{"operation":"document","citation":"02-0213","title":"Akzo Nobel Coatings Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-10-23","effective_on":null,"summary":"02-0213 response to Akzo Nobel Coatings Inc. concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0213.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0213.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0213","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020213.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n20590\nSpecial Programs\nIdministration\nOCT 2 3 2002\nMr. Marty Purcell\nRef. No. 02-0213\nAkzo Nobel Coatings Inc.\n2031 Nelson Miller Parkway\nLouisville, KY 40223\nDear Mr. Purcell:\nThis is in response to your August 12, 2002 letter, requesting an opinion concerning the hazardous\nmaterials training requirements under the Hazardous Material Regulations (HMR; 49 CFR Parts 171-\n180). Specifically, you request clarification on whether individuals within your company who order\ncontainers and obtain documentation from the manufacturers of the containers are considered hazmat\nemployees and require training as specified in the HMR.\nAs required in § 172.702(a), a hazmat employer shall ensure that each of its hazmat employees is\ntrained in accordance with the requirements prescribed in this subpart. Hazmat employees are required\nto receive the hazardous materials training found in § 172.704 if they perform a function of a hazmat\nemployee. A hazmat employee who performs any function subject to the requirements of this\nsubchapter may not perform that function unless instructed in the requirements of this subchapter that\napply to that function. A hazmat employee, as defined in § 171.8, means a person who is employed by\na hazmat employer and who in the course of employment directly affects hazardous materials\ntransportation safety. This term includes an owner-operator of a motor vehicle which transports\nhazardous materials in commerce. This term includes an individual, including a self-employed individual,\nemployed by a hazmat employer, who during the course of employment: loads, unloads, or handles\nhazardous materials; manufactures, tests, reconditions, repairs, modifies, marks, or otherwise\nrepresents containers, drums, or packagings as qualified for use in the transportation of hazardous\nmaterials; prepares hazardous materials for transportation; is responsible for safety of transporting\nhazardous materials; or operates a vehicle used to transport hazardous materials.\nIt is the opinion of this Office that if a purchasing agent does not perform any of the functions of a\nhazmat employee and only performs duties such as ordering the containers and obtaining documentation\n020213\n112.704\n\n<<<PAGE 2>>>\n\nfrom the manufacturers of the containers using information provided by a trained hazmat employee, the\npurchasing agent is not required to receive training as specified in the HMR.\nI hope this information is helpful. If we can be of further assistance, do not hesitate to contact us.\nSincerely,\nI276,lo\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nAKZO NOBEL\nIndustrial Finishes\nAugust 12, 2002\nMr Edward T Mazzullo\nDirector of the Office of H/M Standards\nDHM - 10\n400 Seventh Street Southwest\nWashington, DC 20590-0001\nRE: HazMat Training of Purchasing Agents\nDear Mr. Mazzullo:\nAkzo Nobel Coatings Inc is a manufacturer of chemical coatings. A substantial amount\nof our product line is classified as hazardous material and is shipped via bulk and non-\nbulk. The determination of which non-bulk containers to use for shipping is researched\nand decided by Akzo Nobel compliance personnel. The specifications for the various\nresponsible for acquiring the containers.\ncontainers are communicated to the purchasing department and purchasing is\nA question has arisen as to when a purchasing agent is classified as a \"HazMat\"\nemployee and required to have HazMat training. It is our position that individuals who\ncontainers (and not involved with the determination of which containers to use) should\nmerely order containers and obtain documentation from the manufacturers of the\nnot be classified as a HazMat employee. By contrast, if an individual is involved with the\nHazMat employee.\ndetermination of the container to be used, then the individual should be classified as a\nI would appreciate it if you would provide additional clarification/interpretation\nconcerning the classification of a purchasing agent.\nThank you for you time and consideration.\nSincerely,\nMarty Curcell\nMarty Purcell\nAkzo Nobel, Inc.\nCC:\nSam Winkler\nBob Jurczyszyn\n2031 Nelson Miller Parkway\nAkzo Nobel Coatings Inc.\nLouisville, KY 40223\nTel. (502) 254-0470","truncated":false,"body_characters":4254}