{"operation":"document","citation":"11-0063","title":"Con-Way Freight — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-08-22","effective_on":null,"summary":"11-0063 response to Con-Way Freight concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0063.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0063.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0063","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110063.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue SE\nu.s. Department Washington. DC 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAd ministration\nAUG 22 2011\nMr. Michael Gardner\nManager of Safety Compliance\nCon-Way Freight\n2211 Old Earhart Road\nAnn Arbor, MI 48105\nRef. No. 11-0063\nDear Mr. Gardner:\nThis responds to your March 2,2011 request for clarification on the recurrent training\nrequirements under § 172.704(c)(2) under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically, you ask if it would be acceptable for an employer to provide partial\nrecurrent training annually over the course of a three-year period instead of providing complete\nrecurrent training to all hazmat employees every three years.\nThe answer is no. The HMR do not specifically authorize partial training annually to meet the\n3-year recurrent training requirement.\nSection 172.704(c)(2) requires a hazrnat employee to receive the training at least once every\nthree years. In addition, if major regulatory changes occur within this 3-year recurrent training\nperiod, hazrnat employees must receive training on the new regulatory requirements within 90\ndays of their effective date. Section 172.704(a)(l)-(4) requires hazrnat training to include:\ngeneral awareness/familiarization training; function-specific training; safety training; and\nsecurity awareness training. Additionally, § 172.704(a)(5) requires in-depth security training\nwhen a security plan is required by part 172, subpart 1.\nI hope this answers your inquiry. If you need additional assistance, please contact this office at\n(202) 366-8553.\nBen Supko\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nNeve, Seffli' foll.es~\n~oo+he-\nMarch 2, 2011\nq'17 Z ~\n76 '-/.\n.\nTYCltnl()J } ( - ()() b3\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nAttention: Interpretation of §172.704 Training requirements.\nTo Whom it May Concern:\nI am writing to request an interpretation on the training requirements set forth in §172.704, specifically the\nrequirements under §172.704(c)(2) Recurrent training.\nIf a hazmat employee receives partial (modular) training covering one-third of the complete requirements for\nrecurrent training every 12 months, meaning at the end of each three-year cycle, the employee would have received\nall required recurrent hazmat training, would this satisfy the requirements of §172.704(c)(2)?\nIn other words, would it be acceptable for an employer to provide partial recurrent training annually that over the\ncourse of a three-year period satisfies the requirements of §172.704(c)(2) instead of providing complete recurrent\ntraining to all hazmat employees every three years?\nRespectfully,\nMichael Gardner\nManager of Safety Compliance\n2211 Old Earhart Road. Ann Arbor. M148105. (734) 757-1684 Office. (866) 922-6267 Fax","truncated":false,"body_characters":2919}