Question:

I’ve heard that entry-level driver training (ELDT) will be required as of February 07, 2022 for a driver seeking a hazardous materials (H) endorsement on their CDL for the first time. Can the HazMat Employee training required by PHMSA at 49 CFR 172.704 satisfy this new training requirement?

Answer:

No. First some clarification.

• The Final Rule for ELDT was published December 08, 2016 [December 08, 2016; 81 FR 88732]. It had an initial compliance date of February 07, 2020 but this was later extended to February 07, 2022.
• The rule created new training standards for each of the following:
  • Drivers applying for their CDL for the first time.
  • Drivers applying for an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL).
  • Drivers seeking a hazardous materials (H), passenger (P), or school bus (S) endorsement for the first time.
• Prior to having its compliance date pushed back from 02.07.20 to 02.07.22, FMCSA revised the training requirements for drivers upgrading their CDL from Class B to Class A [March 06, 2019; 84 FR 8029].
• In the consideration of the new rule the Federal Motor Carrier Safety Administration (FMCSA) sought comment on allowing the HazMat Employee training required by the Pipeline and Hazardous Materials Safety Administration (PHMSA) at 49 CFR 172.704 to satisfy the additional training now required for the hazardous materials (H) endorsement on the CDL. After comments were received and considered by FMCSA it answered:

FMCSA concludes that PHMSA’s hazardous materials training requirements in §172.704 may not be used to satisfy the H endorsement curriculum requirements in today’s rule because the PHMSA regulations do not address the CMV-related topics included in the H endorsement curriculum.

So the answer is still no, but now you know why. Even under the new rule, the FMCSA training requirement to obtain the hazardous materials endorsement on the CDL is separate from the PHMSA requirement to provide initial and triennial HazMat Employee training.

Any person with a direct affect on the safe transport of HazMat must receive HazMat Employee training.

And don’t forget: maintenance of the H endorsement on the CDL may fulfill the requirements for Driver Training at §177.816 or it may not.