Ogletree, Deakins, Nash, Smoak & Stewart, P.C. — Hazardous Materials Safety Interpretation

Page 1of Transportation US. Department Washington, D.C. Research and Special Programs Administration JUL - 6 2000 Mr. David E. Jones Ref. No. 00-0176 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 600 Peachtree Street Suite 2100 Atlanta, GA 30308 Dear Mr. Jones: This is in response to your letter dated June 6, 2000, regarding the applicability of training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Q1. Must a driver be trained if he will transport Class 9 materials in non-bulk packages? A1. The answer is yes. Section 172.704(a) specifies that all hazmat employees must receive general awareness, function specific and safety training. A hazmat employee is a person employed by a hazmat employer who during the course of his/her employment directly affects hazardous materials transportation safety (see $ 1718). Therefore, a person who performs duties that are regulated under the HMR is considered to be a hazmat employee and must be trained under Part 172, Subpart H. Q2. Who is required to maintain the training records for a driver? A2. Section 172.704(d) requires that a record certifying each hazmat employee's current training be created and retained by the hazmat employer. I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards 172704 000176#

Page 2LAW OFFICES OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 6,00 PEACHTREE STREET ATLANTA, GEORGIA 30308 SUITE 2I00 BAH TELEPHONE (404) 881-1300 FACSIMILE (404) 870-1732 $172.204 E-MAIL: atlanta@odnss.com 00-076 DAVID E. JONES, SHAREHOLDER OTHER OFFICES: david.jones@odnss.com Direct Dial: (404) 870-1752 CHARLESTON, SOUTH CAROLINA BIRMINGHAM, ALABAMA CHICAGO, ILLINOIS June 6, 2000 DALLAS, TEXAS COLUMBIA. SOUTH CAROLINA GREENVILLE, SOUTH CAROLINA NASHVILLE, TENNESSEE HOUSTON, TEXAS Edward Mazzullo, Director WASHINGTON, D.C. RALEIGH, NORTH CAROLINA Office of Hazardous Materials Standards Research and Special Programs Administration U.S. Department of Transportation Washington, D.C. 20590 Re: Request for Written Opinion Dear Mr. Mazzulio: This letter requests the written opinion of your agency on the following issue: When a manufacturer arranges for an outside trucking company to transport a domestic shipment by truck of non- bulk miscellaneous hazardous materials where a Class 9 placard is not required as per 49 C.F.R. 172.504(f)(9), must the driver be certified as having successfully completed HAZMAT employee training in accordance with 49 C.F.R. trucking company responsible for maintaining records of 172.704 and, it so, is the manutacturer or the outside the driver's certification? We would appreciate receiving your agency's written opinion on this matter, with citation to applicable regulations or other authority, at your earliest convenience. Truly yours, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. David E. Jones DEJ/dj Enclosures#