{"operation":"document","citation":"08-0084","title":"Transportation Development Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-09-23","effective_on":null,"summary":"08-0084 response to Transportation Development Group concerning 171.8, 172.702.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0084.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0084.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0084","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080084.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Jim Powell\nTransportation Development Group\n2023 E. Sims Way, Suite 372\nPort Townsend, WA 98368\nRef. No. 08-0084\nDear Mr. Powell\nThis is in response to your March 24, 2008 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171- 180) as they apply to a \"hazmat employer\" and\na \"hazmat employee.\"\nIn your letter, you describe a scenario consisting of two companies: Company A and Company\nB. Company A is a third-party logistics provider (freight forwarder) that has employees who\nprepare hazardous materials shipments for transportation at Company B's facility. Company B\nis a manufacturer and shipper of hazardous materials. In addition to its own employees,\nCompany B also supervises the employees of Company A in hazardous materials functions.\nYou ask whether Company A or Company B employees are \"hazmat employees.\" You ask\nwhich company is a \"hazmat employer.\" You ask whether it is Company B's responsibility to\ntrain the employees of Company A that it supervises. You ask whether it is the responsibility of\nCompany A to evaluate Company B's training of its employees by Company B.\nAs defined in 5 171.8, a \"hazmat employee\" is a person who is employed on a full-time, part\ntime, or temporary basis, and who in the course of such employment directly affects hazardous\nmaterials transportation safety. Section 171.8 also defines a \"hazmat employer\" to mean a\nperson who employs or uses at least one hazmat employee on a full-time, part time, or temporary\nbasis, and who: (1) transports hazardous materials in commerce; (2) causes hazardous materials\nto be transported in commerce; or ( 3 ) designs, manufactures, fabricates, inspects, marks,\nmaintains, reconditions, repairs or tests a package, container, or packaging component that is\nrepresented, marked, certified, or sold by that person as qualified for use in transporting\nhazardous materials in commerce. As specified in 5 172.702, a hazmat employer must ensure\nthat each of its hazmat employees is trained in accordance with the training requirements\nprescribed in the HMR.\n\n<<<PAGE 2>>>\n\nUnder your scenario, Company A is a hazmat employer, responsible for ensuring that Company\nA's hazmat employees are trained in accordance with the training requirements in Subpart H of\nPart 172 of the HMR. Likewise, Company B is a hazmat employer, responsible for ensuring that\nCompany B's hazmat employees are trained in accordance with Subpart H of Part 172. In\naddition, Company B is responsible for ensuring that the Company A employees it supervises are\ntrained in accordance with Subpart H of Part 172. It is important to note that the HMR do not\nspecify who must actually perform the training, bur rather provide that the hazmat employer\nmust ensure that that each of its hazmat employees is trained. Thus, Con~pany B could assume\nresponsibility for training Company A's employees through a contractual arrangement with\nCompany A.\nIt should also be noted that the HMR do not prevent Company A from reviewing Company B's\ntraining methods, particularly as they affect Company A's hazmat employees. However, such a\nreview does not relieve Company B of its responsibility as a hazmat employer to ensure that the\nCompany A employees it supervises are properly trained.\nI hope this information is helpful.\nSincerely,\nl\nL/ /*/L\n'Susan Gorsky,\nActing Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n9/71\nTransportation Development Q , 12, 7 6 2\n-group\n~ogisticstraining. corn L L f l M; I-1 0fl5\n2023 E. Sims Way Ste 372\nPort Townsend, WA 98368 ~ S - O C ) B L /\n(800) 949-4834 1 (800) 527-5121 FAX\njim@dgtraining.com\nMonday, March 24, 2008\nMr. Edward T. Mazzullo\nRSPA Office of Hazardous Materials Standards\n400 7th Street S.W. DHMl0\nWashington, DC 20590-000 1\nDear Mr. Mazzullo:\nI am requesting an interpretation of the concept of the term 'Hazmat Employer\" as it relates to one company actually\npaying and \"employing\" the worker, while another company controls the day to day activities.\nHere's the specific example:\nCompany A: A Third Party Logistics provider (\"freight forwarder\") who has their einployees work out of a\ncustomers shipping location helping to prepare shipments that are being shipped out.\nCompany B: A manufacturer and shipper of hazardous materials and a \"hazmat employer\". This company\nsupervises it's own employees in hazardous materials function as well as the employees of\nCompany A -- the logistics provider who works on their dock.\nAll workers on the dock packing shipments of hazmat and loading those hazmat shipments on company A (and\nother) vehicles are hazmat employees. But who is the \"hazmat employer\"?\nIt would seem that both companies are hazrnat employers but I'm not sure about Company B's responsibility for\ntraining Company A's employees.\nIs it correct to assume that Company A, the Logistics einployer - is indeed the \"hazmat employer\" and must evaluate\nthe appropriateness of Company B's training for its employees working under their supervision?\nFinally, while we're on the subject, is this any difference for a temporary staffing agency who provides employees\nduring peak seasons to perform warehousing and shipping functions that put them in the role of a hazmat employee.\nIs the \"temp agency\" (since they write the paychecks and provide the insurance) the hazmat employer even though\ntheir temporary laborers are performing job functions supervised by the temp agency's customer? Thanks.\nSincerely,\nJim Powell\n1-800-949-4834\njim@dgtaining.com\nTDG Los Angeles\n2390 Crenshaw Blvd, Ste 51 3, Torrance, CA 9050 1\n(3 10) 302-0808 / FAX (310) 302-0809","truncated":false,"body_characters":5774}