{"operation":"document","citation":"07-0014","title":"Arizona Public Service! PVNGS — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-03-29","effective_on":null,"summary":"07-0014 response to Arizona Public Service! PVNGS concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0014","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070014.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nMAR 29 2007\nAdministration\nMr. Terrance Dickerson\nTail Station 631:\nrizona Public Service/ PVNG\nRef. No. 07-0014\n5801 South Wintersburg Rd.\nTonopah, AZ 85354\nDear Mr. Dickerson:\nrequirements in § 172.704 of the Hazardous Materials Regulations (HMR; 49 CFR Parts\nThis responds to your January 19, 2007 letter requesting clarification of the training\n171-180). Specifically, you ask about the applicability of the training requirements to\ncontainers of articles and materials regulated as Class 7 materials under the HMR. Your\ncrane operators and other persons involved with handling and loading of pac ‹ages and\nquestions are paraphrased and answered below.\noperations: (1) removal of a valve from system piping by mechanical maintenance,\nQ1. How do the training requirements apply to the personnel involved in the following\ncrane personnel; (3) loading of the valve into a container by crane personnel, crane\nrigging and crane personnel; (2) transfer of the valve to the container loading area by\nsignalmen, and an employee providing directions as to how the valve must be loaded;\n(4) securing the valve in the container by maintenance personnel; and (5) placing and\nsecuring the closure on the container by crane personnel, maintenance personnel, and an\nemployee providing directions?\nare not considered hazardous materials employees (hazmat employees) as that term is\nAl. In the scenario, the crane operators, maintenance personnel, and crane signalmen\ndefined in the HMR and, thus, are not subject to the training requirements in § 172.704.\nloaded and secured in the container and how the container must be closed and secured are\nAs your letter indicates, the employees providing directions as to how the valve must be\nconsidered hazmat employees and must be fully trained in accordance with the regulatory\nrequirements.\nQ2. How do the training requirements apply to the personnel involved in the following\nradiological survey of the disassembled robotic inspection equipment;\noperations: (1) disassembly of robotic inspection equipment; (2) performance of a\n(3) decontamination of the disassembled robotic inspection equipment; (4) transfer of the\nequipment by crane to the packaging location; and (5) placement of the equipment in a\ncargo container for transportation?\n172.704\n070014\n\n<<<PAGE 2>>>\n\nequipment, and transfer the equipment to the packaging location are not considered\nA2. In the scenario, the personnel who disassemble the equipment, decontaminate the\nhazmat employees and are not subject to the training requirements in § 172.704.\nEmployees performing radiological surveys and employees directing the placement of the\ntrained in accordance with the regulatory requirements.\nequipment in a cargo container are considered hazmat employees and must be fully\noperations: (1) collection of waste or other materials from locations throughout the\nQ3. How do the training requirements apply to the personnel involved in the following\nfacilities; and (2) movement of previously used \"Empty\" containers within the facility?\nA3. Movement of materials that occurs solely within a contiguous facility boundary\nwho perform functions related to such movement are not required to be trained.\nwhere public access is restricted is not subject to HMR requirements; thus, employees\nwho changes job functions may perform job functions prior to the completion of training\nIn accordance with § 172.704(c), a new hazmat employee or a hazmat employee\nprovided the employee is under the direct supervision of a properly trained hazmat\nemployee and training is completed within 90 days of employment or the change in job\nfunctions. Is this provision also intended to apply to contract personnel employed for\nperiods of less than 90 days or to contract personnel employed for multiple periods of 90\ndays or less with the same or a different employer?\nfor periods of less than 90 days. Note that the person providing direct supervision must\nThe provision in § 172.704(c) is intended to apply to contract personnel employed\nbe able to instruct the employee on how to properly perform the hazmat function, must\nobserve performance of the hazmat function, and must be able to take immediate\ncorrective action in regard to any function not performed in conformance with the HMR.\nThe provision in § 172.704(c) is not intended to apply to contract personnel employed for\naddress short-term employment. Since contract personnel employed for multiple periods\nmultiple periods of 90 days or less with the same employer. This provision is intended to\nof 90 days or less with the same employers retain employment for greater than ninety\ndays (even though they may not be performing the hazmat functions for greater than\nninety consecutive days) and may perform these functions again, they must te properly\nI trust this answers your inquiry.\nSincerely,\nJohn A. Gale\nChief, Standards Development\n.. Office of Hazardous Materials Standards\n2\n\n<<<PAGE 3>>>\n\nKE: 4YCFK172 Subpart H Training Criteria\nBoothe.\nPage 2 of 3\n§ 172. 704(c)\nMr. Rick Boyle,\nTraining\n07-0074\ndetermining the DOT Hazmat training requirements of the employees involved in these activities. The area of\nPer our phone conversation on 10/27/06, I am providing the following scenarios for consideration in\nreviewed HM-223 and subsequent letters of interpretations concerning the definition of a Hazmat Employee, as\nconcern involves the handling of materials prior to and during placement into the transportation package. I have\nwell as 49CFR172 Subpart H training criteria, with questions remaining following the Region IV event we\nof a large valve from system piping. To facilitate the handling of the valve, a building crane is attached to the valve\nScenario #1: Loading of Large Valves into a General Design Package - This process begins with the removal\nprior to removal from the system. Mechanical Maintenance, Rigging and Crane personnel pe form these activities.\nactivities. The crane operator is located at a considerable distance, approximately fifty feet or more, from the\nThe valve is transferred to the container loading area which is typically not in the general vicinity of the removal\nH trained Hazmat Employee(s) provides directions for loading the valve into the container to the signalman\nevolution and may or may not be able to see the loading of the container. In the loading area, 49CFR172 Subpart\nby maintenance personnel. This valve is then disconnected from the crane and the crane is used to place a metal\ndirecting the crane operator. The valve is lowered onto a base plate within the container and is secured with bolts\ndirection and verification of a Hazmat Employee(s). The Mechanical Maintenance, Rigging ar d Crane personnel\nenclosure over the valve which is then secured to the container base by Maintenance personnel under the\nreferencing DOT transportation and packaging functions are the responsibility of the trained Hazmat Employee(s)\noperate under PVNGS site work orders which do not reference DOT transportation functions. Procedures\nshipment are performed by Hazmat Employee(s) concerning transportation functions.\nat the packaging location as described in PVNGS procedures. All further actions in support of packaging and\nprocess involves the disassembly of Robotic Inspection Equipment that is owned and operated by a contract\nScenario #2: Loading of Inspection Equipment into a Large General Design Package (Sealands) - This\npackaging location. The inspection equipment is typically disassembled by Vendor technicians familiar with the\ncompany (i.e. Westinghouse, General Electric, Framatone) at a location adjacent to or removed from the\nequipment. A radiological assessment survey is performed by Hazmat Trained Employee(s) for surveys\nmay be decontaminated prior to wrapping by Decon personnel. The material is then hand carried or lifted by\nsupporting transportation functions prior to wrapping the material for contamination control purposes. The material\ncrane as in scenario #1 to the packaging location. A Hazmat Trained Employee is responsible for and directs the\nEmployee(s) concerning pre-transportation functions.\nplacement of all items being loaded into the cargo container. All further actions are performed by Hazmat\ncollection of waste or other materials from various locations throughout the facility. This material is typically placed\nScenario #3: Miscellaneous Material Handling within a Facility Prior to Shipment - This process includes\nused \"Empty\" containers may also be moved within the facility by various work groups. These containers are then\nin containers to facilitate handling due to the quantity of objects and types of materials. Additionally, previously\ncontainers and contents will require shipment from the facility. The Hazmat Employee(s) performs the required\nturned over to a 49CFR172 Subpart H trained Hazmat Employee(s) when the determination is made that the\nassessments to comply with DOT regulations and all further transportation functions.\npackaging inspections (i.e. gasket inspections, container closure, contents verification and rad ological\nVendor, Decon and other various personnel do not include signatures or information concerning transportation\nNon Hazmat Employee - Work orders and procedures used by Mechanical Maintenance, Rigging, Crane,\nfunctions. These personnel also receive training and qualifications relevant to their respective disciplines. Actions\nor examole storage or movement within the facility for reuse verse shipment in accordance with DOT reaulations\nerformed by these individuals would not be different regardless of the material or containers eventual dispositior\nresponsible for hazard class determination, package selection, the filling process, securing of the container\nHazmat Employee - The 49CFR172 Subpart H trained Hazmat Employees in the above scenarios are\nclosure in accordance with the manufactures criteria and all further activities involved in the shipment preparation.\nIn addition, DOT radiological surveys, packaging integrity inspections (i.e. gaskets, vents, plugs, bolts, etc.),\naccordance with APS/PVNGS procedures. Pre-transportation safety functions are the responsibility of and\nblocking or bracing of package contents and weight measurements are performed by the Hazmat Emplovee(s) in\n1/19/2007\n\n<<<PAGE 4>>>\n\nKE: 49CFK1/2 Subpart H Training Critera\nPage 3 of 3\ndocumented by the Hazmat Employee.\ninvolvement and responsibility in pre-transportation functions?\nQuestion #1: Do the above scenarios satisfy the DOT regulations in regard to the Hazmat Employee level of\nscenarios?\nQuestion #2: If answer is No to Question #1, where do the pre-transportation functions kegin in the above\nwith 49CFR172 Subpart H for the Mechanical Maintenance, Rigging, Crane, Vendor, Decon and other various\nQuestion #3: If answer is No to Question #1, What \"Function Specific\" training would be required to comply\npersonnel listed in the above scenarios?\nwho changes job function is not intended for contract personnel whom are employed for periods of 90 days or\nQuestion #4: It is my understanding that the references in 49CFR172.704 (c) to a new Hazmat Employee\nperiods of 90 days or less with the same or different employer?\nQuestion #5: Does the 90 day training exemption apply to transient contract personnel enployed for multiple\nclarification on the above, please contact myself at (623) 393-3729 or Z32438@ apsc.com.\nYour assistance in answering the above questions is appreciated. If you desire further in ormation or\nTerrance Dickinson\nRP Shipping Sr.\nArizona Public Service/PVNGS\nEmail Firewall made the following annotations\n-- NOTICE\ninformation. If you have received it in error, please notify the sender immediately and delete the original\nThis message is for the designated recipient only and may contain confidential, privileged or proprietary\nand any copy or printout. Unintended recipients are prohibited from making any other use of this e-mail.\nno liability for any loss or damage arising from the use of this e-mail or attachments, or for any delay or\nAlthough we have taken reasonable precautions to ensure no viruses are present in this e-mail, we accept\nerrors or omissions in the contents which result from e-mail transmission.\n1/19/2007","truncated":false,"body_characters":12368}