{"operation":"document","citation":"00-0281","title":"Oshkosh Truck Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-11-07","effective_on":null,"summary":"00-0281 response to Oshkosh Truck Corporation concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0281.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0281.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0281","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000281.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street. S.W\nWashington, D.C\n20590\nResearch and\nSpecial Programs\nAdministration\nNOV\n7 2000\nMr. James T. Van Sistine\nDirector, Defense Programs\nRef. No. 00-0281\nOshkosh Truck Corporation\nP.O. Box 2566\nOshkosh,\nWI\n54903-2566\nDear Mr. Van Sistine:\nThis is in response to your September 29, 2000, letter regarding\nthe training requirements of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you request\nclarification on whether all your employees\ntraining.\nwould require DOT\nA hazmat employee is a person employed by a hazmat employer and\nwho in the course of employment directly affects hazardous\nmaterials transportation safety (see § 171.8). In other words, a\nperson who performs duties that are regulated\nconsidered to be a hazmat employee.\nunder the HMR is\nhazmat employee to receive general\nSection 172.704 requires a\nawareness, function specific,\nrepairs,\nsafety training. Under $ 172.704(e), a hazmat employee who\nmodifies, reconditions, or tests packagings as qualified\nfor use in the transportation of hazardous materials, and who\ndoes not perform any other function subject to the HMR, is not\nsubject to the safety training requirement of § 172.704 (a) (3).\nmanufacturing and testing DOT specification cargo tanks is a\nAn employee who periorms functions subject to the HMR, such as\nhazmat employee.\nAny employee who performs a function covered by\nthe HMR, e.g., manufactures and tests packagings as qualified for\nuse in the transportation of hazardous materials, is a hazmat\nemployee and therefore must be trained.\nI hope this satisfies your request.\nSincerely,\nTransportation Regulations Specialist\nOffice of Hazardous Materials\nStandards\n\n<<<PAGE 2>>>\n\nOSHKOSH TRUCK CORPORATION\n150 9001 CERTIFIED\n2307 OREGON STREET\nPOST OFFICE BOX 2566\nOSHKOSH, WISCONSIN 54903-2566\nBAH'S\nMOSH\n920-235-9151\n@/72.704(d)\nResearch And Special Programs Administration\n400 7th Steet Southwest\n177.8\nWashington, DC, 20590\nDept: DHM-11, Attention Delmer Billings (Standards)\nTraining\nSeptember 29, 2000\n00-0-281\nSubject:\nHAZMAT Training request for clarification.\n171.8 Definitions and abbreviations\nHazmat employee, Hazmat employer\n172.704 (d) Record keeping\nClarification:\nDuring a recent DOT audit at the Pierce Manufacturing (Division of Oshkosh Truck\nCorporation) Bradenton Florida facility, Special Agent W.F. \"Bill\" Tyner, wrote up a\nviolation to \"172.704 (d) Record keeping\" against the Bradenton facility. Bill Tyner\nstated that the regulation (171.8 Hazmat employee, Hazmat employer) states that all\npeople involved with the manufacture (fabrication, welding, painting etc) and testing of\nthe cargo tank need to be Hazmat trained.\nBradenton does have records for the people that are Hazmat trained and there are records\nfor these people, but there are only four people trained in the facility, none of which work\nank (manufacture) do have general Hazmat training and know whom to call if there is\nirectly on the cargo tank. The Bradenton facility people working directly on the carg\nall new employees receive.\nHazmat issue/spill, but there are no records, other than incoming training procedures that\nThe Hazmat training at Oshkosh Truck, Oshkosh Wisconsin is similar to that at\nBradenton. There are a number of people that have full documented Hazmat training, but\nthe general assembly population and truck testers do not have full, documented Hazmat\ntraining. The general assembly population and truck testers know how to handle a small\nspill and know whom to call in the event of a major Hazmat issue.\nBill Tyner's position is that the regulation 171.8 Hazmat employee and Hazmat employer\nrequires all people involved with the manufacture, assembly and test of the cargo tank\nand cargo tank truck to be fully HAZMAT trained including documented (records on\nfile).\n\n<<<PAGE 3>>>\n\nI request a clarification to the regulation in the requirements for Hazmat training. I can\nsee the point in having some people at a manufacturer fully Hazmat trained but can not\nbelieve that everyone needs this training. I contend that it is allowed to have a situation\nthat allows for a small number of the entire population (at a facility) be fully trained. The\nrest of the population should be sufficient with little to no training other than an\nawareness of the Hazmat placards and meanings or where to go for assistance in\nidentifying the hazards.\nBackground:\nOshkosh Truck Corporation provides a diesel fuel cargo tank truck to the U.S. Army,\ndesignated the HEMI1 (Heavy Expanded Mobility Tactical Truck) M978. The diesel\nfuel cargo tank is 2,500 gallon capacity and is mounted to the truck. The truck is a highly\nmobile tactical on/off road truck. The Cargo tank is made in accordance with DOT 406\n(49CFR Chapter 1, 178.345).\nThe cargo tank is manufactured (fabricated, welded tested, painted) at the Pierce\nManutacturing (Division of Oshkosh Truck Corporation) located in Bradenton Florida.\nAs part of the testing performed at Bradenton, they perform a leak test with Diesel fuel in\nthe cargo tank to ensure that the manhole cover and outlets do not leak along with a\nhydrostatic test in accordance with 178.345-13.\nThe cargo tank is then shipped to the Oshkosh Truck, Oshkosh Wisconsin facility for\nfinal installation on to the truck chassis. The final cargo tank truck is then filled with\ndiesel fuel and flow tested for proper performance.\nI request that you call or write with any further questions regarding the clarification\nrequest and/or respond to me in writing with your position on this item.\nThank you for your attention to this matter,\nJames I. Van Sistine\nDirector, Defense Programs\nOshkosh Truck Corporation\nP.O. Box 2566\n2307 Oregon Street\nOshkosh, WI 54903-2566\n920-233-9691 Phone\n920-233-9540 Fax\n\n<<<PAGE 4>>>\n\n§ 172:704 Training requirements.\n(e) Hazmat employce training shall include the following:\n§172.704\nemployee shall be provided general awareness/familiarization training\n(1) General awareness/familiarization training. Each hazmat\n(c) Initial and recurrent training.-(1) Initial training. A new hazmat\ndesigned to provide familiarity with the requirements of this subchapter,\nemployec, or a hazmat employee who changes job functions may per-\nand to enable the employee to recognize and identify hazardous materi-\nform those functions prior to the completion of training provided-\nals consistent with the hazard communication standards of this subchapter.\n(i) The employee performs those functions under the\nbe provided function-specific training concerning requirements of this\n(2) Function-specific training. (i) Each hazmat employee shall\nployce; and\ndirect supervision of a properly trained and knowledgeable hazmat em-\nwhich are specifically applicable to the functions the employee per-\nsubchapter, or exemptions issued under subchapter A: of this chapter,\nployment or a change in job function.\n(ii) The training is completed within 90 days after em-\nforms.\n(2) Recurrent training. A hazmat employee shall re-\nquirements of this subchapter, training relating to the requirements of\n(i) As an alternative to function-specific training on the re-\nусатв.\nceive the training required by this subpart at least once every three\nthe ICAO Technical Instructions and the IMDG Code may be provided to\n(3) Relevant Training. Relevant training received\n171.12 of this subchapter.\nthe extent such training addresses functions authorized by §$171.11 and\nfrom a previous employer or other source may be used to satisfy the\nrequirements of this subpart provided a current record of training is\nobtained from hazmat employees' previous employer.\ntraining concerning-\n(3) Safety training. Each hazmat employee shall receive safety\n(4) Compliance. Each hazmat employer is responsible\npart 172;\n(1) Emergency response information required by subpart G-of.\nfor compliance with the requirements of this subchapter regardless of\nwhether the training required by this subpart has been completed.\nated with hazardous materials to which they may be exposed in the work\n•ii. Measures to protect the employee from the hazards associ-\n(d Recordkesping. A rocord of current training, inclusive of the preced-\ning three years, in accordance with this section shall be created and\nto protect employees from exposure; and\nplace, including specific measures the hazmat employer has implemented\nretained by each hazmat employer for as long as that employee is\nemployed by that employer as a hazmat employee and for 90 days\nproper procedures for handling packages containing hazardous materials.\n(iii) Methods and procedures for avoiding accidents, such as the\nthereafter. The record shall include:\n(I) The hazmat employee's namc;\n(b) OSHA or EPA Training! Training conducted by employers to comply\ntraining;\n(2) The most recent training completion date of the hazmat employee's\nSafety and: Health Administration (OSFIA) of the. Department of Labor\nwith the hazard communication programs required by the Occupational:\nto meet the requirements in paragraph (2) of this section;\n(3) A description, copy, or the location of the training materials used\n(40:CFR.311.1) to the extent that: training addresscs the traming: spect\"\n(29-CFR 1910.120):or-the. Environmental. Protection: Agercy: (EPA):\n(4) The name and address of the person providing the training; and\nfied in paragraph (a) of this section, may be used to satisfy the training\n25 required by this subpart.\n(5) Certification that the hazmat employee has been trained and tested,\nsary duplication of training\nequirements in paragraph. (a) of this section, in order to avoid unneces:\n(e) Limitation. A hazmat employee who repairs, modifies, reconditions, or\ntests packagings as qualified for use in the transportation of hazardous\nrequirements of this subchapter, is not subject to the safety training\nmaterials, and who does not perform any other function subject to the\nrequirement of paragraph (a)(3) of this section.\nAPPENDIX C-DIMENSIONAL SPECIFICATIONS FOR RECOMMENDED PLACARD HOLDER\nLegend\na/8\nman.\n1/2\n6.3\n12.\n9.5\n314\n,7\n3/18'° Opening\n10 3/4\"' Opening.\nOpening\n3/10'•\n3.\nONUNNN-\n114°. on all\n3/1\n13/16\n5111\na a\nD8 VI Gi\n4 sides\n3/A\n273\n77\n314°\" 11\n12:12\nNata: Round to\n317\nnesrest mr.\n'2 Max.\n38•5\nSECTION A-A\n1/20 R\n5576 Max.\n5' Flet\n514...1\n5/8'\n3/16'\n•3/2\"° Max.\n72 7/2\"\n— 10 316\" Min.\n314.\n- 10 354\" Мл.\nPlacard Outline\n145\n\n<<<PAGE 5>>>\n\nL$171.8\n49 CFR Ch. 1 (10-1-99 Edition)\nelevated temperature materials as de-\nignated as hazardous under the provi-\nsection, materials des-\nnaterials in commerce. This term in-\nludes an individual, including a self-,\nmaterials that meet the defining cri-\nsions of § 172.101 of this subchapter, and\nemployed individual, employed by a\nemployer who, during\nteria for hazard classes and divisions in\ncourse of employment:,\nthe\npart 173 of this subchapter.\n(1) Loads, unloads, or handles haz-\nof this subchapter, means a material,\nHazardous substance for the purposes\nincluding its mixtures and solutions,\nagings as qualitled for use in the trans-\nrepresents containers, drums, or pack-\n§172.101 of this subchapter;\n(1) Is listed in the appendix A to\nportation of hazardous materials;\nwhich equals or exceeds the reportable\n(2) Is in a quantity, in one package,\n(3) Prepares hazardous materials for\nto $ 172.101 of this subchapter; and\nquantity (RQ listed in the appendix A\nporting hazardous materials; or\n(4) Is responsible for safety of trans-\n(1) For radionuclides, conforms\n(3) When in a mixture or solution-\nport hazardous materials.\n(5) Operates a vehicle used to trans-\nparagraph 7 of the appendix A to\nHazmat employer means a person who-\nin a concentration by weight which\n(ii) For other than radionuclides,\nconnection with: transporting\none or more of its employees-in/\nequals or exceeds the concentration\nardous materials in commerce; causins\nrial, as shown in the following table:\ncorresponding to the RQ of the mate-\nhazardous materials to be transporter\nresenting, marking, certifying, selling,\nin commerce;\nRa pounds (kilograms)\nConcertion ty\ntesting, repairing. or modi-\nmanufacturing,\nPercent\nPPM\nfying containers, drums, or packagings\n100,000\nas qualified for use in the transpor-\n20,000\ntation of hazardous materials. This\n10(4.54)\n2,000\nterm includes an owner-operator of a\n1 (0.454)\n0002)\n200\n20\nmotor vehicle which transports haz-\nardous materials in commerce. This\nThe term does not include petroleum,\nterm also includes any department,\nUnited States, a State, a political sub-\nor instrumentality of the\ndivision of a State, or an Indian tribe\nardous\nsubstance in\nappendix A to\nengaged in an activity described in the\nfirst sentence of this definition.\nfusion, gasketing, crimping, or equiva-\nHermetically sealed means closed by\nlent means so that no gas or vapor can\nenter or escape.\nEnergy Agency.\nIAEA means International Atomic\nport Association.\nIATA means International Air Trans-\n78\n\n<<<PAGE 6>>>\n\nM978 Fuel Servicing Truck\nCab Seating: 2 Man\nFuel Capacity: 155 gal (587 liter)\nAxle Configuration: 8 × 8\nCruising Range (GCW): 400 mi (644 Km)\nCurb Weight: 38,200 Ibs (17,300 kg)\nCross Country Avg.\nGross Vehicle Weight Rating (GVWR):\nFording: 48 in (1,219 mm)\n62,000 Ibs (28,123 kg)\nAir Transportability: C130, C141\nGross Combined Weight Rating (GCWR):\nEngine: DDC Model 8V92TA/445 or 450 hp\n100,000 Ibs (45,360 kg)\n12.1 liter\nLength: 400.5\" (10,173 mm)\nTransmission: Allison HT740/4-speed Automatic\nWidth: 96\" (2,438 mm)\nTransfer Case: Oshkosh 55,000/2-speed\nHeight (over spare tire): 112\" (2,845 mm)\nAxles:\nTrack: 77.82\" (1,977 mm)\nFront - Oshkosh 46K\nWheelbase: 210\" (5,334 mm)\nRear - Eaton DS480\nMaximum Speed: 62 mph (100 Kph)\nSuspension:\nTires: 16.00 R20 XZL Michelin w/tubes\nFront - Hendrickson RT340 w/equalizing beam\nRear - Hendrickson RT340 w/equalizing beam\nNumber of Tires: 8 + 1 Spare\nElectrical System: 24V - Start/24 V - Lighting\nOptional Central Tire Inflation\n- 802300077\nBrakes: Drum type, Air actuated S-Cam\nSteering: Power Assist, Front Tandem\nWinch, Self-Recovery: 20,000 Ibs (9,072 Kg)\nWinch, Recovery: N/A\nRetrieval System: N/A\nFLAMMABLE\nNO SMOKING THIN\n50\nFuel Servicing: 2,500 gal (9,464 liter) for gas,\n118 Or\ndiesel and jet fuel\nFifth Wheel Loading: N/A\nLoad Handling System: N/A\nCrane: N/A\nПАТРИСК\n6310)\nFLAMMABLE\n(2845)\nNO SHOKING WITHIN 50 FEET\n1200)\n(2505)\n(118)\n- 762) -\n- 1524)\n- (1524)\n(2105)\n1550)\n- (10075)\nCENTIPED\nISO\n8001\nADVANCING TRUCK TECHNOLOGY\nOSHKOSH\nOshkosh Truck Corporation\n\n<<<PAGE 7>>>\n\n\n\n<<<PAGE 8>>>\n\n.-)\n\n<<<PAGE 9>>>\n\n.:.. .:\n.:%.\n\n<<<PAGE 10>>>","truncated":false,"body_characters":14500}