{"operation":"document","citation":"09-0051","title":"Hazard Solutions LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-03-26","effective_on":null,"summary":"09-0051 response to Hazard Solutions LLC concerning 171.8, 172.702, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0051.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0051.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0051","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090051.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Arthur Mahoney\nMS, CHMM, REA\nHazard Solutions LLC\n326 Sonora Drive\nSan Mateo, CA 94402\nRef. No.: 09-005 1\nDear Mr. Mahoney:\nThis responds to your February 11,2009, letter requesting clarification of the training\nrequirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80).\nSpecifically, you ask if an employee who assembles a package of hazardous materials which\nhe then offers to the shipping department for final closure is subject to training requirements.\nAccording to your letter, employees submit a shipping request to your company's shipping\ndepartment describing the hazardous materials they want to ship. The trained shipping\ndepartment employees provide the packaging materials and instructions (typically provided\nby the packaging manufacturer) on how to package the hazardous materials. The employees\nplace the hazardous materials in the package as instructed, sealing the primary containers, but\nleaving the outer packaging unsealed for inspection by the shipping department. You ask if\nthe employees who place the hazardous materials in the package are subject to the training\nrequirements in the HMR.\nThe answer is yes. Employees who package hazardous materials for transportation are\nhazardous materials employees, as defined in 171.8 of the HMR. In accordance with\n5 172.702, no hazardous materials employee may perform a function subject to HMR\nrequirements unless instructed in the requirements that apply to that function. Specific\ntraining requirements are in § 172.704.\nI hope this answers your inquiry.\ntandards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nHazard Solutions LLC\nEH&S compliance, training and data management soli!tions\n326 Sonora Drive San Mateo, CA 94402\nPhone: 650.347.041 7 Fax: 650,962.3250\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nRE: Training Requirement\nDear PHMSA Interpreter:\nI would like written clarification on training requirements for scientists who package hazardous materials\nfor shipment, typically by air.\nScenario: an R&D company has employees/scientists who occasionally ship small quantities of hazardous\nmaterials. The hazardous materials are typically transported by air and typically fall into the following\nclasses/divisions:\nClass 3\no Proper shipping name: flammable liquids, n.0.s. PG I1 or PG I11\no Prim.ary containers from 1 ml to 250 ml\nDivision 6.1 .\no Proper shipping name: toxic liquids, organic or toxic solids, organic in PG I1 or PG I11\no Primary containers from 1 gram to 250 grams\nDivision 6.1 , f . - <\no Proper shipping name: toxic liquids, organic or toxic solids, organic in PG I\no Pri.mary containers typically less than 1 gram, but may exceed 1 gram\nDivision 6.2, Category A\no Proper shipping name: infectious substances, affecting humans\no Primary containers typically less than 30 gramslml\nDivision 6.2, Category B\no Proper shipping name: biological substance, Category B\n\n<<<PAGE 3>>>\n\no Primary containers typically less than 30 gramslml, but may be more\nClass 9\no Proper shipping name: Dry ice or overpack containing other regulated hazardous materials\no May contain non-hazardous primary containers packed in the dry ice\no May also be an overpack containing regulated hazardous materials\nThe quantities occasionally, but not always, qualify the package under the small quantity exception (per 49\nCFR 173.4). The employee submits a shipping request form to the company's Shipping Department on\nwhich they describe the material they want to ship. The Shipping Department is staffed by DOT-trained\nemployees who then provide the packaging materials and instructions on how to package the hazardous\nmaterials. The instructions are typically those provided by the packaging manufacturer. The employee\npackages the hzzardous materials in typically a combination package, in which they place the primary\ncontainer(s) of their hazardous materials in the outer package. Depending on the type of hazardous\nmaterial and the packaging provided, they may need to place the primary inside of a secondary container\nwith absorbent, cushioning, liner, etc. They have been instructed to seal the primary container with\nparafilm. They do not tape the package closed.\nOnce they have completed their packaging steps, the package is brought to the Shipping Department in\nwhich the DOT-trained employee inspects the package, tapes it closed, marks and labels it, and completes\nthe shipping documentation.\nThe level of inspection done by the Shipping Department prior to taping the package closed varies\ndepending on the degree of hazard of the materials and accessibility of the inner containers. Some of the\ninner containers may be accessible and other times they may not be accessible.\nQuestion: I would like clarification on whether the employeelscientist at a company who assembles the\npackage of a hazardous material which helshe then offers to the Shipping Department for final closure is\nsubject to the DOT training requirements.","truncated":false,"body_characters":5200}