Packaging Applications for Dangerous Goods, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration MAR 3 1 3009 1200 New Jersey Ave. S.E. Washington, D.C. 20590 Mr. David C. Gluntz Packaging Applications for Dangerous Goods, LLC 3583 Blackbottom Court Columbus, OH 43221 -450 1 Ref. No. 09-0036 Dear Mr. Gluntz: This responds to your February 17,2009 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80). Specifically, you ask a hypothetical question in which you are the president of a manufacturing company that sells UN marked Intermediate Bulk Containers (IBCs) and LKN marked drums, thus making you a hazmat employer. During the course of a sales presentation, you or salespersons that you employ provide company brochures, specification sheets and/or drawings of your products. You and your employees may also share your thoughts regarding what materials are authorized by the DOT to be transported in your packagings. Further, you and your employees may share third party compatibility information. Specifically, you ask if the above described activities of you and your salespersons mean that you and your salespersons are hazmat employees as defined in the HMR. The answer is no. The term "Hazmat employee" is defined in § 171.8 of the IIMR. The term includes persons who design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container, or packaging component that is represented, marked, certified or sold as qualified for use in transporting hazardous material in commerce. The term does not include functions performed by company salespersons to convey product information (i.e., distribute brochures, specifications, drawings and other information related to UN certified packages) to potential or existing customers. I hope this information is helphl. Please contact us if you require additional assistance. hief, Standards Development Materials Standards#

Page 2Drakeford, Carolyn <PHMSA> From: INFOCNTR <PHMSA> Sent: Tuesday, February 17,2009 1:20 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: Are Salespersons HazMat employees? From: David Gluntz [mailto:davidgluntz@padgllc.com] Sent: Tuesday, February 17, 2009 12:40 PM To: INFOCNTR cPHMSA> Subject: Are Salespersons HazMat employees? Dear Mr. Mazzullo, Last week I had a conversation with a member of your "Infocenter" staff. We discussed the below situation as it regards the definition of a HazMat employee and HazMat training without coming to a conclusion. She suggested that I write requesting a formal interpretation. Suppose I was the president of a manufacturing company that sold UN marked IBCs and UN marked drums. That would make my company a HazMat employer. During the course of a sales presentation, myself or salespersons I employ will provide company brochures, specification sheets and/or drawings of our products, to include those of our UN marked :[BCs and UN marked drums. We may also share our thoughts regarding what materials are authorized by the DOT to be transported in our packagings. And, we may share third party compatibility information. What is needed to know is: Do the described activities of myself and the salespersons mean that we are HazMat employees as defined by the DOT and therefore must receive HazMat training? 4/"rl# f %/7za700 v ; h d ~ 1 I!??? !!!2 - "-- . -- --- -----. - *" *-".---- **--*+%- 0 4-00 h I thank you in advance. David C. Gluntz Packaging Applications for Dangerous Goods, LLC 3583 Blackbottom Court Columbus, OH USA 43221-4501 Office (614) 529-0712 Cell (614) 425-7118 davidqluntz@padqllc.com www.padqllc.com#