{"operation":"document","citation":"02-0050","title":"Mr. William K. Taggart, CET — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-05-31","effective_on":null,"summary":"02-0050 response to Mr. William K. Taggart, CET concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0050.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0050.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0050","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020050.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nAdministration\nSpecial Programs\nMAY 3 1 2002\nMr. William K. Taggart, CET\nLion Technology, Inc.\nReference No.: 02-0050\nP. O. Drawer 700\nLafayette, New Jersey 07848\nDear Mr. Taggart:\nThis is in response to your letter regarding §§ 172.704 and 172.204(d) of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if an individual who\nhazmat transportation.\nsigns the shipper's certification required under § 172.204(a) must be trained in all phases of\nYour understanding is correct. The training requirements apply to hazmat employees who\nperform any function subject to the requirements of the HMR (§ 172.704(b)); this includes an\nemployee who signs a shipping paper certification. Since the employee certifies that the\nmaterials are properly classified, described, packaged, marked and labeled and in proper\ncondition for shipment, the employee must receive function specific-training that ensures they\nare knowledgeable in those areas and can determine that a shipment is in compliance with the\nrequirements of the HMR, in addition to general awareness/familiarization and safety training.\nI hope this satisfies your request.\nSincerely,\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n172,704\n020050\n\n<<<PAGE 2>>>\n\n:\nCorbin\n3172: 704\nLION\nTECHNOLOGY INC.\nP.Q. Drawer 700\nTraining\n• (201) 383-0800\nLafayette, Now Jersey 07848 0 2-0050\nJanuary 10, 2002\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 7th Street S.W.\nWashington, D.C. 20590-0001\nRE: Shipping Paper Certification - Training for Signers\nDear Mr. Mazzullo:\nLion Technology Inc. has been providing hazardous materials transportation\nLion currently conducts over 60 two-day hazardous materials transportation training\ntraining for nearly 25 years. Since 1978, we have trained tens of thousands of people.\nworkshops per year, nationwide. We have always endeavored to provide our students\nwith regulatory training that is as technically correct as we can possibly make it. Since we\nare training thousands of people per year, we feel it is very important that what we teach\nthem is aligned with current DOT interpretation.\npromulgation of the \"hazmat employee\" training requirements under HM-126F.\nWe are requesting confirmation of a particular interpretation pursuant to the\nwhat training is required for someone who signs the certification on a DOT shipping\nOne of the more common questions asked by our clients and students is exactly\npaper or hazardous waste manifest. It is clear that any person who signs a shipper's\ncertification is subject to the \"hazmat employee\" training standard of 49 CFR 172\nSubpart H... RSPA has clearly stated this in interpretive letters. However, the question\nthat these people are ultimately getting at is \"specifically, what must their training\ncover?\"\nLion has always understood that the person who signs a shipping paper is\nper the ebie to make the such etion repress in at the material is propen order for a\npackaged, marked, labeled, described, and \"in all respects\" in compliance, that their\ntraining must cover all of these aspects of the HMR.\nIn other words, you can't certify that something is \"right\" and in compliance with\nthe regulations, unless you know what \"right\" is. Therefore, our understanding is that a\nPage 1 of 2\n\n<<<PAGE 3>>>\n\nMr. Edward T. Mazzullo\nTraining for shipping paper signers\nPage 2 of 2\nJanuary 10, 2002\nperson whose sole hazardous materials transportation function is to sign shipping papers\nwould need to have training such that they are able to determine if a material is properly\nclassified, packaged, marked, labeled, placarded, prepared, loaded and described on the\nshipping paper.\nPlease confirm that this continues to be RSPA's interpretation.\nThank you for your attention to this matter, and I look forward to your response.\nSincerely,\nLion Technology, Inc.","truncated":false,"body_characters":4013}