{"operation":"document","citation":"06-0017","title":"Martinair, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-02-28","effective_on":null,"summary":"06-0017 response to Martinair, Inc concerning 172.700.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0017","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060017.pdf","body":"<<<PAGE 1>>>\n\nMr. Rob Riggott\nRef No. 06-0017\nMartinair, Inc.\nP.O. Box 485\nSandston, Virginia 23150\nDear Mr. Riggott:\nThis is in response to your letter regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on\nwhether employees, who sign for, receive, or open packages which contain hazardous\nmaterials, after the departure of the carrier from the consignee's facility, require training\nunder the HMR.\nA hazmat employee is a person employed by a hazmat employer and who in the course of\nemployment directly affects hazardous materials transportation safety (see § 171.8). In\nother words, a person who performs duties that are regulated under the HMR is\nconsidered to be a hazmat employee. The term hazmat employee includes an individual\nemployed by a hazmat employer who, during the course of employment loads, unloads,\nor handles hazardous materials. Section 172.704 requires a hazmat employee to receive\ngeneral awareness, function specific, and safety training.\nGenerally, consignee unloading operations performed after the carrier's departure from\nthe consignee's facility are not subject to regulation under the HMR. Thus, these actions\nwould not be subject to the training requirements in § 172.704.\nI hope this satisfies your request.\nSincerely,\nCharles E. Betts\nSenior Transportation Specialist\nOffice of Hazardous Materials Standards\n172.700\n060017\n\n<<<PAGE 2>>>\n\nJanuary 20, 2006\nU.S. Department of Transportation\nPipeline- Hazmat Safety Administration\nOffice of Hazardous Materials Safety\n400 7* Street S.W.\nWashington, D.C. 20590\nATTN: Susan Gorsky\nDear Ms. Gorsky:\nDoes 49 CFR require HAZMAT training for any individual who signs for,\nreceives, or opens a package which contains material labeled and shipped as hazardous if\nthat individual is the end-user?\nWe have been told that a HAZMAT package cannot be opened by anyone unless\nthey have been HAZMAT trained. The only person here who is HAZMAT trained is the\nShipping Manager who is the only one doing all our HAZMAT packing, labeling,\nshipping, and receiving. In his absence, can other employees without HAZMAT training\nreceive and open packages?\nThe HAZMAT packages in question are materials routinely handled and used by\nthe employees on the shop floor; (e.g., cans of aerosol paint, solvents, and sealants).\nThese are consumable materials on which we have Material Safety Data Sheets and with\nwhich the employees are familiar. We have been told that they cannot receive or open\nthese packages which contain the materials they routinely use on a day-to-day basis\nSincerely,\nRob Riggott\nMartinair, Inc.\nP.O. Box 485 • Sandston, Virginia 23150 • 804/222-7401 • 800/777-7401\nFax 804/226-0922 • email: charter@flymartinair.com","truncated":false,"body_characters":2773}