{"operation":"document","citation":"11-0293","title":"Con-Way Freight — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-30","effective_on":null,"summary":"11-0293 response to Con-Way Freight concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0293.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0293.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0293","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110293.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAY 3 0 2012\nMr. Michael Gardner\nManager of Safety Compliance\nCon-Way Freight\n2211 Old Earhart Road\nAnn Arbor, MI 48105\nRef. No. 11-0293\nDear Mr. Gardner:\nThis responds to your November 14, 2011 request for further clarification of your\nMarch 2, 2011 letter of clarification under Ref. No. 11-0063 on the recurrent training\nrequirements under § 172. 704( c )(2) of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically, you ask if it would be acceptable for an employer to provide\npartial recurrent individual training annually over the course of a 3-year period instead of\nproviding complete recurrent training to all hazmat employees every 3 years.\nWe have reviewed your follow up letter with additional clarifying information. Based on\nthe training records you provided with your letter, it is the opinion of this office that the\npartial training over the 3-year recurrent training cycle is not prohibited by the HMR\nprovided the training includes all required components specified in§ 172.704(a). Recurrent\ntraining must be completed within the 3-year recurrent training period and each partial\ntraining element must be repeated at least every 3 years. You should also note, although not\nprohibited, completing partial training sessions creates different recurrent training dates for\neach session which could be burdensome for recordkeeping.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat (202) 366-8553.\nSincerely,\n£~~\nBen Supko\nSenior Regulations Officer\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nNovember 14, 2011\n~oo+he.\n8 1'12. . 1 lJl-/\n.\n~ '\n\\rCA,,.. 1 ftj\nll-b2q3\nMr. Ben Supko, Chief Standards Development\nStandards and Rulemaking Division, U.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-Q001\nRef. No. 11-0063\nDear Mr. Supko:\nI am writing to provide further explanation and documentation regarding the interpretation you provided for the\ntraining requirements set forth in §172.704, specifically the requirements under §172.704(c)(2) Recurrent training.\nRef. No. 11-0063\nFirst, our intent of the requested interpretation is to confirm that the industry can provide recurrent training that is\ndivided into distinct modules and offered at varying times under and still qualify for recurrent training as required by\n§172.704(c)(2), provided that all modules (the complete training program) are provided at least once every three\nyears. This will enhance safety by providing employees with more frequent interaction with our safety directors and\nfacilitating greater retention of training topics due to the ability to focus on fewer topics during each training session\nand provide greater detail on each topic. We do not intend this request to impact obligations under 172.704(c)(1)(ii)\nwhere an employee has changed job function.\nSpecifically I ask, may a hazmat employee be trained in general awareness/familiarization, function-specific, safety,\nand security awareness training as required under §172.704(a)(1)-(4) and in-depth security training as applicable and\nas required under §172.704(a)(S) in the form of individual training sessions for each required training during separate\nsessions and dates as long as every training as required by §172.704(a)(1)-(4) and §172.704(a)(S) is given individually\nat least once every three years, as well as all trainings within 90 days of their effective date? Each training session\ncertificate would include the date ofthe training session. I have attached samples of recurrent training certificates to\nhelp clarify my request. . .... . . . .. . ..\nRespectfully,\nMichael Gardner\nManager of Safety Compliance\n2211 Old Earhart Road, Ann Arbor, Ml48105, (734) 757-1684 Office, (866) 922-6267 Fax","truncated":false,"body_characters":3967}