Packaging Corporation of America — Hazardous Materials Safety Interpretation

Page 1U.S. Department Research and of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 AUG 2 O 2002 Mr. Robert M. Switzer Ref. No. 02-0172 Technical and Development Center Packaging Corporation of America 250 South Shaddle Avenue Mundelein, Illinois 60060 Dear Mr. Switzer: This is in response to your June 17, 2002 letter, requesting an opinion on hazardous materials training requirements for individuals. Specifically, you question whether individuals engaged in the manufacture of corrugated boxes and marking them with the ORM-D designation are considered hazardous materials employees and require training as specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). It is the opinion of this Office that the individuals as described are hazmat employees and require hazmat training because they perform covered functions; i.e., manufacturing packagings used for hazardous materials and apply markings on the package. As required in § 172.702(a)(b), a hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements prescribed in this subpart. As defined in § 171.8, a hazmat employee means a person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety. The term includes an owner-operator of a motor vehicle which transports hazardous materials in commerce. This term includes an individual, including a self-employed individual, employed by a hazmat employee who, during the course of employment: loads, unloads, or handles hazardous materials; manufactures, tests, reconditions, repairs, modifies, marks, or otherwise represents containers, drums, or packagings as qualified for use in the transportation of hazardous materials; prepares hazardous materials for 172.702 020172#

Page 2• transportation; is responsible for safety of transporting hazardous materials; or operates a vehicle used to transport hazardous materials. A hazmat employee who performs any function subject to the requirements of this subchapter may not perform that function unless instructed in the requirements of this subchapter that apply to that function. I hope this information is helpful. If we can be of further assistance, do not hesitate to contact us. Sincerely, Dule F6Sillo Delmer F. Billings Chief, Standards Development Office of Hazardous Materials, Standards,#

Page 306-17-2002 09:06 Fron-Packaging Corp. of America +8474822100 T-765 P.002/002 F-800 РСИ PACKASIC CORPORATION OF AMERICA Foster June 17, 2002 $172.704 Mr. Ed Mazzullo Director, Office of Hazardous Materials Standard Training 400 7" Street SW U.S. DOT/RSPA (DHM-10) • 02-0172 Washington, DC 20590-001 Dear Mr. Mazzullo: I need an official opinion concerning whether or not individuals engaged in the manufacture and marking of ORM-D corrugated boxes are considered Haz-Mat employees and, therefore, require training. rsweitzer@packagingcorp.com or fax a response to 847-482-2100. Your prompt response would be appreciated. You may e-mail me at Thank you for your help. Sincerely, zusweit Robert M. Switzer Technical and Development Center • 250 South Shaddle Avenue • Mundelein, Illinois 60060 • Tel (847) 482-3000#