{"operation":"document","citation":"07-0015","title":"EHS Associates, Inc. — 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":"07-0015 response to EHS Associates, Inc. concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0015","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070015.pdf","body":"<<<PAGE 1>>>\n\nTransportatic\n5. Departme\n400 Sieventh Street, S.W\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nMAR 29 2007\nAdministration\nMr. Byron Snapp\nV.P. Field Operations\nRef. No.: 07-0015\nEHS Associates, Inc.\n3787 River Road N., Suite A\nKeizer, Oregon 97303-6382\nDear Mr. Snapp:\nThis responds to your January 19, 2007 letter concerning responsibility for certifying\nrecords of training for hazmat employees under the training requirements in Subpart H of\nPart 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask about training conducted by a contractor on behalf of a hazmat\nits employees has been trained and tested within 90 days of employment. Wh le\nIn accordance with § 172.704(c) and (d), each hazmat employer must certify that each of\nresponsibility for providing training rests with the hazmat employer, training ray be\nthe hazmat employer. The hazmat employer must maintain a record of training for each\nprovided by trade associations, labor unions, or any other organization acting on behalf of\nhazmat employee. This record must include the employee's name; the most recent\ntraining completion date of the hazmat employee's training; a description, copy, or the\nlocation of the training materials used; the name and address of the person providing the\ntraining; and certification that the hazmat employee has been trained and tested. The\n(e.g., General Manager, Shipping Manager, and Personnel Manager) or by an official\nrequired training certification may be signed by a representative of the hazmat employer\nrepresenting the organization that provided the training on behalf of the hazmat\nemployer.\nThe term \"hazmat employee,\" as defined in § 171.8 of the HMR, includes all persons\nwho, in the course of employment, perform functions that directly affect hazardous\nnaterials transportation safety. This term does not apply to every employed person who\nworks at or around an area where hazardous materials are loaded, unloaded, handled, or\nstored. The employee's functional relationship to hazardous materials transportation\nsafety, rather than incidental contact with hazardous materials in the work place, is the\n172.704(8)\n070015\nand (d)\n\n<<<PAGE 2>>>\n\nprimary factor in determining whether an individual is a \"hazmat employee\" for purposes\nof the HMR\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\ní ?\nJohns. Gate\n(Office of Hazardous Materials Standards\n(Chief, Standards Development\n\n<<<PAGE 3>>>\n\n01/19/2807 17:04\n5033932448\nEHSASSOCIATES\nPAGE 82\nEngrum\n$172.704 (d)G)\nTrainin\n17-0015\nASSOCIATES, INC.\nJanuary 19, 2007\nMr. Edward T. Mazzullo\nOffice of Hazardous Material Standards\nPipeline and Hazardous Materials Safety Administration\nDepartment of Transportation\nFax: (202)366-3012\nDear Mr. Mazzullo,\nI am requesting a written letter of interpretation in response to this question. Whom in a\nbusiness is capable of making / signing the certification required in 49-CFR\n172.704(d)(5)?\nMy understanding is that the \"hazmat employer\" as defined in 49-CFR 171.8 must make /\nsign the certification. Here is my reasoning:\n• 49-CFR 172.704(d): \"...in accordance with this section shall be created and\nretained by each hazmat employer for as long...\"\n• PHMSA's on-line guide titled, 'Training Requirements Under the Hazardous\nMaterials Regulations\" found at http://hazmat.dot.gov/training/trainreq.htm has a\ncontent section titled \"Training Requirements\". It states that, \"Each hazmat\nemployer must: train and rest, certify, and...\nIf a company manager such as a General Manager, Shipping Manager, Parts Manager,\nService Manager, etc., hires a trainer to conduct the training and testing required in 49-\nCFR 172.700, but does not attend or conduct the training, may that manager make / sign\nthe required certification?\nFrom my understanding, these managers have been hired by the \"hazmat employer\" to\nrun specific departments in the company. Therefore, they would be classified as \"hazmat\nemployees\" under 49-CFR 171.8. Could you please clarify whether or not these\ndepartment managers are \"hazmat employers\" or \"hazmat employees\" and whether or not\nthey are allowed to make / sign the certification.\nRespectfully,\nBryon Snapp\n1Spp\nEHS Associates, Inc.\nV.P. Field Operations\n37 River Road N., Suit\nEnvironmental Safely Rosource Group\nzer, Oregon 97303-63\nFax: 503.393.2448\n503.393.0980","truncated":false,"body_characters":4416}