True Value Manufacturing Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration AUG 1 9 2003 Ms. Marcella G. Nichols, CHMM True Value Manufacturing Company Ref. No. 03-0097 201 Jendus Road Regulatory Compliance Mgr. Cary, IL 60013 Dear Ms. Nichols: This is in response to your April 4, 2003 letter and subsequent telephone conversation with a member of my staff, regarding the definition of a "hazmat employee" in the hazardous materials paraphrased and answered below: regulations (HMR; 49 CFR Parts 171-180). Your questions are manufacturer and forward the specifications for those containers Q1. Are purchasing agents who order containers from the to the company laboratory considered hazmat employees? Al. A hazmat employee, as defined in § 171.8, means a person who is employment directly affects hazárdous materials transportation employed by a hazmat employer and who in the course of of employment: loads, unloads, or handles hazardous materials; safety. This term includes an individual who during the course manufactures, otherwise represents containers, drums, or packagings as tests, reconditions, repairs, modifies, marks, or prepares hazardous materials for transportation; is responsible qualified for use in the transportation of hazardous materials; for the safety of transporting hazardous materials; or operates a vehicle used to transport hazardous materials. If a purchasing agent does not perform any of the functions of a ontainers and obtaining specifications from the manufacturers o azmat employee and only periorms duties such as orderin the containers, such an employee is not a hazmat employee. 030097#

Page 2building the inventory of hazardous materials to be shipped Is an Inventory Control Analyst who is responsible for considered a hazmat employee? A2 - functions of a hazmat employee and does not make inventory If the inventory control analyst does not perform any of the decisions which could directly affect hazardous materials transportation safety (e.g., determining whether multiple hazardous materials are compatible), such an employee is not a hazmat employee. I hope this information is helpful. Sincerely, nels John Transportation Regulations Specialist Gale Office of Hazardous Materials Standards#

Page 304/04/2003 11:33 18476392058 TRUE VALUE MFG PAGE 01/01 True Value BAH HEXP IS JUST AROUND THE CORNER. MANUIACTURING COMPANY 5172.784 Irainina 13-0097 April 4, 2003 Mr. Edward Mazzulo Department of Transportation Director, Office of Hazardous Material Standards 400 Seventh Street S.W. Washington, DC 20590 Via Fax: 202/366-3012 Dear Mr. Mazzulo: I would like a letter of clarification on who might be considered a hazmat employee for two different positions. 1. Purchasing Agent that is responsible for the certification and purchase of UN Certified packaging, for regulated materials. 2. Inventory Control Analyst who does not physically load trucks, but is responsible for "building" the inventory that may be shipped, which could include hazardous materials. Thank you in advance for your response. Sincerely, marcellus. Nechol Marcella G. Nichols, 'CHMM Regulatory Compliance Mgr. Quality Point Products 201 Jandus Rosd Cary. illnols 60013 Phone: 847/639-5383 Fax: 847/639-2058#