HazMat Employee Training

Transportation of Hazardous Materials Between the US and Canada

Persons responsible for the safe transportation of hazardous materials within the U.S., known as HazMat Employees, must receive the training required by the US DOT at 49 CFR 172, Subpart H.  If you only ship hazardous materials domestically, by highway or rail, then this is the only training necessary.

The transportation of HazMat in Canada – known there as dangerous goods – is subject to the regulations of Transport Canada:  The Canadian Transportation of Dangerous Goods Regulations.  Transport Canada has similar training requirements to those of the US DOT for all persons involved in the handling, offering for transport and/or transporting of dangerous goods.  With a few exceptions for differences between the two country’s regulations (see below); both the US DOT @ 171.12 and Transport Canada generally accept compliance with the other’s regulations for transport by highway or rail between the two countries.

This acceptance extends to the allowance of training completed per the regulations of one country (either the US or Canada) to meet the training requirements of the other for the transportation of HazMat/dangerous goods by highway or rail.  In other words, HazMat Employees trained and tested per the requirements of the US DOT may handle, offer for transport, or transport a HazMat/dangerous good into, from, and/or through Canada by highway or rail.  Conversely, a person trained according to the requirements of Transport Canada’s regulations may handle, offer for transport, or transport a HazMat/dangerous good into, from, and/or through the US by highway or rail.  This guidance document from Transport Canada explains their side of this agreement (RDIMS #5907129, June 2010).

Regardless of the understanding between the two countries (limited only to shipments by highway or rail), as the shipper of a hazardous material/dangerous good, it is your responsibility to ensure your compliance with the regulations of the respective national agency.  Below are a few situations where compliance with one nation’s regulations will not suffice for the requirements of the other:

  • A hazardous material/dangerous good forbidden by one country but not by the other.
  • A hazardous material/dangerous good regulated by one country but not by the other.
  • The hazardous material/dangerous good is transported under an exception to the regulations recognized by one country but not the other.
  • Other differences in the regulations.  Example:  The Class 9 placard is required to be used in Canada if applicable, but is not required to be used in the US under any circumstances.

Also please note that an agreement of accepting compliance with another country’s regulations for transportation within another does not exist between the US and Mexico.

Determination of compliance with the regulations, both domestic and international, is your responsibility as the shipper of a hazardous material/dangerous good.  As a HazMat Employer you must also ensure your HazMat Employees are properly trained.  My training will not only meet the regulatory requirements, but it will give you the tools you need to ensure compliance with the regulations, no matter the destination of your hazardous materials.

 

On-Site Training by Daniels Training Services

The last few weeks have been busy, and the next few look to be busy as well (no complaints).  Besides my Public Training Workshops held weekly throughout the year, I have had to provide on-site training, sometimes on short notice.  What is on-site training?  And why does it consume so much of my time?  The answer to the first question is simple:  For one low flat fee, I will bring my high-quality training (DOT HazMat Employee and EPA Hazardous Waste Personnel) to your company or to another location if more convenient for you.  The answer to the second question is due to the extra work that goes into creating on-site training for a facility.  My list of  On-Site Training Benefits below will make this clear.

 On-Site Training Benefits:

  • Eliminate time lost traveling to distant training.  No matter the length of off-site training, you have to assume you will lose an entire day’s productivity if employees must travel.  There is no loss of time when I bring the training to you.
  • Save money on travel, food, and lodging costs.  By having the training at your site, using your existing resources, your ancillary costs are virtually nil.  Having some sandwiches delivered would be nice, though.
  • Flexibility in scheduling.  Need the training to start at 5am and go until 7pm in order to catch all the shifts?  No problem.  Need training on a Saturday?  No problem.  Need more than one day of training?  Again, no problem.  I’ve conducted training in all sorts of circumstances and times.  I understand the needs of production and the difficulty in taking people away from work to attend training.  Let me work with you to ensure you get the training you need without sacrificing production.
  • Site specific training.  I will work with you to construct a training presentation that focuses on the regulations that affect your facility (Federal, State, and local) and ignores those that don’t.  If possible, I tour the site with you the day before the training taking pictures (if allowed) that I incorporate into the training.  The training will inform your employees of the regulations and then reveal how they are (or are not) in practice at your facility.  Both HazMat Employee training and Hazardous Waste Personnel training requires site-specific information in order to be complete, a general overview of the regulations will not do.
  • Employee interaction.  One thing I enjoy about on-site training is when an issue I have brought up spurs discussion among trainees.  If the right mix of managers and shop-floor employees are present a resolution of an issue may result.  Those times I like to stand back and let the discussion proceed, providing direction from the regulations if necessary, the training can wait.
  • Coordination of information.  Nothing is more frustrating than arguments over the regulations due to different trainers providing different opinions.  With on-site training everyone hears the same information from the same source.
  • Answers to your questions.  I won’t pretend I know the answer if I don’t.  Instead I’ll write your question down and get you an answer at a later date.

    The Downside to On-Site Training:

    Well, you don’t have that nice long drive through traffic.  And no overnight stay in a luxury hotel…
    So, with all those benefits and no discernible downside, why not consider on-site training?  Cost for on-site training is low and when you figure in the benefits listed above, you’ll come out way ahead.  Contact me for a free consultation to determine your training needs.

 

Recordkeeping Requirements of the US DOT for HazMat Employee Training

If you train your HazMat Employees triennially as required by US DOT regulations at 49 CFR 172, Subpart H; you are no doubt aware that in addition to training, §172.702(d) requires you to test them on the training requirements found in §172.704(a), these are:

  1. General Awareness/Familiarization
  2. Function Specific
  3. Safety/Emergency Response
  4. Security General Awareness
  5. In-Depth Security (if applicable)

§172.704(d) indicates the records that must be retained to document the successfully completed training:

  • The hazmat employee’s name;
  • The most recent training completion date of the hazmat employee’s training;
  • A description, copy, or the location of the training materials used to meet the requirements in paragraph (a) of this section;
  • The name and address of the person providing the training; and
  • Certification that the hazmat employee has been trained and tested, as required by this subpart.

Notice, there is no mention of the test itself; and indeed, it is not necessary to retain a copy of the test as a record of HazMat Employee training (10-0122).

But what could it hurt?  Why not retain the test with the remainder of the training documentation?  One word:  LITIGATION.  I’m no lawyer, but I’ve been told that if your training is the subject of a legal proceeding, the presence of even a single wrong answer on the test could be used to demonstrate your HazMat Employees were not properly trained.  So, what to do?

  1. Train and test your HazMat Employees triennially.
  2. Retain the records required by §172.704(d) and no more.  Be prepared to provide them if requested by the US DOT.
  3. Ensure that your HazMat Employees get the best training possible.

I can help with all of the above.  Attend one of my training workshops or contact me to provide on-site training for all of your HazMat Employees.  Either way you will receive high quality training at a good price.  And you can decide for yourself what to do with the test.