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.

Q&A: Are these HazMat Employees?

A question from an employee of a utility district (01.20.17):

A municipal utility district uses chlorine cylinders to treat drinking water. The cylinders are leased and returned to the vendor for refill with a small amount of residual chlorine under pressure.

In your opinion would any of these activities define the municipal utility district employees as an offer/shipper under DOT rules requiring triannual training?

-Disconnecting cylinders from the treatment process
-Marking the cylinders as “empty”
-Affixing the correct cap to the cylinder
-Moving the cylinder to a desgnated location for pickup by the vendor
-Inspecting cylinders for damage prior to movement into the designated area

Thanks

Before I had a chance to reply he added this:

I wanted add one more employee activity to the scenario I emailed earlier.

-Employees inspecting cylinders for damaged hazmat labels and affixing a replacement label.

Thanks

My reply that same day:

OK, that’s a really good question(s) and one that may not have a clear-cut answer, but I will do my best.  Please see below:

  • Triennial training is required per PHMSA/USDOT regulations for HazMat Employees.
  • HazMat Employee is defined at 49 CFR 171.8 as someone who directly affects the safe transportation of hazardous materials.  This includes loading and unloading HazMat and preparing HazMat for transportation.  This PowerPoint presentation of mine may help:  Who is a HazMat Employee and What Training is Required?
  • My opinion of your activities related to HazMat Employee status (“N/A” = not applicable to HazMat Employee status):
    • Disconnecting cylinders from the treatment process.  N/A
    • Marking the cylinders as “empty”.  N/A
    • Affixing the correct cap to the cylinder.  N/A
    • Moving the cylinder to a designated location for pickup by the vendor. N/A unless it is considered to be preparation for transportation.
    • Inspecting cylinders for damage prior to movement into the designated area.  Possibly HazMat Employee if this is an inspection to ensure they are OK for transportation.  N/A if inspection is not related to preparation for transportation.
    • Employees inspecting cylinders for damaged hazmat labels and affixing a replacement label.  This is definitely an activity of a HazMat Employee.

You may also be interested in the Government Employee Exemption.Sign, reserved parking, government employee only

I hope this helps.
Please don’t hesitate to contact me with any other questions.
Me checking in a few days late (01.25.17):
I hope I answered your question completely.

Please let me know if I can be of any other assistance to you.

His reply with an interesting insight:
Thank you.  I believe a lot of utility districts do not understand how broad the scope of the DOT requirements actually are and mistakenly believe they are exempt.

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/

My comments:

How true!  I believe that only a small fraction of persons are aware of their responsibility as HazMat Employees to be trained and as HazMat Employer to provide initial and triennial training to their HazMat Employees.
Please don’t hesitate to contact me if you have any questions about your responsibilities under the Hazardous Materials Regulations of the PHMSA/USDOT.
Quick Take: Modal-Specific Training Requirements of the Hazardous Material Regulations

Quick Take: Modal-Specific Training Requirements of the Hazardous Material Regulations

The requirement for initial and triennial training of HazMat Employees can be found within the Hazardous Materials Regulations (HMR) at 49 CFR 172, subpart H. Requirements include:

  • Provide initial training within ninety (90) days of employment as a HazMat Employee or change of job function to those of a HazMat Employee.
  • Prior to receiving initial training HazMat Employee must be under the direct supervision of a trained and knowledgeable person while performing the job function of a HazMat Employee.
  • Recurrent training must be provided within three (3) years of the initial training date.
  • HazMat Employee training must include the following:
    • General Awareness/Familiarization
    • Function Specific Responsibilities
    • Safety
    • Security General Awareness
    • In-Depth Security (if applicable)
    • Safe Driver (if applicable)
  • HazMat Employee training must include a test.

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 you may not know is that there are other training requirements specific to persons who transport HazMat by a particular mode of transportation.  These are identified below.

  • 49 CFR 175.20: each HazMat Employee involved in the transportation by air of a HazMat must receive HazMat Employee training and the training required by 14 CFR parts 121 and 135.
  • 49 CFR 177.800 and §177.816: each HazMat Employee that operates a motor vehicle over a public roadway for the transport of HazMat must receive HazMat Employee training as well as training on the following:
    • The requirements of §177.
    • The applicable regulations of the Federal Motor Carrier Safety Administration (FMCSA) for the operation of a commercial motor vehicle at §390 through §397.
    • Driver training must include the subjects specified at §177.816.
 

Read:  Driver Training Requirements of the USDOT
  • 49 CFR 176.13: each HazMat Employee involved in the transportation of a HazMat by vessel must receive HazMat Employee training as well as receive training on the applicable requirements of §176.
  • Interestingly, there are no modal-specific training requirements for the transportation of HazMat by rail within the HMR.

The above training is not required for those who ship or receive hazardous materials but is intended for those who take part in the HazMat transportation by the particular mode.  For example, the personnel at your shipping dock require solely HazMat Employee training while the truck driver who loads and transports the HazMat to its destination requires HazMat Employee training as well as the modal-specific training requirements of 49 CFR Part 177.

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/

PHMSA Offers One-Day HazMat Transportation Training Workshops in 2015

Logo for the Pipeline and Hazardous Materials Safety Administration (PHMSA)PHMSA’s Hazardous Materials Safety Assistance Team conducts workshops specialized to meet the needs of industry or the public safety community. These free one-day events are scheduled across the nation (see below).

The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) specify requirements for the safe and secure transportation of hazardous materials in commerce by rail car, aircraft, vessel, and motor vehicle. These comprehensive regulations govern transportation-related activities by offerors (e.g., shippers, brokers, forwarding agents, freight forwarders, and warehousers); carriers (e.g., common, contract, and private); packaging manufacturers, reconditioners, testers, and retesters; and independent inspection agencies.

The HMR apply to each person who performs, or causes to be performed, functions related to the transportation of hazardous materials such as determination of, and compliance with, basic conditions for offering; filling packages; marking and labeling packages; preparing shipping papers; handling, loading, securing and segregating packages within a transport vehicle, freight container or cargo hold; and transporting hazardous materials.

This free one-day workshop provides an overview of how to use the HMR and a summary of many of the requirements found in the HMR which can affect transportation safety to include: Training Requirements, Packaging, Hazard Communications, and Security.

Who should attend?

Cargo Tank Motor Vehicle of UN1206 Heptanes

The loading, unloading, or operation of a motor vehicle containing flammable liquids requires HazMat Employee training.

Anyone who offers or transports hazardous materials in commerce or has a desire to learn more about US DOT’s Hazardous Materials Regulations.

What does it cost?

Nothing.  There is no cost for this one-day workshop on the hazardous material regulations.  It is sponsored by the Pipeline and Hazardous Materials Safety Administration.

Is prior registration required?

Yes, please register yourself and any others you wish to attend with you.  Information about the venues for the workshops and to register can be found here:  Registration page for PHMSA HazMat Transportation One-Day Workshops in 2015.

What information is covered at the one-day workshops?

The transportation workshops provide a basic overview of the regulatory requirements – what they are, how they apply, and how to comply with them, for shipping and transporting Hazardous Materials. The workshops address the same information as the Hazmat Basics track given at the Multimodal Seminars and include overviews of the Training and Security Requirements.

Will attendance at this PHMSA workshop fulfill my HazMat Employee training requirements (initial and/or triennial)?

Likely not, since the PHMSA workshop does not include a test, which is a requirement of HazMat Employee training per 49 CFR 172.702(d).  Also, the requirement to provide Function Specific Training at 49 CFR 172.704(a)(2) may be difficult to meet given the general nature of the PHMSA workshop.  However, a HazMat Employer may use a PHMSA workshop as the basis for his/her HazMat Employee training and may meet the regulatory requirements by providing any additional Function Specific Training that may be necessary and by administering a test (either written or verbal).  The final requirement would be to document the completion of the training per the requirements of 49 CFR 172.704(d).

Where and when are the PHMSA workshops being held?

Currently there are 30 workshops scheduled through September 2015.  Check back to the PHMSA website (Seminars, Workshops, and Meetings) for up-to-date information.

HazMat Employee Training

Good training can prevent fines and ensure compliance with all Federal and State regulations.

These PHMSA workshops are a great learning opportunity for all experience and knowledge-levels of HazMat Employees.  If this isn’t enough for you, consider the PHMSA’s two-day multimodal seminars.  I will definitely attend at least one of these workshops in 2015, and I hope you do as well.  You will likely come away with an improved knowledge of the HMR including the requirement to provide training for all of your HazMat Employees.  That’s where I come in.  Contact me for your mandatory HazMat Employee training and your Hazardous Waste Personnel (RCRA) training as well.

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

How to Identify and Train Your HazMat Employees

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.

 

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.

DOT Requirements for Frequency of HazMat Employee Training

When must you train your HazMat Employees:  How soon after employment begins, and how frequently must you provide refresher training?  Fortunately 49 CFR 172.704(c) provides answers to these questions.

First of all a new hire or one whose job function changes to become a HazMat Employee must receive HazMat Employee Training (see:  The Five Types of HazMat Employee Training) within 90 days.  And, they must be under the direct supervision of a properly trained and knowledgeable HazMat Employee until they receive training.

HazMat Employees must receive full recurrent training (not a refresher, but the full training) at least once every three years thereafter, ie. triennially.  The sole exception to this 3-year cycle is for HazMat Employees who require In-Depth Security Training.  Any time the Security Plan is revised, those HazMat Employees must be trained within 90 days of the implementation of the revised plan.

If your new employee received their HazMat Employee training with a former employer, their previous training will suffice as long as you obtain and maintain a current record of their training.

As the HazMat Employer you are responsible to ensure your HazMat Employees have been trained on the requirements of this part and tested by appropriate means.  You are also responsible for all of the requirements of the Hazardous Material Regulations (HMR) regardless of whether the required training has been completed.

If it’s been more than three years since your last HazMat Employee Training, or you’ve hired new HazMat Employees since your last training, or you’ve just lost track of when training was last completed, you should call me for a free consultation on your training needs.  While we’re talking we can discuss the training requirements of the EPA for your Hazardous Waste Personnel as well.