{"operation":"document","citation":"08-0023","title":"U.S. Department of Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-14","effective_on":null,"summary":"08-0023 response to U.S. Department of Energy concerning 171.8, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0023.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0023.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0023","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080023.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave.. S E.\nWashington. DC 20590\nMAR 1 4 2093\nMs. Ella McNeil\nOffice of Environmental Management\nU.S. Department of Energy\nForrestal Building, Room 5B- 171\n1000 Independence Avenue\nWashington, DC 20585\nRef. No. 08-0023\nDear Ms. McNeil:\nThis is in response to your letter requesting clarification of the training requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80) as they pertain to special\npermits. Your questions are paraphrased and answered as follows:\nQ1. What are the minimum training requirements for hazardous materials employees\nperforming functions set forth in a special permit? What is the meaning of the following\nstatement that is included in a special permit:\n\"Each hazmat employee, as defined in 9 171.8, who performs a hazmat function subject\nto this special permit must receive training on the requirements and conditions of this\nspecial permit in addition to the training required by 9 172.700 through 172.704.\"\nAl. Unless the HMR or special permit specifies otherwise, the training requirements in\nSubpart H of Part 172 (9 172.700 through 5 172.704) are the minimum training requirements\nfor the terms and conditions of the special permit and for any other regulated functions\nperformed by the hazardous materials employee with respect to that particular hazardous\nmaterials shipment.\nAs specified in 9 172.704, hazmat employee training must include: (1) general\nawareness/farniliarization training; (2) function-specific training; (3) safety training; (4)\nsecurity awareness training; and (5) in-depth security training when a security plan is\nrequired. Note that function-specific training is only one of the training requirements that\nmust be included in the training curriculum. Modal-specific requirements must also be\naddressed when applicable (see 5 172.700).\nThe training statement that you cite from the special permit means that a hazardous materials\nemployee must receive training that includes the terms and conditions of the special permit\n\n<<<PAGE 2>>>\n\nand its application to shipments handled by the employee. This training is in addition to the\ntraining required in accordance with § 9 172.700 through 1 72.704.\n42. May we employ a graded approach to the training material and method of training and\ntesting based on the magnitude of hazard involved, relative importance to safety and security\nand complexity of hnctional requirements in the special permit?\nA2. You may apply such a formula to your training program provided all of the training\nrequirements in Subpart H of Part 172 are met (see A1 and A3).\n43. Are any of the following methods individually acceptable to meet the HMR training\nrequirements?\na. Reading the permit and signing a document stating this was done.\nb. Attending a formal briefing where the requirements and conditions of the special\npermit are described.\nc. Participating in hands-on situations where the requirements and conditions of the\nspecial permit are provided.\nd. Attending structured classroom training.\nA3. The methods, as outlined, are not acceptable. As discussed in A 1 and A2, targeting only\nthe special permit provisions is not acceptable because it omits the required training elements\nin Subpart H of Part 172. Hands-on training or classroom training would be acceptable\nmethods provided the training curriculum included all required training as specified in\nSubpart H of Part 172 and provided the special permit training was sufficiently\ncomprehensive to enable the havnat employee to perform assigned hazmat duties.\nWith respect to meeting the training requirements specific to the special permit, simply\nreading or describing the provisions set forth in the special permit may not be sufficient in\nmost cases to ensure the understanding of the hazmat employee, Moreover, familiarity with\nthe provisions of the special permit will not ensure that the hazmat employ understands and\ncan apply HMR requirements needed for the proper performance of most hazmat functions.\nFor example, special permits often reference specific regulatory citations from the HMR.\nSimply reading or describing the special permit without also, covering the referenced citations\nwould result in significant gaps in the training. Additionally, such training methods do not\nnecessarily tie the provisions of the special permit into requirements of the HMR that are\nnecessary to properly understand and perform certain hazmat hctions.\nThe HMR's training requirements, while specific in the elements, are intentionally broad in\nthe particulars. The regulations provide the necessary latitude for a hazmat employer to\ndevelop an effective training program and ensure a level of training that is adequate and\nappropriate for its hazmat employees. The person developing the training program (whether\nin-house or contracted) must have sufficient knowledge of the HMR to produce an effective\ncurriculum. The Pipeline and Hazardous Materials Safety Administration (PHMSA), Ofice\n\n<<<PAGE 3>>>\n\nof Hazardous Materials Initiatives and Training offers training materials designed to help\nhazmat employers comply with the training requirements. The materials may be ordered by\ncontacting that office at 2021366-4900 or by accessing PHMSA's website at\nhtt~:/lhazn~at.dot.g~~/.\nQ4. Must the hazmat employer ensure that the hazmat employee is tested on the terms and\nprovisions of the special permit? If so, must the test be in written form with a passlfail\nscoring procedure or may it take the form of demonstrating knowledge, or a peer review upon\nperforming the duties pertaining to the HMR?\nA4. Yes, the hazmat employer must ensure that the hazmat employee is tested (see\n5 172.202(d)) on the terms and provisions of the special permit, as well as any other\napplicable HMR requirements, and the requirements in Subpart H, Part 172. With respect to\nthe type of testing, any form of testing that ensures the employee is able to perform assigned\nhazmat duties is acceptable.\nQ5. What is the minimum form of documentation required to show that a hazmat employee\nhas received training and testing? Must recurrent training documentation be added to the\ncurrent training files or may it be attached to the shipping file for the applicable shipment?\nA5. The requirements for documentation are found in 5 172.704(d)(l) through (d)(5).\nTraining records must include: (1) the hazmat employee's name; (2) the most recent training\ncompletion date; (3) a description, copy, or location of the training materials used; (4) the\nname and address of the person providing the training; and (5) certification that the hazmat\nemployee has been trained in accordance with HMR requirements.\nWith respect to the location of the training documents, the HMR requires that the documents\nbe retained by the hazmat employer, but do not specify a location. However, the h m a t\nemployer must be able to readily produce all of the required training documentation specified\nin 5 172.704(d)(l) through (d)(5) upon request by enforcement personnel or other\ntransportation personnel.\nQ6. May a new hazmat employee perform the hnctions specified in a special permit while\nunder the direct supervision of a trained hazmat employee provided \"special permit training is\nadministered\" to the new employee within 90 days of employment or job function?\nA6. As provided in 5 172.704(c), a new employee may perform such functions prior to\ncompletion of training under the direct supervision of a trained hazmat employee.\n\n<<<PAGE 4>>>\n\n47. Does the recurrent training requirement, which requires a h m a t employee to have\ntraining at least once every three years, apply to special permit provisions?\nA7. Yes.\nI hope this information is helpful. Please contact this office if you have additional questions.\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOfice of Hazardous Materials Safety\nSubpart H of Part 172\ncc: Mr. Ashok Kapoor, DOE\n\n<<<PAGE 5>>>\n\nDepartment of Energy\nWashington, DC 20585\nJAN 2 8 2008\nMr. Mr. Edward Mazzullo\nDirector of Hazmat Standards\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nEast Building, E21-330, PHH-23\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo:\nWe are requesting clarification of the following training requirement found in the\n\"Compliance\" section of each Special Permit issued by the Department of\nTransportation (DOT):\nEach \"Hazmat employee\" as defined in 171.8, who performs afunction\nsubject to this special permit must receive training on the requirements\nand conditions of this special permit in addition to the training required\nby 1 72.700 through 172.704.\nWe understand this required training is considered \"function-specific\" as cited in\n49 CFR, 172.704(a)(2), and therefore subject to the requirements listed in 49\nCFR, Part 172, Subpart H, Training. We also understand and acknowledge there\nhave been many interpretations written by the Office of Hazardous Materials\nSafety (OHMS) stating the employer must determine the training needs of its\nHazmat employees based upon the employer's requirements and each employee's\nspecific job function. However, based upon various comments received during\nDOT compliance reviews within the DOE contractor complex, we are seeking\nclarification on what the minimum training requirement would be for Special\nPermits. Is a graded approach to the training material, method of training and\ntesting based on the magnitude of hazard involved, relative importance to safety\nand security, and complexity of functional requirements in the Special Permit\nacceptable?\nTherefore, we seek clarification in the following areas:\nAcceptable Training Method\nWhat constitutes the minimum requirement for Special Permit training? As stated\nabove, it is OHMS opinion that the employer must determine training needs of its\nhazmat employees based upon the employer's requirements and each employee's\n@ Printed with soy ink on recycled paper\n\n<<<PAGE 6>>>\n\nspecz$c job function. DOE contractors employ several methods, including the\nfollowing:\n1. Reading of the Special Permit, and signing a form that documents that action.\n2. Attending a formal briefing, where the requirements and conditions are\ndescribed.\n3. Participating in hands on training where the requirements and conditions of\nthe Special Permit are provided.\n4. Attending structured classroom training.\nAre these methods individually acceptable to meet the training requirements for a\nSpecial Permit?\nTesting\nOnce training has been successfully and compliantly administered, must the\nhazardous material employer ensure the hazmat employee is tested by appropriate\nmeans on the training subjects of the Special Permit? If so, must this testing be a\nwritten test with a set passlfail score, or can it take the form of a demonstration of\nknowledge or the completion of a peer review when the shipment is prepared for\ntransport using the Special Permit?\nRecordkeeping\nContingent upon the answers above, what is the minimum form of documentation\nrequired to acknowledge the required trainingltesting has been completed?\nMust the record of training be added to a record of current training in accordance\nwith the requirements of 172.704(d), or can it be attached to the shipping file for\nthe applicable shipment?\nInitial Training\nMay a new hazmat employee, or one that has not been compliantly trained in the\nrequirements of the Special Permit, perform the functions required in the Special\nPermit while under the direct supervision of a hazmat employee who has been\nproperly trained of the requirements of the Special Permit (as long as Special\npermit training is administered to the new employee within 90 days of\nemployment or change in job function)?\nRecurrent Training\nMust the additional training required by the Special Permit be received by the\napplicable hazmat employee at least once every 3 years if the Special Permit is\nutilized for more than that time frame?\nAgain, we ask these questions based upon comments received during the DOT\ncompliance reviews with the wish to ensure that all hazardous materials\n\n<<<PAGE 7>>>\n\nemployees are compliantly and efficiently trained to complete their job functions\nthroughout the complex.\nIf you need additional information, please contact me at (202) 586-8548, or Mr.\nAshok Kapoor at (202) 586-8307, e-mail: ashok.kapoor@,hq.doe.gov.\nSincerely,\nElla McNeil, Acting fiirector\nOffice of Packaging and Transportation\nOffice of Environnemental Management\ncc: D. Chung, EM-60","truncated":false,"body_characters":12618}