{"operation":"document","citation":"10-0170","title":"Energy Solutions, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-06","effective_on":null,"summary":"10-0170 response to Energy Solutions, Inc. concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0170.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0170.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0170","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100170.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\nDEC - 6 20m\nMs. Merrie Schilperoort\nTraining Manager\nEnergy Solutions, Inc.\n2345 Stevens Drive, Suite 240\nRichland, WA 99354\nReference No. 10-0170\nDear Ms. Schilperoort:\nThis is in response to your letter requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to recordkeeping for hazardous materials (hazmat)\ntraining. Your questions have been paraphrased and answered below:\n01. To satisfy the recordkeeping requirements for training prescribed in § 172.704(d) of the\nHMR, are hazmat employers required to retain the written exams of their employees who\ncomplete hazardous materials training?\nAI. The answer is no. The purpose of testing is to ensure that each hazmat employee has been\ntrained on appropriate areas of responsibility and can perform their assigned duties in\ncompliance with the HMR. Therefore, any method of testing that achieves this purpose\n(e.g., written, oral, or demonstration) and any document that certifies the hazmat\nemployee can successfully perform these tasks is acceptable (e.g., written certificate,\ncomputer electronic file, index card, written documentation of tasks performed or answers\ngiven, or notebook entry), provided it satisfies the recordkeeping requirements in\n§ 172. 704( d). Paragraph (d) of § 172.704 also requires hazmat employers to create and\nmaintain a record that documents the current training and testing, including the previous\nthree years, of each of their hazmat employees, and to certify that the employee has\ncompleted this training.\n02. If a copy of the exam must be maintained, when the employee is tested using a means\nother than a written exam (e.g., a demonstration test, or one where the employee answers\nthe questions orally) what must be kept as evidence of this type of exam in the training\nrecord?\nA2. See Answer AI.\n\n<<<PAGE 2>>>\n\nQ3. Am I correct in my understanding that § 172.704(d) does not require a hazmat employee's\nexam and/or score be retained to comply with the HMR's recordkeeping requirements for\nhazardous materials training? This position is reiterated in the Pipeline and Hazardous\nMaterials Safety Administration's guide, entitled\" What You Should Know: A Guide to\nDeveloping a Hazardous Materials Training Program,\" where on page 5 it does not\ninclude an employee's exam or score as part of the information required to be retained as\npart of a hazmat employee's training record, and on page 15 where it states that \"the HMR\nmandate the content and retention of training records; but [do] not prescribe the training\nrecord format.\"\nA3. Your understanding is correct. An employer is not required to retain a hazmat employee's\nexam or test results score to satisfy the recordkeeping requirement prescribed in\n§ 172.704(d). The HMR require that a record of a hazmat employee's training must\ninclude the following: (1) the employee's name; (2) their most recent hazmat training\ncompletion date; (3) a description, copy, or location of the training materials used to meet\nthe requirements prescribed in § 172.704(a); (4) the name and address of the person\nproviding the training; and (5) certification that the employee has been trained and tested\nin conformance with 49 CFR Part 172, Subpart H. However, a blank or completed copy\nof an employee's exam may be used to satisfy the requirement to maintain a copy of the\nhazmat training materials prescribed in § 172.704{d){3), and an employee's completed\nexam may be used as a record of his or her hazmat training.\nI hope this satisfies your request.\nSincerely,\n~/~~0iL-\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nENERGVSOLUTIONS\nEnergySolutions, Inc,\n2345 Stevens Drive Ste, 240\nRichland, Washington 99354\n(509) 375-9504 Phone\n(509) 371-2458 Fax\nJune 7,2010\nMr. Edward Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 211d Floor\nWashington, DC 20590-0001\nDear ML Mazzullo:\nRE: TRAINING RECORDKEEPING REQUIREMENTS\nEnergySolutions 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 (FMCSA) 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 record keeping 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 SteveJl~ Drive, Suite 240' Richland. WA 99354\n509.371.8006' Fax: 509.375.9500 • www,encrgy!>olutions.com\n\n<<<PAGE 4>>>\n\nENERGYSOLUTlONS\nMr. Edward Mazzullo\nPage 2\nJune 7,2010\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\nTraining Manager\nEnergySolutions, Inc.","truncated":false,"body_characters":6384}