{"operation":"document","citation":"02-0131","title":"Paul Reamy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-06-27","effective_on":null,"summary":"02-0131 concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0131.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0131.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0131","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020131.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nseciai Program\nministratic\nJUN 27 2002\nMr. Paul Reamy\nReference No.: 02-0131\n504 Misty Lane\nN. Fort Myers, FL 33903\nDear Mr. Reamy:\nThis is in response to your letter requesting clarification of the training requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask if an aircraft\nmechanic under the following scenario is considered a hazmat employee and if so, what type of\ntraining he must receive. You state:\nAn aircraft mechanic removes a part containing a hazardous material from an\naircraft, drains the hazardous material from the part, cleans the exterior, plugs\nopen ports to bring the part into compliance as an inner packaging for hazardous\nmaterials. The mechanic delivers the part to a stock clerk for transportation to a\nrepair facility and informs the stock clerk that the part contains a residue of\nhazardous material.\nAs we stated in our August 8, 2001 letter, an employee's designation as a hazmat employee is the\nresult of the hazmat employer's assignment (explicit or implicit) of job functions to individual\nemployees. In the scenario you describe are two separate bases for considering the mechanic a\nhazmat employee: 1) the mechanic prepares the part as an inner packaging for transportation by\ndraining the part, cleaning the exterior and plugging open ports to prevent escape of the residue;\nand 2) the mechanic is obligated by company procedures to inform the stock clerk that the part\ncontains a hazardous material or residue thereof. Both of these functions directly affect\nhazardous materials transportation safety and, therefore, make the mechanic a hazmat employee\nas defined in § 171.8. As a hazmat employee, the mechanic must be trained in 1) general\nwareness/familiarization; 2) function-specific training; and 3) safety training. In addition,\nazmat employee must receive recurrent training in all three areas at least once every three years\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\nHathe s mitchell\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n111.8\n020131\n\n<<<PAGE 2>>>\n\n:\nCorbin\nApril 24, 2002\n51718\nMr. Edward T. Mazullo, Director\n5172.704\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards, DHIM 10\n400 7\" Street, SW.\nDefinition Training\nWashington, DC. 20590\n02 - 0'\n131\nDear Ed;\nThanks for your August 8, 2001 response to my letter of May 16, 2001 wherein I asked\ntwo questions relating to an aircraft mechanic removing certain parts from an aircraft that\ncontains hazardous material and the required 49 CFR hazardous materials training for\nthat mechanic.\nMy request should have been more specific. This correspondence will do just that. I\nwould like to know if the original response still stands or if you would have responded\ndifferently and if different, what that response would be.\nThe aircraft mechanic in question removes a fuel control valve or other aircraft part that\ncontains a hazardous material from an aircraft. The aircraft mechanic then drains the\nhazardous material from the part, cleans the exterior of the part and plugs open ports to\nbring the part'into' compliance as the innel packaging of hazardous material for\ntransportation to an aircraft repair facility. The mechanic takes the aircraft part that\nfacility. The mechanic must advise the stock clerk that the part contains a residue of\ncontains'a residue of hazardous material to'a stock clerk for trafisportation to the repair\nhazardous material. The stock clerk performs no mechanical function to the aircraft part.\nThe stock clerk will place the part in a shipping container for on- base movement to a\npackaging, marking, labeling and documentation facility for transportation off base.\nBasically the same scenario would apply to any other aircraft part that contains a\nhazardous material, when the part is removed from an aircraft by a mechanic. For\nexample; in the case of a sealed passenger service unit (PSU) containing an oxygen\ngenerator, the mechanic will remove the unit from the aircraft, ensure that the safety's are\nin place or remove the oxygen generator from the sealed unit, take the unit to the stock\nstock clerk when the PSU contains a hazardous material.\nclerk for transportation (as an inter packaging) to a repair facility and must advise the\nQuestions:\n1- Is the aircraft mechanic considered to be a Hazmat Employee as defined in 49CFR\n171.8?\nIf the answer to question 1 is yes, what traning must the arcraft mechanic receive?\n...i:\n\n<<<PAGE 3>>>\n\nEd, I hope this provides you the additional information you need to respond.\nThanks so much for your time in considering these questions and the additional\ninformation. An early response would be appreciated.\nSincerely;\nPaul Reamy\n504 Misty Lane\nN. Fort Myers, Florida 33903\n(239) 656-7005\nFax: (239) 656 0731\nE-mail: thereamys1@aol.com","truncated":false,"body_characters":5035}