{"operation":"document","citation":"PHMSA Guidance, Hazmat Transportation Training Requirements","title":"Hazmat Transportation Training Requirements","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-10-01","effective_on":"2016-10-01","summary":"Hazmat Transportation Training Requirements Document Hazmat-Transportation-Training-Requirements-0158-1016.pdf (338.3 KB) This brochure describes the training requirements in 49 CFR §172.700-704, including security awareness and in-depth security training requirements for hazmat employers and employees. Frequently asked questions are answered and specific regulations are cited. Issued Date: Saturday, October 1, 2016","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-hazmat-transportation-training-requirements-a1aefe41.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-hazmat-transportation-training-requirements-a1aefe41.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-hazmat-transportation-training-requirements-a1aefe41","source_url":"https://www.phmsa.dot.gov/training/hazmat/hazmat-transportation-training-requirements","body":"Hazmat Transportation Training Requirements\n\nDocument\n\n Hazmat-Transportation-Training-Requirements-0158-1016.pdf (338.3 KB)\n\n        This brochure describes the training requirements in 49 CFR §172.700-704, including security awareness and in-depth security training requirements for hazmat employers and employees. Frequently asked questions are answered and specific regulations are cited.\n\n          Issued Date: Saturday, October 1, 2016\n\n<<<PAGE 1>>>\n\nHAZMAT TRANSPORTATION\nTRAINING REQUIREMENTS\nAn Overview of 49 CFR PARTS 172-173\nWWW.PHMSA.DOT.GOV\nPHMSA | PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\n1\n\n<<<PAGE 2>>>\n\nIn this guide you will find details\non training regulations as well as\ndefinitions of terminology found in\nthe HMR, such as hazmat employer\nand hazmat employee. There are also\nanswers to the most frequently asked\nquestions about hazmat transportation\ntraining requirements. Complying with\nthese regulations can help you transport\nhazmat more safely, and avoid\nunnecessary penalties.\n2\n\n<<<PAGE 3>>>\n\nIT'S THE LAW\nTraining is the best means of preventing, or reducing, hazardous\nmaterials (hazmat) incidents in transportation that are caused by\nhuman error.\nThe Federal hazardous materials transportation law (49 U.S.C. 5101,\net seq.) is the statute pertaining to the transportation of hazmat in the\nUnited States, and requires the training of ALL hazmat employees.\nThe purpose of this training is to increase a hazmat employee’s safety\nawareness and to be an essential element in reducing hazmat incidents.\nThe Hazardous Materials Regulations (HMR) includes training\nrequirements in several sections of Title 49 Code of Federal Regulations\n(CFR) as follows:\n•\n•\n•\nGENERAL §173.1\nSPECIFIC §172.704\nMODAL\n◊ Air §175.20\n◊ Vessel §176.13\n◊ Highway §§177.800, 177.816\nReceiving the required training enhances employee safety and security,\nand increases employee productivity and skills. Effective training also\nreduces incidents and accidents thereby reducing operating costs and\nlosses from property damage, thus increasing profits.\nPHMSA | PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\n3\n\n<<<PAGE 4>>>\n\nHMR TRAINING REQUIREMENTS\nEach hazmat employer must train and test their hazmat employees,\ncertify their training, and develop and retain records of current training.\nHazmat training must include, or be:\n•\n•\n•\n•\n•\n•\ngeneral awareness/familiarization;\nfunction-specific;\nsafety;\nsecurity awareness;\nin-depth security training, if a security plan is required; and\ndriver training (for each hazmat employee who will operate\na motor vehicle).\nFREQUENCY OF TRAINING\nInitial training of new hazmat employees, or an employee who changes\njob functions, must be completed within 90 days of employment or\nchange in job function. A new employee may perform hazmat job\nfunctions before completing training provided the employee does so\nunder the direct supervision of a properly trained and knowledgeable\nhazmat employee.\nRecurrent training is required at least once every three years. The three-\nyear period begins on the actual date of training. Relevant training\nreceived from a previous employer or source may be used to satisfy the\nrequirements provided a current record of training is obtained from the\nprevious employer or other sources.\n4\n\n<<<PAGE 5>>>\n\nTraining conducted by OSHA, EPA, and other Federal or international\nagencies may be used to satisfy the training requirements in §172.704(a)\nto the extent that such training addresses the components specified\nin paragraph (a) of this section (general awareness/familiarization;\nfunction-specific; safety; security awareness; in-depth security training,\nif a security plan is required; and driver training for each hazmat\nemployee who will operate a motor vehicle).\nTRAINING RECORDS\nTraining records must be kept by the hazmat employer for each hazmat\nemployee, and must include the following:\n•\n•\n•\n•\n•\nthe hazmat employee’s name;\nthe completion date of the most recent training;\ntraining materials used (copy, description, or location);\nthe name and address of the hazmat trainer; and\ncertification that the hazmat employee has been trained and tested.\nTraining records must be retained for each hazmat employee for three\nyears from the date of the last training, and for 90 days after the\nemployee leaves.\nPHMSA | PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\n5\n\n<<<PAGE 6>>>\n\nThe following terms are defined in\nsection 171.8 of the HMR. They will\nhelp you better understand the hazmat\ntransportation training requirements—\nparticularly your responsibilities.\n6\n\n<<<PAGE 7>>>\n\nDEFINITIONS\nTraining - a systematic program (consistent approach, testing, and\ndocumentation) that ensures a hazmat employee has knowledge of\nhazmat and the HMR, and can perform assigned hazmat functions\nproperly. See §172.700 through §172.704.\nHazmat employer - a person who uses one or more employees\nregarding:\n•\n•\n•\ntransporting hazmat in commerce;\ncausing hazmat to be transported or shipped in commerce; or\ndesigning, manufacturing, fabricating, inspecting, representing,\nmarking, certifying, selling, offering, reconditioning,\ntesting, repairing, or modifying packagings as qualified for use in\nthe transportation of hazmat.\nThe term “hazmat employer” also includes any department, agency,\nor instrumentality of the United States, a State, a political subdivision\nof a State, or Native American Indian tribe engaged in offering or\ntransporting hazmat in commerce. This term includes a person who\nis self-employed, including an owner-operator of a motor vehicle that\ntransports hazmat in commerce.\nHazmat employee - a person employed by a hazmat employer,\nor person who is self-employed, and who directly affects hazmat\ntransportation safety including:\n•\n•\nan owner-operator of a motor vehicle that transports hazmat;\na person who:\n◊ loads, unloads, or handles hazmat;\n◊ designs, manufactures, fabricates, inspects, tests, reconditions,\nrepairs, modifies, marks, or otherwise represents packagings\nas qualified for use in the transportation of hazmat;\n◊ prepares hazmat for transportation;\n◊ is responsible for safety of transporting hazmat; or\n◊ operates a vehicle used to transport hazmat.\nPHMSA | PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\n7\n\n<<<PAGE 8>>>\n\nFREQUENTLY ASKED QUESTIONS\nQ: A: Q: A: Q: A: Q: A: May hazmat employers/employees train and test themselves (an\nowner-operator)?\nYes, self-training is acceptable provided that all training\nrequirements of §172.704 are met.\nWho certifies that an instructor is qualified to train, test, and\ncertify in accordance with §172.704?\nExcept for certain FAA-required 14 CFR training, the U.S. DOT\ndoes not review or certify training programs for pre-approval\npurposes. The employer must determine a trainer’s\nqualifications based on the employer’s needs.\nDoes the trainer who teaches and tests the hazmat employee\ncertify that the hazmat employee is trained and tested?\nIt is the hazmat employer’s responsibility to ensure that a\nhazmat employee is properly trained and tested; however, the\nhazmat employer may designate an outside source to train, test,\nand certify on his/her behalf that the employee has been trained\nand tested.\nIf a designated outside source trains but does not test the\nemployee, must the employee be tested to complete this training?\nYes. The employee must be tested in order for the training to\nmeet the requirements of the HMR. The hazmat employer is\nresponsible for ensuring each hazmat employee is trained and\ntested.\n8\n\n<<<PAGE 9>>>\n\nQ: A: Q: A: Q: A: Q: A: Must the test be in a written format or may a skill demonstration\nbe used?\nAny test that ensures that the employee can perform the\nassigned duties in compliance with the HMR is acceptable.\nTraining and testing may be accomplished in a variety of ways:\nperformance, written, verbal, or a combination of these.\nMust the employee “pass” a test?\nThe requirements do not state that the employee must “pass” a\ntest; however, an employee may only be certified in areas in\nwhich he/she can successfully perform his/her hazmat duties.\nDoes IMDG Code, ICAO Technical Instructions, OSHA, or EPA\ntraining fulfill the HMR requirements?\nThis training may be used to the extent that the general\nawareness, function-specific, safety, and security training\nand testing requirements of the HMR are met. Areas not\ncovered will require additional training.\nWho will enforce the training requirements in §172.704?\nEnforcement is the responsibility of each U.S. DOT modal\nadministration. Compliance or noncompliance with the training\nrule will be determined during safety and compliance reviews of\nshippers, carriers, and package manufacturers.\nPHMSA | PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\n9\n\n<<<PAGE 10>>>\n\nQ: A: Q: A: Q: A: Q: A: Q: A: 10\nWhat type of fines would be involved?\nViolations of any hazmat regulations including training may\nbe subject to a civil penalty of up to $77,114 for each violation.\nIf the violation results in death, serious illness, or severe injury\nto any person or substantial destruction of property, the\nmaximum civil penalty is $179,933. The minimum civil penalty\namount for a training violation is $463. Criminal violations\nmay result in fines, imprisonment, or both. (See 49 CFR §107.329\nand §107.333.)\nAn office secretary types the required hazmat description on a\nshipping paper at the direction of another, item by item. Is the\nsecretary considered to be a hazmat employee requiring\ntraining?\nYes. Any person who performs a function subject to the\nHMR must be trained, except for special circumstances\naddressed by §172.704(e).\nDo the hazmat training regulations apply to foreign flag vessels\ncarrying hazmat?\nYes. The regulations apply to each non-bulk domestic and\nforeign vessel while operating in navigable waters of the United\nStates.\nDo the hazmat training regulations apply to hazmat employers\nand/or employees who operate a bulk vessel transporting\nhazmat?\nNo. Except for transportation in bulk packagings, the bulk\ncarriage of hazmat by water is governed by 46 CFR Chapter I,\nSubchapters D, I, N, and O. See 49 CFR §176.5(d).\nIs a ship’s master a hazmat employer?\nNo. The ship master is a hazmat employee; the operator of the\nvessel is the hazmat employer.\n\n<<<PAGE 11>>>\n\nQ: A: Q: A: Q: A: Does a Commercial Driver’s License (CDL) with HM/tank\nvehicle endorsement satisfy requirements?\nA hazmat employer must determine applicability of CDL to\nthe specific functions the employee performs and provide\ntraining for functions not covered by the endorsement.\nDoes an individual (non-business/private citizen) need hazmat\ntraining to ship via common carrier (UPS, Fed EX, etc.)?\nNo. Individuals shipping hazmat by common carrier are not\nrequired to meet the training requirements under 49 CFR Part\n172 Subpart H unless they are a “hazmat employee” as defined\nin §171.8; however, they are responsible for ensuring that the\nshipment is prepared in accordance with the Hazardous\nMaterials Regulations.\nOur hazmat employees have training to ship materials by\nground. Are they authorized to ship packages by air or water,\nalso?\nNo. Hazmat employees that usually prepare shipments for\ntransportation via highway may not have sufficient training\nto ship hazmat via other modes of transportation. Trained\nhazmat employees should be generally aware of the requirements\nfor shipping hazmat via all modes of transportation, but may\nneed additional function-specific training (i.e., modal-specific\ntraining) in order to comply with the HMR.\nPHMSA | PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\n11\n\n<<<PAGE 12>>>\n\nFor additional information contact:\nThe Hazardous Materials Info Center\n1-800-HMR-4922\n(1-800-467-4922)\nEmail: infocntr@dot.gov\nhttp://hazmat.dot.gov\nPipeline and Hazardous Materials Safety Administration\nOutreach, Training, and Grants Division\nEast Building, 2nd Floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nEmail: training@dot.gov\n202-366-4900\n202-366-7342 (Fax)\nPHH50-0158-1016\n12","truncated":false,"body_characters":11975}