{"operation":"document","citation":"10-0122","title":"Energy Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-02-10","effective_on":null,"summary":"10-0122 response to Energy Solutions concerning 172.702, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0122.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0122.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0122","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100122.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave. SE\nWashington. D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nFEB 1 02011\nMs. Merrie Schilperoort\nHazardous Materials Transportation\nTraining Manager\nEnergy Solutions\n2345 Stevens Drive, Suite 240\nRichland, W A 99354\nRef. No. 10-0122\nDear Ms. Schilperoort:\nThis responds to your letter requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to record keeping requirements for training.\nSpecifically, you ask whether a hazmat employer must be able to furnish on demand a copy of\nthe test given to one of its hazmat employees used to satisfy its training responsibility under\n§ 172.702( d). You indicate in your letter that such a requirement does not appear to be in\naccordance with the recordkeeping provisions for training prescribed in § 172. 704( d).\nThe answer is no. As specified in § 172. 702( d), a hazmat employer must ensure that each of its\nhazmat employees is tested by appropriate means on the training subjects covered in § 172.704.\nAs specified in § 172. 704( d), a record of current training, inclusive of the preceding three years,\nmust be created and retained by a hazmat employer for as long as that employee is employed by\nthat employer as a hazmat employee and for 90 days thereafter. At a minimum, the training\nrecord must include what is specified in paragraph (d); the test taken by a hazmat employee is\nnot one of those items required to be retained.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nS+evens\n9112.'O~ cd).~\nENERGYSOLUTIONS -. t\nJra. t 1'1 I V) C(\nJO-O~Zb\nEnergySolutions\n2345 Stevens Drive Ste. 240\nRichland. Washington 99354\n(509) 375-9504 Phone\n(509) 371-2458 Fax\nJune 8,2010 FS-TN-LT-10-006\nMr. Edward Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTlPHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590-0001\nDear Mr. Mazzullo,\nRE: TRAINING RECORDKEEPING REQUIREMENTS\nEnergySo/utions provides training courses and testing on hazardous material\ntransportation to comply with US Department of Transportation, Hazardous\nMaterials Regulations (HMR) in 49 CFR, 172 Subpart H. One of our clients was\nsubject to a Federal Motor Carrier Safety Administration (FMC SA) compliance\nreview which included aspects of transporting hazardous materials. The\ninspectors reviewed our client's hazmat employee training records and also\nreviewed our training materials such as lesson plans, exams, and answer keys.\nOur client was told by the FMCSA inspectors that a copy of the employee's exam\nmust be furnished as evidence of completing the training. As the training\nprovider, we do not return exams 'to our clients nor do we keep them. Clients are\nprovided a written certification with the employee's name, date of training, our\nname and address, and a statement that they successfully completed the training\nand were tested as required by the HMR. We advise our clients to maintain a\ncopy of the certification for their recordkeeping purposes.\nQuestions:\nAre employers of hazardous material employees required to retain written exams\ntaken by the employee to satisfy the training requirements in the HMR?\nIf the answer to that question is that a copy of the exam must be maintained,\nwhat is used to provide that evidence when the employee is tested using a\nmeans other than a written exam?\n2345 Stevens Drive. Suite 240 • Richland, WA 99354\n509.371.8006· Fax: 509.375.9500· www.energysolutions.com\n\n<<<PAGE 3>>>\n\nENERGYSOLUTIONS\nMr. Edward Mazzullo\nPage 2\nJune 8,2010\nDiscussion:\nIn 49 CFR 172.704(d) Recordkeeping, a copy of the exam and/or score is not\none of the required documents to be retained by the employer for the hazmat\nemployee. In addition, the DOT, Pipeline and Hazardous Material Safety\nAdministration issued a guide titled, \"What You Should Know: A Guide to\nDeveloping A Hazardous Materials Training Program\". This guide specifically\nstates that tests and scores are not a mandatory part of record keeping the\nemployer is required to retain.\nYour prompt response is appreciated as an action is pending.\nSincerely,\nMerrie Schilperoort\nHazardous Materials Transportation Training Manager\nEnergySolutions","truncated":false,"body_characters":4399}