{"operation":"document","citation":"09-0036","title":"Packaging Applications for Dangerous Goods, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-03-31","effective_on":null,"summary":"09-0036 response to Packaging Applications for Dangerous Goods, LLC concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0036.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0036.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0036","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090036.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\nMAR 3 1 3009\n1200 New Jersey Ave. S.E.\nWashington, D.C. 20590\nMr. David C. Gluntz\nPackaging Applications for Dangerous Goods, LLC\n3583 Blackbottom Court\nColumbus, OH 43221 -450 1\nRef. No. 09-0036\nDear Mr. Gluntz:\nThis responds to your February 17,2009 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1 - 1 80). Specifically, you ask a hypothetical\nquestion in which you are the president of a manufacturing company that sells UN marked\nIntermediate Bulk Containers (IBCs) and LKN marked drums, thus making you a hazmat\nemployer. During the course of a sales presentation, you or salespersons that you employ\nprovide company brochures, specification sheets and/or drawings of your products. You and\nyour employees may also share your thoughts regarding what materials are authorized by the\nDOT to be transported in your packagings. Further, you and your employees may share third\nparty compatibility information. Specifically, you ask if the above described activities of you\nand your salespersons mean that you and your salespersons are hazmat employees as defined\nin the HMR.\nThe answer is no. The term \"Hazmat employee\" is defined in § 171.8 of the IIMR. The\nterm includes persons who design, manufacture, fabricate, inspect, mark, maintain,\nrecondition, repair, or test a package, container, or packaging component that is represented,\nmarked, certified or sold as qualified for use in transporting hazardous material in commerce.\nThe term does not include functions performed by company salespersons to convey product\ninformation (i.e., distribute brochures, specifications, drawings and other information related\nto UN certified packages) to potential or existing customers.\nI hope this information is helphl. Please contact us if you require additional assistance.\nhief, Standards Development\nMaterials Standards\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn <PHMSA> From: INFOCNTR <PHMSA>\nSent: Tuesday, February 17,2009 1:20 PM To: Drakeford, Carolyn <PHMSA>\nSubject: FW: Are Salespersons HazMat employees?\nFrom: David Gluntz [mailto:davidgluntz@padgllc.com]\nSent: Tuesday, February 17, 2009 12:40 PM\nTo: INFOCNTR cPHMSA>\nSubject: Are Salespersons HazMat employees?\nDear Mr. Mazzullo,\nLast week I had a conversation with a member of your \"Infocenter\" staff. We discussed the below\nsituation as it regards the definition of a HazMat employee and HazMat training without coming to\na conclusion. She suggested that I write requesting a formal interpretation.\nSuppose I was the president of a manufacturing company that sold UN marked IBCs and UN\nmarked drums. That would make my company a HazMat employer. During the course of a sales\npresentation, myself or salespersons I employ will provide company brochures, specification sheets\nand/or drawings of our products, to include those of our UN marked :[BCs and UN marked drums.\nWe may also share our thoughts regarding what materials are authorized by the DOT to be\ntransported in our packagings. And, we may share third party compatibility information.\nWhat is needed to know is: Do the described activities of myself and the salespersons mean that\nwe are HazMat employees as defined by the DOT and therefore must receive HazMat training?\n4/\"rl# f\n%/7za700 v\n; h d ~ 1 I!??? !!!2 - \"-- . -- --- -----. - *\" *-\".---- **--*+%-\n0 4-00\nh\nI thank you in advance.\nDavid C. Gluntz\nPackaging Applications for Dangerous Goods, LLC\n3583 Blackbottom Court\nColumbus, OH USA 43221-4501\nOffice (614) 529-0712\nCell (614) 425-7118\ndavidqluntz@padqllc.com\nwww.padqllc.com","truncated":false,"body_characters":3646}