Shane Havoc Consulting, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave.. S.E. Washington. DC 20590 SEP 1 6 2008 Mr. Gregory Sutherland Shane Havoc Consulting, LLC 1905 English Ivy Court Mount Pleasant, SC 29464 Ref. No. 08-0200 Dear Mr. Sutherland: This responds to your July 26, 2008, letter requesting clarification of the training requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180). Specifically, you ask whether employees of a computer software development firm that has been retained to develop a computer program to generate shipping papers must be trained in accordance with Subpart H of Part 172 of the HMR. If the computer programmers employed by the software development firm merely input data concerning the hazardous materials to be shipped (e.g., proper shipping names, classification, authorized packagings) provided to them by a trained hazmat employee of the client company, then the computer programmers are not considered hazmat employees, and the training requirements in Subpart H of Part 172 do not apply. However, if the computer programmers make determinations concerning regulatory requirements applicable to the hazardous materials to be shipped as part of the development of the shipping paper software, then the computer programmers are considered to be hazmat employees and must be trained. I hope this answers your inquiry. Sincerely, Susan Gorsky Acting Chief, Standards Development Office of Hazardous Materials Standards#

Page 2Shane Havoc Consulting, L C 11905 English Ivy Ct. Mount Pleasant, SC 29464 Phone: (843) 849-1463 Fax: (561 ) 423-3907 Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Adminicfmtinn Attn: YHH-1 O, U .S. Ueparhnent oi l'ransportation, East Building 1200 New Jersev Avenue. SE Washington. DC 205904001 - . Twl n l 08-0 I would like the DOT to clarifv a question on training;. I 1 have a client that has employed a Computer Soitware Development turn to develop a computer based program to generate shipping papers for their Hazardous Materials shipments. l'he program wll have data stored on the matenals PSN, classihcation, packaging and vackage weights. The vromam wiIl output the shipping paper ready for signature. Are the programmers tkom the outside consulting firm considered to be Hazmat Employees under Subvart H (172.700). and thus require Hazmat Training? The client's employees that will use the program are considered Hazmat Employees and are trained. If you need any further clarification to my question please give me a call at: R41-849-1467 Sincerelv, Gregory Sutherland#