{"operation":"document","citation":"07-0048","title":"JCI Jones Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-04-18","effective_on":null,"summary":"07-0048 response to JCI Jones Chemicals, Inc. concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0048.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0048.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0048","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070048.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nAPR 1 8 2007\nMr. D.L. Casmey\nReference No. 07-0048\nJCI Jones Chemicals, Inc.\nVice President, Operations & Security\n2500 Vanderhoof Road\nP.O. Box 349\nBarberton, OH 44203\nDear Mr. Casmey:\nThis responds to your recent letter and March 22, 2007 telephone conversation with a\nrequirements prescribed in § 172.704(a)(5) and (d) and Subpart I of Part 172 of the\nmember of my staff requesting clarification on the hazmat training and recordkeeping\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state your company\nfor the current and previous two years at each of its branches, and that it describes its in-\nmaintains a copy of its hazmat training materials and resulting employee training records\ndepth security training as a \"security plan addendum.\" You enclosed copies of some your\ncompany's training records. You ask if your company's hazmat training and recordkeeping\nwith the HMR.\npractices, including those for security awareness and in-depth security training, comply\nThe answer is yes. Section 172.704(a)(4) requires all hazmat employees, defined in\n§ 171.8 of the HMR, to be trained and tested by their hazmat employers in accordance with\nSubpart H of Part 172, and to receive in-depth security training, if applicable, in\naccordance with Subpart I of Part 172. Section 172.704(d) requires that each hazmat\nincluding that of the preceding two years, and maintain this record for the duration of the\nemployer create and retain a record certifying each hazmat employee's current training,\nemployee's employment in each applicable hazardous material job function and for 90 days\nthereafter. No specific format is specified for the testing or certification documentation.\nYou also state your company provides each of its branch employees with in-depth security\nYou ask if these practices comply with the HMR's security training requirements under\n§ 172.704(a)(4) and Subpart I of Part 172. The answer is yes.\nYou raised several questions about the Federal Railroad Administration's (FRA's)\ninformation on rail carrier compliance matters, you may wish to contact Mr. Bill\ninspections and resulting reports of your company's Caledonia, NY, facility. For more\n172.704(a)(4)\n070048\n\n<<<PAGE 2>>>\n\nSchoonover, Staff Director, Hazardous Materials Division, Office of Safety Enforcement,\nRouting Symbol RRS-12, Federal Railroad Administration, 1120 Vermont Avenue, NW,\nWashington, DC 20005, (202) 493-6229.\nI hope this satisfies your request.\nSincerely,\nHatstas\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n2\n\n<<<PAGE 3>>>\n\nEdmonson\nJCI\n517, 701(3\nJones Chemicals Inc.\n07-0048\n22 February 2007\nUS Department of Transportation\nFax: 1-202-366-3012\nPipeline and Hazardous Materials Safety Administration\nAttn: Ms. Hattie L. Mitchell\nChief, Regulatory Review and Reinvention\n400 7* Street S.W.\nOffice of Hazardous Material Standards\nWashington, DC 20590-0001\nDear Ms. Mitchell-\nI am writing to you again on behalf of JCI Jones Chemicals Inc. (\"JCI\") to request\nclarification of elements of HM-232 Hazardous Materials: Security Requirements for\nOfferors and Transporters of Hazardous Materials and specifically as they pertain to\nregulations under 49 CFR 172.704(d) and (a)(5). I last wrote to you on September 29th\nYork Branch on September 25t,\n2006 (attachment 1) after a DOT/FRA inspection was conducted at JCI's Caledonia, New\n(attachment 2), but nine \"deficiencies' were identified and listed. My letter to you\n', 2006. No violations were noted in that Inspection Report\n\"has not provided \"In-Depth\" security training to any of their employees.\" The second\nrequested interpretation on two of the alleged deficiencies: The first claim was that JCI\nclaim was that JCI's security plan was deficient because it had \"multiple dates, revisions\nand amendments.\" As stated in our prior letter to you, and in accordance with HH-232\nregulations and guidance provided by the Chlorine Institute's Security Management Plan\ncomprehensive security plan over the course of the past six years. Moreover, as explained\nand our Corporate Office, JCI has developed and implemented an\nin our letter, we treat all employees at all eleven JCI Jones Chemicals Inc. branches as\nhazmat employees. For this reason, we provide all employees the same high-level\nsecurity training, therefore, there is no reference in our records to \"In-Depth Security\n\"Security Awareness Training.\"\nTraining\" because again, everyone is trained above and beyond what is required under\nYou provided a prompt response to our request for interpretation dated November 9,\n2006 (attachment 3). Regarding the alleged deficiency as to \"In-Depth\" training, you\nconcluded that given that all JCI employees receive the same In-Depth level of security\nDepth Security Training' in our training records. This response was provided to the local\ntraining, JCI need not distinguish between 'In-Depth Security Training' and 'Non In-\nInspector for the DOT/FRA on December 22, 2006 (attachment 4).\n2500 Vanderhoof Road, P.O. Box 349 • Barberton, Ohio 44203 • telephone: 330.825.4521 • facsimile: 330.825.0504\nCorporate Offices • Sarasota, FL. • Branch Locations • Warwick, NY • Caledonia, NY • Riverview; MI • Merrimack, NH • Charlotte, NC\nFt. Lauderdale, FL • Jacksonville, FL. • Beech Grove, IN • Milford, VA • Tacoma, WA • Torrance, CA\n\n<<<PAGE 4>>>\n\nYour November 9, 2006 response also provided an answer regarding the alleged\ndeficiency finding that there was no need for JCI to update each and every page of a\nwritten security plan whenever a revision to that plan is made.\nOn Thursday, February 8\"*, 2007, the DOT/FRA conducted another inspection at JCT's\nlisted one alleged violation. Specifically that JCI \"has not created DOT Hazmat\nCaledonia, New York Branch. The Inspection Report (attachment 5) of this inspection\nprovided \"In-Depth\" security training to the appropriate plant personnel.\"\nEmployee training records.\" The Report also listed one deficiency, that JCI \"has not\nAs to the alleged deficiency for \"In-Depth\" training, we are wondering how best to reply.\nWe previously provided the Inspector with your response of November 9, 2006 and\nAs you can see from the attached Records of Security Training (attachment 8) for each of\ndespite our best efforts, there still appears to be a misunderstanding regarding this issue.\n172.704(a)(5). Despite the fact that JCI has taken an extra step and provided In-Depth\nthe facility's 14 employees, our training exceeds the requirements of 49 CFR\ntraining to all of our employees, we are again being found deficient. Given the time and\npunish JCI for doing more. JCI is willing to take steps to address any concerns that may\ncommitment JCI has dedicated to this effort, this impasse appears to represent an effort to\nexist. For example, we could modify the Security Record of Training form to include the\nphrase \"In-Depth\" security training, however, this will not change the content of the\nsecurity training provided to any JCI employees; i.e., we will continue to provide\nidentical extensive (\"In-Depth) security training to all JCI employees. Please let us\nknow how you think it would be best for us to proceed, as we do not want to continue to\nhave alleged \"deficiencies\" appear on our inspection reports.\nThe alleged violation from the most recent inspection is that JCI failed to comply with 49\nCFR 172.704(d) which requires regulated companies to retain both current and the\nprevious three years records of training as long as that employee is employed by that\nemployer as a hazmat employee. Attachment (6) is the Record of Training for all fourteen\nHazmat Employees at the Caledonia Branch. As you can see, JCI keeps a complete\nrecord of current training, in compliance with 172.704(d). The subparts of the regulation\nrequire that a record be maintained that includes:\n1. The hazmat employee's name;\n2. The most recent training completion date of the hazmat employee's training;\n3. A description, copy, or the location of the training materials used to meet the\nrequirements of paragraph (a) of Section 172.704;\n4. The name and address of the person providing the training; and\n5. Certification that the hazmat employee has been trained and tested, as required\nby subpart 172.704.\n\n<<<PAGE 5>>>\n\nThe records provided show that all of this information is recorded and maintained as\nrequired. Although these and other Records of Training for Hazmat Employees were\nmade available to the FRA Inspector on February g'h\n\", the Inspector stated that because a\nwritten quiz (attachment 7) for one of the topics covered during one month's safety\nthe inspector, \"at the end of the day, you cannot prove that you conducted the training.\"\ntraining wasn't administered until the following month, this meant that, in the words of\nWe are again at a loss as to what more can be said and or done with respect to\nresponse indicating that the materials provided in the attachments contradict the claim\nthat JCI has failed to keep a \"record of current training,\" in accordance with Section\n172.704(d). If there is a belief that the records provided somehow do not comply with the\nis issued. JCI is open to recommendations as to how our records might be revised, should\nregulation, we request a further opportunity to address this allegation before any violation\nthat be necessary.\nIn closing, we sincerely appreciate any guidance and or comments you may have. We\nlevied against JCI. As stated in our letter of September 29th\nhave been informed by the inspector that he intends to recommend that a civil penalty be\n*, we have worked extremely\nhard to develop and maintain Hazmat Employee and Security training programs both\nduring the 76 year history of our Company and at an even higher level during the past\napproximately six years. The U.S. Department of Homeland Security, the FBI, the New\nYork State Office of Homeland Security, the New York State Police, the Livingston\nenforcement authority regarding our Security Plan and Security Training program, yet\nCounty Sheriff's Department, and the Caledonia Police Department do not have specific\neach of these agencies has reviewed our Security Plans and Records and commended us\nwith the rule and we take our responsibilities to our employees and to the citizens of the\non the thoroughness of this program. JCI as a company does more than seek to comply\ncommunities in which our facilities are located extremely seriously and sincerely believe\nthat our program more than meets the regulatory requirements that have been raised.\nrequire any additional information from me, please do not hesitate to contact me. I can be\nWe look forward to hearing from you on this matter. Should you have any questions or\nreached at 1-330-825-4521.\nSincerely,\nJCI JONES CHEMICALS INC.\nD.L. CASEY\nVice President of Operations & Security\ndlcasmey@jcichem.com\n1-330-825-4521 (phone)\n1-330-825-0504 (fax)\n\n<<<PAGE 6>>>\n\nMr. Tim Gaffney, Executive Vice President, JCI Jones Chemicals Inc.\nMr. Michael Croke, Vice President of Safety, JCI Jones Chemicals Inc.\nMr. James Nelson, Manager, JCI Jones Chemicals Inc., Caledonia Branch\nAttachments:\n(1) Copy of the Inspection Report from the 9/25/06 inspection (9 items listed but no\n(2) Copy of our 9/29/06 Request for an Interpretation from the DOT on the two security\nviolations recommended\nrelated issues referenced in the 9/25/06 Inspection Report\n(4) Copy of our 12/22/06 voluntary response to the FRA's 9/25/06 Inspection Report\n(3) Copy of the DOT's 11/9/06 response to our Request for an Interpretation\n(5) Copy of the Inspection Report for the 2/8/07 follow-up inspection (2 items listed;\nviolation recommended for item 1)\n(6) Copy of the employee's Hazmat Employee Record of Training for all 14 Caledonia\n(7) Copy of quiz given to employees on \"Hazard Communication Program\" which is the\nBranch employees\nTraining Record is 3/29/06 and the date on the quiz is 4/21/06 which concerned the\nfirst item listed on the Hazmat Employee Record of Training (note the date on the\n(8) Copy of the employee's Record of Security Training for all 14 Caledonia Branch\ninspector\nemployees","truncated":false,"body_characters":12247}