{"operation":"document","citation":"03-0048","title":"Environmental Rernediation Systems, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-05-21","effective_on":null,"summary":"03-0048 response to Environmental Rernediation Systems, Inc. concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0048.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0048.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0048","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030048.pdf","body":"<<<PAGE 1>>>\n\n•\nor sportion\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\npecial Program:\ndministratior\nMAY 2 1 2003\nMr. Danny R. Hubbard II\nRef. No.: 03-0048\nEnvironmental Remediation Systems, Inc.\nP.O. Box 81905\nLafayette, Louisiana 70598\nDear Mr. Hubbard:\nThis responds to your letter requesting interpretation of this Office's \"position on measures for adequate\ntraining.\" You inquired whether adequate training can be accomplished in eight hours or two days, and\nby purchase of a CD and literature be a self taught individual, who would then teach his/her employees?\nThe Research and Special Programs Administration (RSPA), the agency in the Department responsible\nfor promulgating the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), intentionally\nmade the requirements for training in Subpart H of Part 172 as broad and objective as is practicable to\naccommodate training programs and materials used in both the public and private sectors. This\napproach provided the necessary latitude to both sectors for the development of effective training\nprograms and/or materials. It is RSPA's position that responsible hazmat employers, either individually\nor through industry associations, are better able to determine the training needs of their employees.\nThe responsibility for ensuring that the level of training is adequate and appropriate for each hazmat\nemployee is that of the employer; therefore, no attempt has been made to specify the level and duration\nof training or testing. While responsibility for providing training remains with the employer, the required\ntraining can be provided by company training programs, self-guided CD training programs, outside\ntraining firms or consultants, Federal or State agencies, colleges and universities, or any other type of\norganization offering training that meets the objective training requirements. This Office does not review\nor certify training programs for pre-approval purposes.\nI hope this satisfies your inquiry\nSincerely,\nman Abillio\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n172,704\n030048\n\n<<<PAGE 2>>>\n\nEngrum\n3172.704\nEnvironmental\nAnyone Loan Ta n0048\nPO Box 81905\nRemediation\n(800) 259-0075 (800) 820-3998\nSystems, Inc.\ndannyhubbard@cox-internet.com\n4 January, 2003\nU.S. Department of Transportation\nResearch and Special Programs Administration\nOffice of the Chief Counsel\nAttn: Office of Hazardous Materials Safety\nand Research and Technology Law\n2003 FEB -+\n400 7th St., S.W.\nWashington, DC 20590\nDOT/RSPA\nCEIVED\nHIEF COUNSE\nSir or Madam:\n\"More than one-third of the Department's enforcement actions pertaining to violations of\nthe hazardous materials transportation regulations involve the failure of hazmat\nemployers to provide training or maintain test records. In most cases violations are\nattributed to failure to provide function specific training (DOT AR-7/98)\". I believe that\nHowever, I also believe that the content of the HMR does not support the endeavor to\nstatement to be as true today as when it was first written and published by your office.\ninsure hazmat employees are properly trained. If so there wouldn't be such a broad\narray of programs advertised by consulting and training organizations to train an\nemployee in as little as 8 hours.\nIn 1998, while serving in the US Army, I attended formal training dubbed \"The Technical\nTransportation of Hazardous Materials\"\nweeks of on the job training, and three weeks of classroom instruction. In this course\n\". It was a five week course consisting of two\nand numerous industry carrier regulations, with two of those classroom weeks\nmy classmates and I combed through the 49 CFR, ERG, IATA, ICAO, IMDG, AFJAN,\ndedicated to the 49 CFR and ERG. After attendance of that course and after certifying\nover 5000 thousand hazardous materials shipments I can honestly say that those five\nweeks of training were absolutely necessary to insure preparation to properly handle,\nclassify, package, mark, label, and certify shipments. I have since viewed those 8 hour\nstate as a hazmat professional that they are inadequate. But however inadequate they\ntraining CD's and web based training programs and attended two day courses, and can\nare, they're in a large sense supported by the HMR. To that end, ERS Inc. is requesting\ninterpretation by means of formal written reply from your office in determining the\nDepartment of Transportations' Office of Hazardous Materials Safety position on\nmeasures for adequate training.\n\n<<<PAGE 3>>>\n\nSpecifically;\n1. Is it the position of your office that adequate training can be accomplished in\neight hours or even two days?\n2. Is it the position of your office that adequate training can be accomplished by the\npurchase of a CD and literature and be self taught?\n3. Is it the position of your office that adequate training can be accomplished by\nsaid self taught individual then teaching his/her employee's?\nresponse at your earliest convenience.\nDirect response to these questions would be most appreciated. I look forward to\nRespectfully;\nDanny R. Hubbard I|\nChief Consultant\nERS, inc.\nDISTRIBUTION:\n1. 1 original - Forwarded to addressee\n2. 1 copy - Retained for records\n3. 1 copy - Corporate files\n4. 1 original - Legal","truncated":false,"body_characters":5251}