Oshkosh Truck Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street. S.W Washington, D.C 20590 Research and Special Programs Administration NOV 7 2000 Mr. James T. Van Sistine Director, Defense Programs Ref. No. 00-0281 Oshkosh Truck Corporation P.O. Box 2566 Oshkosh, WI 54903-2566 Dear Mr. Van Sistine: This is in response to your September 29, 2000, letter regarding the training requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on whether all your employees training. would require DOT A hazmat employee is a person employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety (see § 171.8). In other words, a person who performs duties that are regulated considered to be a hazmat employee. under the HMR is hazmat employee to receive general Section 172.704 requires a awareness, function specific, repairs, safety training. Under $ 172.704(e), a hazmat employee who modifies, reconditions, or tests packagings as qualified for use in the transportation of hazardous materials, and who does not perform any other function subject to the HMR, is not subject to the safety training requirement of § 172.704 (a) (3). manufacturing and testing DOT specification cargo tanks is a An employee who periorms functions subject to the HMR, such as hazmat employee. Any employee who performs a function covered by the HMR, e.g., manufactures and tests packagings as qualified for use in the transportation of hazardous materials, is a hazmat employee and therefore must be trained. I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 2OSHKOSH TRUCK CORPORATION 150 9001 CERTIFIED 2307 OREGON STREET POST OFFICE BOX 2566 OSHKOSH, WISCONSIN 54903-2566 BAH'S MOSH 920-235-9151 @/72.704(d) Research And Special Programs Administration 400 7th Steet Southwest 177.8 Washington, DC, 20590 Dept: DHM-11, Attention Delmer Billings (Standards) Training September 29, 2000 00-0-281 Subject: HAZMAT Training request for clarification. 171.8 Definitions and abbreviations Hazmat employee, Hazmat employer 172.704 (d) Record keeping Clarification: During a recent DOT audit at the Pierce Manufacturing (Division of Oshkosh Truck Corporation) Bradenton Florida facility, Special Agent W.F. "Bill" Tyner, wrote up a violation to "172.704 (d) Record keeping" against the Bradenton facility. Bill Tyner stated that the regulation (171.8 Hazmat employee, Hazmat employer) states that all people involved with the manufacture (fabrication, welding, painting etc) and testing of the cargo tank need to be Hazmat trained. Bradenton does have records for the people that are Hazmat trained and there are records for these people, but there are only four people trained in the facility, none of which work ank (manufacture) do have general Hazmat training and know whom to call if there is irectly on the cargo tank. The Bradenton facility people working directly on the carg all new employees receive. Hazmat issue/spill, but there are no records, other than incoming training procedures that The Hazmat training at Oshkosh Truck, Oshkosh Wisconsin is similar to that at Bradenton. There are a number of people that have full documented Hazmat training, but the general assembly population and truck testers do not have full, documented Hazmat training. The general assembly population and truck testers know how to handle a small spill and know whom to call in the event of a major Hazmat issue. Bill Tyner's position is that the regulation 171.8 Hazmat employee and Hazmat employer requires all people involved with the manufacture, assembly and test of the cargo tank and cargo tank truck to be fully HAZMAT trained including documented (records on file).#

Page 3I request a clarification to the regulation in the requirements for Hazmat training. I can see the point in having some people at a manufacturer fully Hazmat trained but can not believe that everyone needs this training. I contend that it is allowed to have a situation that allows for a small number of the entire population (at a facility) be fully trained. The rest of the population should be sufficient with little to no training other than an awareness of the Hazmat placards and meanings or where to go for assistance in identifying the hazards. Background: Oshkosh Truck Corporation provides a diesel fuel cargo tank truck to the U.S. Army, designated the HEMI1 (Heavy Expanded Mobility Tactical Truck) M978. The diesel fuel cargo tank is 2,500 gallon capacity and is mounted to the truck. The truck is a highly mobile tactical on/off road truck. The Cargo tank is made in accordance with DOT 406 (49CFR Chapter 1, 178.345). The cargo tank is manufactured (fabricated, welded tested, painted) at the Pierce Manutacturing (Division of Oshkosh Truck Corporation) located in Bradenton Florida. As part of the testing performed at Bradenton, they perform a leak test with Diesel fuel in the cargo tank to ensure that the manhole cover and outlets do not leak along with a hydrostatic test in accordance with 178.345-13. The cargo tank is then shipped to the Oshkosh Truck, Oshkosh Wisconsin facility for final installation on to the truck chassis. The final cargo tank truck is then filled with diesel fuel and flow tested for proper performance. I request that you call or write with any further questions regarding the clarification request and/or respond to me in writing with your position on this item. Thank you for your attention to this matter, James I. Van Sistine Director, Defense Programs Oshkosh Truck Corporation P.O. Box 2566 2307 Oregon Street Oshkosh, WI 54903-2566 920-233-9691 Phone 920-233-9540 Fax#

Page 4§ 172:704 Training requirements. (e) Hazmat employce training shall include the following: §172.704 employee shall be provided general awareness/familiarization training (1) General awareness/familiarization training. Each hazmat (c) Initial and recurrent training.-(1) Initial training. A new hazmat designed to provide familiarity with the requirements of this subchapter, employec, or a hazmat employee who changes job functions may per- and to enable the employee to recognize and identify hazardous materi- form those functions prior to the completion of training provided- als consistent with the hazard communication standards of this subchapter. (i) The employee performs those functions under the be provided function-specific training concerning requirements of this (2) Function-specific training. (i) Each hazmat employee shall ployce; and direct supervision of a properly trained and knowledgeable hazmat em- which are specifically applicable to the functions the employee per- subchapter, or exemptions issued under subchapter A: of this chapter, ployment or a change in job function. (ii) The training is completed within 90 days after em- forms. (2) Recurrent training. A hazmat employee shall re- quirements of this subchapter, training relating to the requirements of (i) As an alternative to function-specific training on the re- усатв. ceive the training required by this subpart at least once every three the ICAO Technical Instructions and the IMDG Code may be provided to (3) Relevant Training. Relevant training received 171.12 of this subchapter. the extent such training addresses functions authorized by §$171.11 and from a previous employer or other source may be used to satisfy the requirements of this subpart provided a current record of training is obtained from hazmat employees' previous employer. training concerning- (3) Safety training. Each hazmat employee shall receive safety (4) Compliance. Each hazmat employer is responsible part 172; (1) Emergency response information required by subpart G-of. for compliance with the requirements of this subchapter regardless of whether the training required by this subpart has been completed. ated with hazardous materials to which they may be exposed in the work •ii. Measures to protect the employee from the hazards associ- (d Recordkesping. A rocord of current training, inclusive of the preced- ing three years, in accordance with this section shall be created and to protect employees from exposure; and place, including specific measures the hazmat employer has implemented retained by each hazmat employer for as long as that employee is employed by that employer as a hazmat employee and for 90 days proper procedures for handling packages containing hazardous materials. (iii) Methods and procedures for avoiding accidents, such as the thereafter. The record shall include: (I) The hazmat employee's namc; (b) OSHA or EPA Training! Training conducted by employers to comply training; (2) The most recent training completion date of the hazmat employee's Safety and: Health Administration (OSFIA) of the. Department of Labor with the hazard communication programs required by the Occupational: to meet the requirements in paragraph (2) of this section; (3) A description, copy, or the location of the training materials used (40:CFR.311.1) to the extent that: training addresscs the traming: spect" (29-CFR 1910.120):or-the. Environmental. Protection: Agercy: (EPA): (4) The name and address of the person providing the training; and fied in paragraph (a) of this section, may be used to satisfy the training 25 required by this subpart. (5) Certification that the hazmat employee has been trained and tested, sary duplication of training equirements in paragraph. (a) of this section, in order to avoid unneces: (e) Limitation. A hazmat employee who repairs, modifies, reconditions, or tests packagings as qualified for use in the transportation of hazardous requirements of this subchapter, is not subject to the safety training materials, and who does not perform any other function subject to the requirement of paragraph (a)(3) of this section. APPENDIX C-DIMENSIONAL SPECIFICATIONS FOR RECOMMENDED PLACARD HOLDER Legend a/8 man. 1/2 6.3 12. 9.5 314 ,7 3/18'° Opening 10 3/4"' Opening. Opening 3/10'• 3. ONUNNN- 114°. on all 3/1 13/16 5111 a a D8 VI Gi 4 sides 3/A 273 77 314°" 11 12:12 Nata: Round to 317 nesrest mr. '2 Max. 38•5 SECTION A-A 1/20 R 5576 Max. 5' Flet 514...1 5/8' 3/16' •3/2"° Max. 72 7/2" — 10 316" Min. 314. - 10 354" Мл. Placard Outline 145#

Page 5L$171.8 49 CFR Ch. 1 (10-1-99 Edition) elevated temperature materials as de- ignated as hazardous under the provi- section, materials des- naterials in commerce. This term in- ludes an individual, including a self-, materials that meet the defining cri- sions of § 172.101 of this subchapter, and employed individual, employed by a employer who, during teria for hazard classes and divisions in course of employment:, the part 173 of this subchapter. (1) Loads, unloads, or handles haz- of this subchapter, means a material, Hazardous substance for the purposes including its mixtures and solutions, agings as qualitled for use in the trans- represents containers, drums, or pack- §172.101 of this subchapter; (1) Is listed in the appendix A to portation of hazardous materials; which equals or exceeds the reportable (2) Is in a quantity, in one package, (3) Prepares hazardous materials for to $ 172.101 of this subchapter; and quantity (RQ listed in the appendix A porting hazardous materials; or (4) Is responsible for safety of trans- (1) For radionuclides, conforms (3) When in a mixture or solution- port hazardous materials. (5) Operates a vehicle used to trans- paragraph 7 of the appendix A to Hazmat employer means a person who- in a concentration by weight which (ii) For other than radionuclides, connection with: transporting one or more of its employees-in/ equals or exceeds the concentration ardous materials in commerce; causins rial, as shown in the following table: corresponding to the RQ of the mate- hazardous materials to be transporter resenting, marking, certifying, selling, in commerce; Ra pounds (kilograms) Concertion ty testing, repairing. or modi- manufacturing, Percent PPM fying containers, drums, or packagings 100,000 as qualified for use in the transpor- 20,000 tation of hazardous materials. This 10(4.54) 2,000 term includes an owner-operator of a 1 (0.454) 0002) 200 20 motor vehicle which transports haz- ardous materials in commerce. This The term does not include petroleum, term also includes any department, United States, a State, a political sub- or instrumentality of the division of a State, or an Indian tribe ardous substance in appendix A to engaged in an activity described in the first sentence of this definition. fusion, gasketing, crimping, or equiva- Hermetically sealed means closed by lent means so that no gas or vapor can enter or escape. Energy Agency. IAEA means International Atomic port Association. IATA means International Air Trans- 78#

Page 6M978 Fuel Servicing Truck Cab Seating: 2 Man Fuel Capacity: 155 gal (587 liter) Axle Configuration: 8 × 8 Cruising Range (GCW): 400 mi (644 Km) Curb Weight: 38,200 Ibs (17,300 kg) Cross Country Avg. Gross Vehicle Weight Rating (GVWR): Fording: 48 in (1,219 mm) 62,000 Ibs (28,123 kg) Air Transportability: C130, C141 Gross Combined Weight Rating (GCWR): Engine: DDC Model 8V92TA/445 or 450 hp 100,000 Ibs (45,360 kg) 12.1 liter Length: 400.5" (10,173 mm) Transmission: Allison HT740/4-speed Automatic Width: 96" (2,438 mm) Transfer Case: Oshkosh 55,000/2-speed Height (over spare tire): 112" (2,845 mm) Axles: Track: 77.82" (1,977 mm) Front - Oshkosh 46K Wheelbase: 210" (5,334 mm) Rear - Eaton DS480 Maximum Speed: 62 mph (100 Kph) Suspension: Tires: 16.00 R20 XZL Michelin w/tubes Front - Hendrickson RT340 w/equalizing beam Rear - Hendrickson RT340 w/equalizing beam Number of Tires: 8 + 1 Spare Electrical System: 24V - Start/24 V - Lighting Optional Central Tire Inflation - 802300077 Brakes: Drum type, Air actuated S-Cam Steering: Power Assist, Front Tandem Winch, Self-Recovery: 20,000 Ibs (9,072 Kg) Winch, Recovery: N/A Retrieval System: N/A FLAMMABLE NO SMOKING THIN 50 Fuel Servicing: 2,500 gal (9,464 liter) for gas, 118 Or diesel and jet fuel Fifth Wheel Loading: N/A Load Handling System: N/A Crane: N/A ПАТРИСК 6310) FLAMMABLE (2845) NO SHOKING WITHIN 50 FEET 1200) (2505) (118) - 762) - - 1524) - (1524) (2105) 1550) - (10075) CENTIPED ISO 8001 ADVANCING TRUCK TECHNOLOGY OSHKOSH Oshkosh Truck Corporation#

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