Florida Power and Light Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration FEB 28 2005 Mr. Frank Nesbihal, CHMM Ref. No.: 05-0019 700 Universe Boulevard Florida Power and Light Company Juno Beach, FL 33408 Dear Mr. Nesbihal: This is in response to your letter dated January 18, 2005, regarding the training requirements prescribed in § 172.704(c)(1) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on the training requirements for hazmat employees intermittently performing functions subject to the HMR (i.e., less than ninety consecutive days). In your request, you reference a discussion of "casual" employees in HM- 222B (61 FR 27166; May 30, 1996), and request clarification whether persons performing hazmat functions for less than ninety days consecutively are considered "casual" employees and therefore not subject to the training requirements of Part 172 of Subpart H. The answer is no. Except as provided in § 172.704(c)(1), each hazmat employee who performs any function subject to the HMR may not perform that function unless properly trained (§ 172.702(b)). As discussed in HM-222B, the provision in § 172.704(c)(1) that allows for direct supervision of a hazmat employee for up to ninety days after employment or change in job function is intended to address short-term employment. Since your employees retain employment for greater than ninety days (even though they may not be performing the hazmat functions for greater than ninety consecutive days) and may perform these functions again, they must be properly trained. I hope this satisfies your request. Chief, Standards Development Office of Hazardous Materials Standards 172:704 050019#

Page 2Gorsky, Susan Sent: From: Frank_J_Nesbihal@fpl.com To: Tuesday, January 18, 2005 10:28 AM Subject: Cc: Al_ Gould@fpl.com; Roger_Messer@fpl.com susan.gorsky@rspa.dot.gov $172.704 Hazmat: Training Question TRAINING 15-001 Dear Ms. Gorsky: to perform hazmat functions. The employees we have a question that pertains to in-house employees who only occasionally are assigned Maintenance Department) and may perform hazmat functions such as lifting a package and in a facility support function (i.e. employee would perform these hazmat functions for less than 90 consecutive days. At the placing it on a vehicle, loading a package, preparing or closing a package etc. The a number of months without performing any hazmat functions. However, sometime later the end of his specific assignment, the employee's job assignments change and he may work for same employee's job short-term assignment that includes performing some hazmat functions. Again, the employee assignment may be changed back again where he could work another function would perform these hazmat functions for less than 90 consecutive days. respect to performing hazmat functions is changed based The employee's job functions only intermittently and occasionally. assignments. In other words, the employee is assigned a job function to perform hazmat CFR 172.704 (c), it permits It is our understanding that in accordance with the training requirements outlined in 49 functions prior to completion of training provided that 1) the employee performs those a hazmat employee who changes job functions to perform hazmat employee; and 2) training under the direct supervision of is completed within 90 days after a change in the job function. a properly trained and knowledgeable hazmat In addition, the preamble to a 1996 proposed rule (HM-222B 1995) RSPA discusses that working under the 90-day provision applies to - February 20, employed for less than 90 consecutive days. "casual" employees intermittently performs hazmat functions The question that we have is in the above case, where an employee occasionally and -similar to a "casual"), can he perform those (assignments functions under direct supervision of a less than requirements specified by 172.704 (a) or (b)? properly trained and knowledgeable hazmat employee in lieu of meeting all of the training Respectfully, Frank Nesbihal, CHMM 700 Universe Blvd. Florida Power and Light Company Juno Beach, FL 33408 JES/ JB 561-691-7013 561-691-7070 (office) (fax)#