Tetra Tech EC, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washing:on, D.C. 20590 Pipeline and Administration Hazardous Materials Safety DEC. 13 2005 Dr. Alan Sherman Ref. No.: 05-0296 Tetra Tech EC, Inc. 1000 The American Road Morris Plains, NJ 07950-2446 Dear Dr. Sherman: This is in response to your November 15, 2005 letter requesting clarification of the training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if workers involved in the removal of both friable and non-friable asbestos containing material are subject to the training requirements contained in Part 172, Subpart H. Under § 172.702(a), a hazmat employer must ensure that each of its hazmat employees is trained in accordance with Part 172, Subpart H. The term "hazmat employee," as defined in § 171.8, includes all persons who, in the course of employment, perform functions that directly affect hazardous materials transportation safety. This term does not apply to every employed person who works at or around an area, where, for example, hazardous materials are loaded, unloaded, handled or stored. The employee's functional relationship to hazardous materials transportation safety, rather than incidental contact with hazardous materials in the work place, is the primary factor in determining whether an individual is a "hazmat employee." An employee's designation as a "hazmat employee" is the result of the "hazmat employer's" assignment (explicit or implicit) of job functions to individual employees. The training requirements specified in § 172.700 through 172.704 apply to an employee only if that employee performs a function subject to the HIMR. For example, your workers who perform hipping papers for this material, are subject to the training requirements in Part 1'72, Subpat fferor functions, such as packaging friable asbestos containing material or generatin repares ayo sie for ad besto playee me mploye in subachao the employee and i ot subiect to the HMR training requirement 172.700 050296#

Page 2I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3FEB 20 1996 06:09 FR TO 912023663012 P.02/02 Pollack Tt TETRA TECH EC, INC. :$/72.700 Training 05-0296 November 15, 2005 Mr. Edward T. Mazzullo, Director Office of Hazardous Materials Standards 400 7" Avenue S.W. U.S. Department of Transportation- PHMSA, DHM-10 Washington, DC 20590 FAX 202-366-3012 Re: HM 126-F Training for Asbestos Workers Dear Mr. Mazzullo: I have spoken to several staff members at the DOT HazMat Information Center and have also reviewed relevant "Letters of Interpretation" sent to me by the Center staff. However, I would appreciate a written response to my specific question regarding the need for HM-126F training for asbestos workers. In New Jersey, asbestos workers who are involved in removing asbestos-containing material, (both friable and non-friable) including galbestos panels, are required to take a State-mandated training, as well? course and to be licensed for this type of work. Are these workers required to have HM-126F Your written response to this question will be greatly appreciated. Sincerely, alan Sherma Dr. Alan Sherman Regulatory Specialist 1000 The American Road, Morris Plains, NJ 07950 SGS. Tel 773.630.8000 Fax 973.630.8025 www.tteci.com ** TOTAL PAGE.02 **#