KPA, LLC — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety MAY - 3 2006 Mr. Brent J. Hoberg Ref. No.: 06-0096 District Manager, Southwest KPA, LLC 10805 I older St., Ste. 165 Cypress, CA 90630-5145 Dear Mr. Hoberg: This is in response to your letter requesting clarification of the term "hazmat employee" as defined in § 171.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically, you ask if a parts department employee of a car dealership who opens boxes containing hazardous materials, after the consignee has accepted the packages, is a hazmat employee. You indicate that the term "handles" in the definition of hazmat employee is causing the confusion. In accordance with § 171.1, the HMR apply to persons who offer for transportation or begins when the driver takes possession of a hazardous material for transport and transport hazardous materials in commerce. Section 171.1(c) clarifies that transportation continues until the hazardous material package is delivered to its final destination. Delivery is complete when the driver relinquishes possession of the hazardous material package to the consignee and is no longer responsible for performing functions subject to the HMR. In the scenario you describe, the hazardous material package has been deliverer to its dealership. The employee "handles" the hazardous materials once they are out of final destination and is being unpacked by a parts department employee of a car transportation; therefore, the HMR, including the hazmat employee definition, do not apply. I hope this information is helpful. Please contact us if you require additional assistance. Sincetely, Office of Hazardous Materials Standards Chief, Standards Development 171.1 171.8 060096#

Page 2Apr 21 06 04:00p KIP PRAHL ASSOC (714) 236-0774 p. 1 Supki KPA 3171.8 Definitions www.kpaonline.com 06-0096 April 21, 2006 Attention: Edward Mazzullo Director of the Office of Hazardous Materials Standards Fax #: (202) 366-3012 Department of Transportation Dear Mr. Marzullo: hazardous materials transportation safety" and who, during the course of employment, "loads, CFR Section 49 Part 171.8 describes a "hazmal employec" as a person who "directly affects unloads, or handles hazardous materials." As an environmental, health & safely consultant, I am tasked with assisting my clients in interpreting hese regulations in determine if and how they apply to their respeclive employees. Specifically, my clients are struggling with the definition of "handles" as it applies to their employees. department employee does not load or unload hazardous materials froin a transport vehicle, hut A majority of our clients are car dealerships which have service and parts departments. If a parts "handles" then after they have been delivered to the facility (removes them from the shipping box for storage in cabinets and usc at the facility, are they required to be DOT Hazmal Certified, "handles" as it applies to this circumstance? Your prompt response is appreciated. Thank you, and if so, to what extent? Can you please provide me with a writen, DOT interpretation of in advance, for your assistance. Sincerely, . Hoberg District Manager, Southwest KPA, LLC (714) 236-0182: office (714) 236-0774: fax brent@kpaonlinc.com 800 224 0182 Toil-frei 10805| older St., Ste. 16'› Cypress, CA 90630 5145#