{"operation":"document","citation":"01-0024","title":"Grayson Hill Farm — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-02-21","effective_on":null,"summary":"01-0024 response to Grayson Hill Farm concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0024.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0024.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0024","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010024.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C.\nFEB 2 1 2001\nMr. William Horn\nConsultant\nRef. No. 01-0024\n17701 Rivendel Road\nLutz, FL\n33549\nDear Mr. Horn:\nif a person that prepares drums of hazardous waste for shipment\nSpecifically, you ask\nis subject to the training requirements of the HMR.\nGenerally, the HMR requires a hazmat employee to be trained. For\npurposes of the HMR, \"hazmat employee\" means a person who is\nemployed by a hazmat employer and who, in the course of\nemployment, directly affects hazardous materials transportation\nsafety.\n\"Hazmat employer\" means a person who uses one or more of\nhazardous material to be transported or shipped in commerce. See\nits employees in connection with, among other things, causing a\n$ 171.8.\nperform offeror functions, such as preparing a package for\nyou describe, workers at a facility who\nof Part 172 of the HMR.\nshipment, are subject to the training requirements in Subpart H\nshipment. If\nUnder the HMR, there can be more than one offeror for a given\na hazardous waste generator and a waste hauler\nsplit the performance of offeror functions, both the generator\nas offerors.\nand the waste management company are subject to the regulations\nIn the scenario you describe, the workers at the\ngenerator's facility who prepare a package of hazardous waste for\nthe packaging is not overfilled, and securing the closures on the\ntransportation - such as by selecting a packaging, assuring that\npackage -- are performing offeror functions that directly affect\nhazardous materials transportation safety and must be trained,\neven if the waste hauler assumes responsibility for generating a\nshipping paper and certifying that the shipment conforms to HMR\nrequirements.\nIn this case, both the generator and the waste\nhauler are performing offeror functions.\n010024\n\n<<<PAGE 2>>>\n\nThe generator would not be an offeror if it contracted with a\nwaste hauler to perform all offeror functions associated with the\ntransportation of its hazardous waste.\nThe waste hauler would\nbecome the offeror of the hazardous waste and would be\nresponsible for classifying the hazardous waste, selecting\noverfilled, securing the closures on the packagings, marking and\nappropriate packagings, assuring that packagings are not\nlabeling the packages as appropriate, generating shipping papers,\nand training their hazmat employees in accordance with the HMR.\nI hope this satisfies your request.\nSincerely,\nmess\nTransportation Regulations Specialist\nOffice of Hazardous Materials\nStandards\n\n<<<PAGE 3>>>\n\nBAH\nMilliam Morn, Consultant\n8171.8\n17701 Rivendel Road\nLutz, FL 33549\nDefinitions\nuniquhom@mindspring.com\n813) 949-2307\n01 - 0024\nJanuary 19, 2001\nMr. Edward Mazzuloo\nUS DOT RFPA [MS DHM-10]\n400 7h Street, SW\nWashington, DC 20590\nRE: Clarification of the terms Hazmat Employer and\nHazmat Employee Under 49 CFR 171.8\nDear Mr. Mazzloo:\nI am writing this letter as a request for a written response to the above referenced\nclaring to cate elder to drin atic. Please ces of a kind clarice figu the the\nwill also address the questions below.\nTo what activities does the statement \"causing hazardous materials to be transported or\nHazmat Employer (49 CFR 171.8)\nshipped in commerce\" refer? Do you have to be a transporter or be in the business of\ntransporting in some fashion? If a business that generates hazardous waste [i.e. a material |\nthat also meets the definition of a DOT hazardous materiall puts the waste in drums and ?\nhires someone else to ship those drums off-site for disposal, and this is the only\nnazardous material activity at the business; does this company meet the definition of a\nhazmat employer?\nIf an employee is not in a decision making roll, but simply consolidates hazardous\nHazmat Employee (49 CFR 171.8)\ne supervision of a properly trained and knowledgeable supervisor, must that employ\nlaterial Te.g. hazardous waste] in drums and prepares those drums for shipment und\nbe trained as described in 49 CFR 172.704?\nShould you have questions or need additional information, please do not hesitate to\ncontact me at the above phone or email, or on my cell phone at (813) 335-5064. Your\nexpeditious response would be greatly appreciated.\nWilliam C. Horn","truncated":false,"body_characters":4207}