further, if a person performs a HazMat classification for their own purposes (shipping a HazMat), that activity meets the definition of a HazMat Employee and requires training.

Onsite Training in actionSummary:

My recommendation is that anyone involved in the transportation of a hazardous material, including completion of section 14 of the SDS, receive HazMat Employee training every three years.

Training HazMat Drivers in Hijacking Prevention

Training HazMat Drivers in Hijacking Prevention

The Hazardous Material Regulations of the PHMSA/USDOT at 49 CFR 172.704(a)(4) mandate Security Awareness Training be provided to all HazMat Employees with their initial and triennial HazMat Employee Training.  This training should provide an awareness of security risks associated with HazMat transportation and methods designed to enhance transportation security. It must also include a component covering how to recognize and respond to possible security threats.  The purpose of this article is to provide suggested content for Security Awareness Training for HazMat Employees who operate a motor vehicle over a public roadway. (more…)

Who is a HazMat Employer?

The safe transportation of a hazardous material, which includes the time it is loaded or unloaded from a vehicle on your property, requires knowledge of the Hazardous Material Regulations of the PHMSA/USDOT.  This knowledge can come from a variety of sources, but only one is required by the very regulations themselves:  TRAINING.  49 CFR 171.702(a) mandates a HazMat Employer to ensure that each of its HazMat Empoyees is trained and tested according to §172, Subpart H; this means:

49 CFR 172, Subpart H requires training for all HazMat Employees

Are you the HazMat Employer who rented this truck?

  • Initial training within 90 days of employment or applicable activities.
  • Supervised by trained and knowledgeable personnel prior to receiving training.
  • Full recurrent training within three years.
  • Prescribed HazMat Employee training content:
    • General Awareness/Familiarization
    • Function Specific
    • Safety/Emergency Response
    • Security General Awareness
    • In-Depth Security (if applicable)
  • HazMat Employees must be tested.

A later article will look more closely at the identification of a HazMat Employee.  Since all of this is the responsibility of the HazMat Employer, it is imperative that this term is understood first. (more…)

FAQs Regarding the Special Permits and Exemptions of the PHMSA for Hazardous Materials Transportation

The use of Special Permits (formerly known as Exemptions) in the Hazardous Material Regulations (HMR) of the USDOT/PHMSA presents opportunities and challenges for shippers and carriers of hazardous materials.  While they provide an opportunity to transport or offer for transportation a hazardous material in a manner not allowed for in the HMR, they will have requirements all of their own that are in addition to those of the HMR.  One example of this is that anyone who uses a Special Permit in the transportation of a hazardous material must provide additional Function Specific training to their HazMat Employees on the specific requirements of the Special Permit.

Below are some FAQs from the PHMSA website regarding the use of Special Permits for the transportation of hazardous materials. (more…)

Who or What is a HazMat Employee? And What Training is Required?

The Responsibility for Training and Testing of HazMat Employees

A question I am frequently asked is, “Will you certify my HazMat Employees have been trained?” or, “Do you provide HazMat certification for HazMat Employees?” or some variation on this theme.  My answer, unfortunately, does not always satisfy my potential customers because in order to be true to the letter and the spirit of the regulations I must answer them, “No, I cannot certify the training I provide for your HazMat Employees, only you can do that.”  The purpose of this article is to explain my reply, understand better the applicable regulations of the US DOT and maybe win back some of those lost prospects. (more…)

How to Identify and Train Your HazMat Employees

Manufacturers of Hazardous Material Packaging & HazMat Employee Training

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.

WHO…

  • 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.