{"operation":"document","citation":"08-0181","title":"Van Duzer Consulting Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-07-21","effective_on":null,"summary":"08-0181 response to Van Duzer Consulting Services concerning 172.702, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0181.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0181.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0181","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2008/080181.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E\nWashington. D.C. 20590\nJUL 2 1 2069\nMr. Robert Van Duzer\nVan Duzer Consulting Services\n1339 Broad Run Road\nLandenberg, Pennsylvania 19350\nReference No. 08-0181\nDear Mr. Van Duzer:\nThis responds to your June 30, 2008 letter requesting clarification of the training requirements\nin the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1 80) as applicable to\ntemporary hazmat employees. You describe a situation in which temporary employees may\nbe used intermittently, over an extended period of time.\nGenerally, a \"hazmat employee\" is any person who is employed on a full-time, part-time, or\ntemporary basis and who, in the course of such employment, directly affects the safety of a\nhazardous material transported in commerce. A hazinat employee who performs any function\nthat is subject to the HMR requirements must be trained prior to performing that function\n($ 172.702(b)). All personnel are considered hazinat employees at the time they are first\nemployed to perforin a regulated hazinat f~~nction, even if they are not performing a hazmat\nfunction for greater than 90 consecutive days, and must be properly trained within 90 days of\nthe first time they perform this function. This provision also applies to contract personnel or\npersonnel employed directly by a company for periods of less than 90 days, on an intermittent\nbasis, or over an extended period of time.\nIn accordance with § 172.704(~)(1), the HMR will permit a new employee to perform\nregulated functions and activities prior to the completion of training provided the employee\nperforms the functions under the direct supervision of a properly trained and knowledgeable\nhazmat employee and the new employee's training is completed within 90 consecutive days\nfrom the first time they perforin a regulated function. \"Direct supervision\" consists of the\n\n<<<PAGE 2>>>\n\nsupervising employee instructing the new employee how to properly perform the hazmat\nfunction, observing the employee's performance of the function, and being able to take\ncorrective action with regard to any function not performed in conformance with the HMR.\nI trust this answers your inquiry. Please accept my apology for our delay in responding and\nany inconvenience this may have caused.\nSincerely,\nLf&-sp Edward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\nVAN DUZER\nCONSULTING\nSERVICES\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH- 10\nU.S. Department of Transportation (East Buildng)\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nGentlemen:\nWe are writing for an interpretation of the hazmat employee training requirements as they\nrelate to temporary hazmat employees. Specifically, the regulation in question is set forth\nin 5 172.204 (c) (1) (i) & (ii) which states that for initial training the employee must\nperform hazmat functions under the direct supervision of a properly trained and\nknowledgeable hazmat employee and that the training is to be completed within 90 days\nafter employment or a change in job function.\nClarification is requested as to the timefiame of 90 days. Does this period (90 days)\npertain to consecutive or cumulative days? The employees, in question, usually perform\ntheir duties, intermittently, over an extended period of time. As an example, they might\nwork 3 days t h s month and not again until 2 months have elapsed when, once again, they\nare employed for a few days.\nMust they receive hazmat training during their initial employment, in this scenario,\nduring the 3 days of the first month of employment or are they permitted to work under\nthe direct supervision of a trained hazmat employee for 90 non-consecutive days?\nIt is to be noted that when not employed handling hazardous materials these employees\nare, no doubt, employed by another company handling non-hazardous materials or\npossibly other types of hazardous materials.\nIf you have any questions I can be reached by phone at (610) 274-0720 or by fax at (6 10)\n274-0745. My email address is shipitsafe@,verizon.net.\nThanking you for your attention, I am\nFolder 2Q/2008\nRobert Van Duzer\n1339 Broad Run Road\nLandenberg, PA 1 9350","truncated":false,"body_characters":4297}