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.

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:

• Issued March 25, 2020, in Washington D.C.
• This notice will remain in effect for 90 days from the date of issuance (June 25, 2020).
• UPDATE: June 24, 2020 USDOT/PHMSA announced and extension of this enforcement discretion until October 31, 2020. Read: Notice of Extension of Enforcement Policy Regarding Training Requirements

Why:

• 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.

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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.