[slideshare id=20888150&doc=trainingrequirementsforhazmatemployees-130509181403-phpapp01]

[slideshare id=20888150&doc=trainingrequirementsforhazmatemployees-130509181403-phpapp01]

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.

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.

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.