{"operation":"document","citation":"12-0175","title":"International Union UAW — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-01-25","effective_on":null,"summary":"12-0175 response to International Union UAW concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0175.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0175.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0175","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120175.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\nJAN 2 5 2013\nAndrew Comai\nInternational Union UA W\n8000 E Jefferson\nDetroit, MI 48103\nReference No. 12-0175\nDear Mr. Comai:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CPR 171-180) applicable to a woman dying fol1owing a hazardous\nmaterial incident. Following is your description of the incident:\nA driver working at a trucking terminal pumps diesel fuel into a truck's\nfuel tanks as a normal part of her work. In the case of diesel spills she\nresponds to spills with defensive measures. (Another worker who\nhandles bulk storage transfers of diesel fuel is trained in spill cleanup).\nThe driver is doused with fuel as she removes the pump from the tank\nof the vehicle. Some diesel fuel is spilled, not enough to trigger\n\"Reportable Quantity\" requirements under DOT [U.S. Department of\nTransportation], EPA [Environmental Protection Agency], or OSHA\n[U.S. Department of Labor's Occupational, Safety and Health\nAdministration]. However, some of the spilled diesel fuel soaks the\nworker's clothing. The worker handling the fuel is sent to a hospital\nafter finding the emergency eyewash and shower are non-functional,\ncomplaining of inhalation of diesel vapors, and burning skin where the\ndiesel came in contact with the body. She dies the next day from acute\nrespiratory distress syndrome triggered by \"possible inhalation of diesel\nfuel.\"\nYour questions are paraphrased and answered as follows:\nQ 1. Does the employee (driver) meet the definition of \"hazmat employee\"\nin§ 171.8 ofthe HMR?\nA 1. Based on the information in your e-mail, we do not have sufficient\ninformation to determine if the driver meets the definition of\"hazmat\nemployee\" under§ 171.8 ofthe HMR. The definition of\"hazmat\nemployee\" reads in part that a person, who in the course of\nemployment, directly affects hazardous materials transportation safety;\n\n<<<PAGE 2>>>\n\nQ2. A2. Q3. loads, unloads, or handles hazardous materials; prepares hazardous\nmaterials for transportation; is responsible for the safety of\ntransporting hazardous materials; or, operates a vehicle used to\ntransport hazardous materials.\nPHMSA has no knowledge as to what cargo the driver was\ntransporting. Filling the fuel tank to drive a truck is not a pre-\ntransportation function, as defined in § 171.8.\nDoes this incident qualify as a \"reportable incident\" according to § 171.15 (b)\noftheHMR?\nNo, the decedent driver was filling up the fuel tank for operating the truck. The\nincident did not involve the cargo, which may or may not have been a hazardous\nmaterial.\nWhat specific exemptions or exceptions apply to the incident, the work process being\nperformed, the employee's status as a possible hazmat employee, or any other aspect\nof the incident?\nA3. None.\nQ4. Is there a statute of limitations for a complaint to be filed with DOT regarding this\nincident?\nA4. No. Hazardous materials incidents should be reported as soon as practicable, but no\nlater than 12 hours after the incident, to the National Response Center (NRC). An\nincident report should be filed within 30 days.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: Betts, Charles (PHMSA)\nSent:\nTo:\nSubject: Monday, August 13,2012 9:37AM\nDrakeford, Carolyn (PHMSA)\nFW: Feedback: General Questions/Comments Regarding the PHMSA Enforcement Program\nImportance:\nHigh\n-----Original Message-----\nFrom: PHMSA Webmaster\nSent: Friday, August 10, 2012 5:31PM\nTo: HM-Enforcement (PHMSA); PHMSA Webmaster\nSubject: Feedback: General Questions/Comments Regarding the PHMSA Enforcement Program\nIncident description: A driver working at a trucking terminal pumps diesel fuel into a truck's fuel tanks as a normal part\nof her work. In the case of diesel spills she responds to spills with defensive measures. (Another worker who handles\nbulk storage transfers of diesel fuel is trained in spill cleanup). The driver is doused with fuel as she removes the pump\nfrom the tank of the vehicle. Some diesel fuel is spilled, not enough to trigger 'Reportable Quantity' requirements under\nDOT, EPA, or OSHA. However, some of the spilled diesel fuel soaks the worker's clothing. The worker handling the fuel is\nsent to a hospital after finding the emergency eyewash and shower are non-functional, complaining of inhalation of\ndiesel vapors, and burning skin where the diesel came in contact with the body. She dies the next day from acute\nrespiratory distress syndrome triggered by \"possible inhalation of diesel fuel\".\nQuestions:\n-Is the employee considered a \"hazmat employee\" under the definition provided in 49 CFR 171.8?\n-Does this incident qualify as a \"reportable incident\" according to 49 CFR 171.15 (b)?\n-What specific exemptions or exceptions apply to the incident, the work process being performed, the employee's status\nas a possible 'hazmat employee', or any other aspect of the incident?\n-Is there a 'statute of limitations' in terms of the amount of time allowed for a complaint to be filed with DOT in relation\nto said incident?\nName: Andrew Comai\nOrganization: International Union UAW\nEmail:=~=~~~\nAddress: 8000 E Jefferson\nCity: Detroit\nZip Code: 48103\nPhone: 313 926-5563\nCountry: United States\nFAX: 313 9265579\n1","truncated":false,"body_characters":5425}