EHS Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1Transportatic 5. Departme 400 Sieventh Street, S.W Washington, D.C. 20590 Pipeline and Hazardous Materials Safety MAR 29 2007 Administration Mr. Byron Snapp V.P. Field Operations Ref. No.: 07-0015 EHS Associates, Inc. 3787 River Road N., Suite A Keizer, Oregon 97303-6382 Dear Mr. Snapp: This responds to your January 19, 2007 letter concerning responsibility for certifying records of training for hazmat employees under the training requirements in Subpart H of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about training conducted by a contractor on behalf of a hazmat its employees has been trained and tested within 90 days of employment. Wh le In accordance with § 172.704(c) and (d), each hazmat employer must certify that each of responsibility for providing training rests with the hazmat employer, training ray be the hazmat employer. The hazmat employer must maintain a record of training for each provided by trade associations, labor unions, or any other organization acting on behalf of hazmat employee. This record must include the employee's name; the most recent training completion date of the hazmat employee's training; a description, copy, or the location of the training materials used; the name and address of the person providing the training; and certification that the hazmat employee has been trained and tested. The (e.g., General Manager, Shipping Manager, and Personnel Manager) or by an official required training certification may be signed by a representative of the hazmat employer representing the organization that provided the training on behalf of the hazmat employer. The term "hazmat employee," as defined in § 171.8 of the HMR, includes all persons who, in the course of employment, perform functions that directly affect hazardous naterials transportation safety. This term does not apply to every employed person who works at or around an area where 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 172.704(8) 070015 and (d)#

Page 2primary factor in determining whether an individual is a "hazmat employee" for purposes of the HMR I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, í ? Johns. Gate (Office of Hazardous Materials Standards (Chief, Standards Development#

Page 301/19/2807 17:04 5033932448 EHSASSOCIATES PAGE 82 Engrum $172.704 (d)G) Trainin 17-0015 ASSOCIATES, INC. January 19, 2007 Mr. Edward T. Mazzullo Office of Hazardous Material Standards Pipeline and Hazardous Materials Safety Administration Department of Transportation Fax: (202)366-3012 Dear Mr. Mazzullo, I am requesting a written letter of interpretation in response to this question. Whom in a business is capable of making / signing the certification required in 49-CFR 172.704(d)(5)? My understanding is that the "hazmat employer" as defined in 49-CFR 171.8 must make / sign the certification. Here is my reasoning: • 49-CFR 172.704(d): "...in accordance with this section shall be created and retained by each hazmat employer for as long..." • PHMSA's on-line guide titled, 'Training Requirements Under the Hazardous Materials Regulations" found at http://hazmat.dot.gov/training/trainreq.htm has a content section titled "Training Requirements". It states that, "Each hazmat employer must: train and rest, certify, and... If a company manager such as a General Manager, Shipping Manager, Parts Manager, Service Manager, etc., hires a trainer to conduct the training and testing required in 49- CFR 172.700, but does not attend or conduct the training, may that manager make / sign the required certification? From my understanding, these managers have been hired by the "hazmat employer" to run specific departments in the company. Therefore, they would be classified as "hazmat employees" under 49-CFR 171.8. Could you please clarify whether or not these department managers are "hazmat employers" or "hazmat employees" and whether or not they are allowed to make / sign the certification. Respectfully, Bryon Snapp 1Spp EHS Associates, Inc. V.P. Field Operations 37 River Road N., Suit Environmental Safely Rosource Group zer, Oregon 97303-63 Fax: 503.393.2448 503.393.0980#