{"operation":"document","citation":"08-0141","title":"URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-08-20","effective_on":null,"summary":"08-0141 response to URS Corporation concerning 171.8, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0141.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0141.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0141","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080141.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Ave.. S.E.\nWashlngton, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAUG 2 0 2008\nMs. Erin Jarman\nEnvironmental Scientist\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nRef. No. 08-0141\nDear Ms. Jarman:\nThis responds to your May 12,2008 letter requesting clarification of the hazmat employee\ntraining requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). Specifically, you describe scenarios involving employees that fill packagings with\nhazardous materials intended for transport and ask whether the employees meet the definition\nof ''hazmat employee\" in 5 171.8 and are subject to training requirements.\nYou provide the following scenarios:\nScenario 1: A technician is given a small DOT specification cylinder by a trained hazmat\nemployee. The technician fills the cylinder with a gas sample and then returns the cylinder to\na trained hazmat employee who prepares the cylinder with the gas sample for shipment. The\ntechnician has no involvement in the preparation of the cylinder for shipment (e.g., creating a\nshipping paper) other than filling it with a gas sample.\nScenario 2: A technician is given a bottle by a trained hazmat employee. The technician fills\nthe sample bottle with a liquid or solid hazardous material and returns the bottle to a trained\nhazmat employee who prepares the bottle with the sample for shipment. This technician has\nno involvement in the preparation of the bottle for shipment (e.g., creating a shipping paper)\nother than filling it with a sample of a liquid or solid hazardous material.\nScenario 3: An automated process fills and caps bottles with a hazardous material and closes\nthe fiberboard boxes into which the bottles are placed. The process is completely automated\nexcept that employees are tasked with placing the filled and capped bottles in boxes and then\nrouting the boxes along the production line to be closed.\nAll of the employees described in your three scenarios are considered hazmat employees for\npurposes of the HMR. As defined in 5 171.8, a hazmat employee is a person who, in the\ncourse of his or her employment, directly affects hazardous materials transportation safety.\nAn employee who fills a packaging with a hazardous material or places inner packagings or\n\n<<<PAGE 2>>>\n\nreceptacles into outer packagings is performing a function that directly affects transportation\nsafety and, thus, is subject to the training requirements in 5 172.704 of the HMR. Note that\ntraining provided in accordance with standards or regulations of other federal agencies, such\nas the Occupational Safety and Health Administration or the Environmental Protection\nAgency, may be used to satisfy the training requirements in 5 172.704, provided such\ntraining addresses the training components specified in 5 172.704(a).\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nr Edward T. ~azzullu,\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDer icindeven\n3 171 .f\n3 r7z .TO(-/\nMay 12,2008\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTPHMSA (PHH- 10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo:\nI am writing to you concerning clarification of the definition of \"hazmat employee\" as defined in\n49 CFR Section 171.8. Would you please provide clarification on the following scenarios?\nScenario 1: A technician is given a small DOT specification cylinder by a trained HAZMAT\nemployee for the purpose of collecting a gas sample. Following company standard operating\nprocedures, the technician takes the cylinder to the sampling location, opens a valve and collects the\nrequested sample. Once the technician has collected the gas sample, the technician takes the\ncylinder to a trained hazmat employee so that the trained employee can prepare the hazardous\nmaterial for shipment (e.g., checking the valves on the cylinder, packaging, marking, labeling,\ncreating shipping papers, etc.). The technician who collects the gas sample has no responsibility in\nselecting the appropriate packaging for the hazardous material, marking or labeling the package, or\ncreating shipping papers for the shipment. In this scenario, would the technician who collects the\ngas sample be considered a \"hazmat employee\" and therefore require training under 4 172.704?\nScenario 2: A trained HAZMAT employee selects and provides to a technician a sample collection\nbottle appropriate for the liquid or solid sample being collected. Following company standard\noperating procedures, the technician fills the sample bottle and takes the sample to a trained\nHAZMAT employee in the Shipping Department who verifies that sufficient headspace remains in\nthe container, the closure and caps on the container are secured, the material has been packaged in\nthe correct packaging, the package has been marked and labeled correctly, and that shipping papers\nhave been created, if applicable. Would the technician who collected the sample be considered a\nHAZMAT employee requiring DOT training?\nScenario 3: A company manufactures and ships materials that meet the definition of a Consumer\nCommodity (ORM-D). Individual bottles of product are filled by machine in an automated process.\nCaps for these bottles are also applied and closed by the machine. The machine routes the filled and\nclosed bottles down a production line for further packaging. Once the bottles reach a certain point in\nthe production line, employees grab the bottles and place them into fiberboard boxes. Once a box is\nfilled, the open box containing the bottles of product is then routed further down the production line\nwhere each box is taped closed by a machine. Would the employees whose only responsibility it is\nto put the bottles of product into the open box be considered \"hazmat employees\" and, therefore,\nrequire the training specified in 4 172.704? /'\n\n<<<PAGE 4>>>\n\nThank you for your assistance.\nSincerely,\nErin N. Jarman\nEnvironmental Scientist\nLmS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nTel: 919-461-1478\nFax: 919-461-1371\nErin-Jarman@urscorp.com","truncated":false,"body_characters":6227}