{"operation":"document","citation":"11-0271","title":"Eastman Chemical Co. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-02-13","effective_on":null,"summary":"11-0271 response to Eastman Chemical Co. concerning 172.702, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0271.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0271.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0271","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110271.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Ave .. S.E.\nWashington. DC 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFEB 1 ,j 2U1:~\nJulie Brown\nEastman Chemical Co.\nP.O. Box 431\nKingsport, TN 37662\nReference No.: 11-0271\nDear Ms. Brown:\nThis is in response to your October 27, 2011 letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the\napplicability of training requirements for tank car inspectors performing a list of provided\njob functions. Specifically you ask if a tank car inspector who performs a visual on the\nground inspection consisting of the following tasks is required to have hazardous materials\ntraining in accordance with § 172.702 and § 172.704; verifying placards marked with UN\nidentification numbers match a list provided by the shipper, verifying tank car stenciling is\nlegible, verifying there is no evidence of material leaking from the bottom of the car,\nverifying there are no unsafe mechanical issues pertaining to operation, and reporting any\nissues to the shipper for proper disposition.\nThe answer to your question is yes. Hazmat employers are required by § 172.702(a) to\n\"ensure that each of its hazmat employees is trained in accordance with the requirements\"\nprescribed in Part 172, Subpart H of the HMR. As defined in § 171.8, a hazmat employee\nis a person who, in the course of his or her employment, \"directly affects hazardous\nmaterials transportation safety.\" An employee who inspects shipments and verifies\ncompliance with hazard communication requirements is performing a function that directly\naffects transportation safety and, thus, is subject to the training requirements in § 172.704\nof the HMR.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nDelmer Billings\nSenior Regulatory A visor\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nEastman Chemical Company\nP. O. Box431\nKingsport, Tennessee 37662\nEASTMAN\nOctober 27, 2011.\nWe b1\nU.S. DOT ~ Ill. S\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10 ~ 172· '7{J.b\nEast Building\n1200 New Jersey Avenue, SE. b £:+i VI itTOYlS\nWashington, DC 20590-0001\nII\"o~'11\nDear Sir/Madam:\nDo the following job functions meet the definition of a \"hazmat employee\" and require training\nunder 49 CFR 172.700?\nA tank car inspector who does performs a visual on the ground inspection that includes:\n• Verifying UN numbered placards match a list provided by shipper\n• Verifying tank car stenciling is legible\n• Verifying there is no evidence of material leaking from the bottom of the car\n• Verifying there are no unsafe mechanical issues pertaining to operation from ground\nlevel only\n• Reporting any issues to shipper for proper disposition\nBest Regards,..-- £\n~/~\nEastman Chemical Co\nP.O. Box 431\nKingsport, TN 37662\njvbrown@eastman.com\n423-229-6420\n~~\nResponsible Care®\nGood Chemistry at Work","truncated":false,"body_characters":2924}