CTC Certified Training Co. — Hazardous Materials Safety Interpretation

Page 1of Transportation J.S. Department 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration DEC 17 2002 Mr. Darrell Garton 62537 North Star Dr. CTC Certified Training Co. :: Ref. No. 02-0214 Montrose, CO 81401 Dear Mr. Garton: This is in response to your August 13, 2002 letter concerning training requirements under the Hazardous Materials Requirements (HMR; 49 CFR Parts 171-180). Specifically, you ask if an Independent Inspection Agency (IIA) can remain "independent" after it has performed one of the to that entity. training requirements: that are the responsibility of its client and objectively continue being an ITA Section 172.702(a) specifies that the hazmat employer; as defined in § 171:8, is required to ensure that each of its hazmat employees are trained in accordance with the requirements prescribed in "subpart I of part 172. There are no requirements in this subpart for persons that provide training or specifics on training programs. Thus, an IIA could also be a trainer. involvement with, a cylinder. manufacturer- not cylinder requalifiers. The IIA conflict-of-interest prohibition in § 107.803(b) only applies to control by, or a financial I hope this satisfies your request. Sincerely, Delma Fallo Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards • 172.702 020214#

Page 2Tuesday, August 13, 2002 2:18 PM CTC Seminars 970 240-8146 p.03 CIC Certified Training Co. Montrose, CO USA 81401 62537 North Star Dr Johnsen Tel. (970)240-3391 email: darrell@ cteseminars.com Fax (970)240-8146 $172.704 August 13, 2002 Training Office of Hazardous Materials Don Hilts 02-0214 Washington, DC 20590 St. SW Dear Don, Inspection Agencies (IIA's), as they pertain to cylinder retest facilities. I am writing this letter to request an interpretation on the allowable functions of the Independent requirements of 49 CFR 172.704. Currently there are a number of IIA's who are representing My specific question pertains to the General Awareness and Function Specific training that the training requirement is satisfied during their inspection of the retest facility. There are also some who are performing training seminars for the purpose of satisfying this requirement. whether an IIA can truly remain "independent" after they have performed one of the required My question is not whether an IIA is capable of providing the necessary training, but rather, training is adequate... I trained you!", they have lost their "independent" status; are no longer a functions that are the responsibility of their client. As soon as an IIA says, "Of course your "third party"; and have established a rather substantial conflict of interest. This would be no line to offer assistance, and then turned around and inspected the very pieces that they had ** different than if the IIA personnel at a cylinder manufacturing facility stepped into the production I fully recognize that it has been standard practice over the years for the IIA to help out in areas in their role in that capacity. However, when it comes to formal training, it seems to me that this is which the retester may be lacking knowledge or understanding, and I would not want to diminish one of the requirements that the IIA is there to verify has been fulfilled by the retester, not something that the IIA is to provide. Thank you for your time and consideration in this matter. Best regards, Rawl I fit cc: Hattic Mitchell#