{"operation":"document","citation":"13-0041","title":"Carry and Clean, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-05-06","effective_on":null,"summary":"13-0041 response to Carry and Clean, LLC concerning 172.704, 173.134, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0041.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0041.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0041","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130041.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWasl11ngton. DC 20590\nMA~ 0620l3\nMr. H. Michael Lord\nChief Operating Officer\nCarry and Clean, LLC\n6500 S Padre Island Drive, Suite 16D\nCorpus Christi, TX 78412-4055\nRE: 13-0041\nDear Mr. Lord:\nThis is in response to your February 8 and 11, 2013 e-mails requesting clarification of the\nHazardous Materials Regulations (HMR: 49 CFR Parts 171-180) applicable to training\nrequirements. In your letter, you ask whether training your company's workers on the\nDepatiment of Labor's Occupational Safety and Health Administration (OSHA) blood borne\npathogen regulations prescribed in 29 CFR 1910.1030 is sufficient to satisfy the training\nrequirements specified in the HMR. You also state your company's workers prepare and\ntransport medical waste solely within the state of Texas.\nThe answer is no. The HMR require each hazardous material (hazmat) employee who\nengages in activity that affects the safe transpoti of hazardous material in intrastate, interstate,\nand foreign commerce to complete a four-part hazardous materials training (see § 171. l and\n49 CFR Part 172, Subparts Hand 1). This training is to be administered by the employer, or if\nself-employed, by the individual, and must include general awareness, function-specific,\nsafety, and security awareness training as specified in§ 172.704(a) ofthe HMR, as well as\ndriver training in the applicable requirements of the Federal Motor Carrier Safety Regulations\n( 49 CPR Parts 390 through 397) and the procedures necessary for the safe operation of that\nmotor vehicle. The OSHA, Environmental Protection Agency, Federal Motor Carrier Safety\nAdministration's Commercial Driver's License, or other mandated training requirements may\nbe used to the extent that they satisfy the HMR's general awareness, function specific, and\nsafety training and testing requirements. Where this training does not satis(y the HMR, the\nemployer or self-employed person performing these tasks must provide additional training\nthat satisfies these requirements (see§ 177.816(c) and (d)).\nYou also ask if crime scene cleaning debris that is subject to OSHA bloodborne pathogen\nregulations but not considered \"UN 329 L Regulated medical waste, n.o.s., 6.2, PG II\"\n(RMW) by the State of Texas is subject to the HMR. In accordance with§ 173.22, it is the\nshipper's responsibility to properly class and describe a hazardous material. This Office does\nnot generally perform that function. Crime scenes and their cleanup operations may include\n\n<<<PAGE 2>>>\n\n...\nmaterials that meet several different HMR hazard classes such as poisonous gases (Division\n2.3) or materials (Division 6.1), flammable (Class 3) and corrosive liquids (Class 8), as well\nas materials known or suspected of containing a pathogen (Division 6.2 infectious\nsubstances). A shipper must classify the waste generated from a crime scene as a hazardous\nmaterial based on its knowledge of the materials present and whether any of them can be\nclassified as meeting the definition of a hazard class under the HMR. For example, a crime\nscene material that contains blood may be considered a Division 6.2 material if the shipper\nknows or suspects it contains a Category A or Category B pathogen as defined in\n§ 173.134(a)(l)(i) and (a)(l)(ii). Category A infectious substance pathogenic material is in a\nform that is capable of causing permanent disability or life-threatening or fatal disease in\notherwise healthy humans or animals when exposure to it occurs. Category B infectious\nsubstance pathogenic material includes all other infectious substances that do not meet the\nCategory A definition.\nThe HMR also contains several exceptions for transporting RMW. For example, a material\nthat is not known or suspected to contain an infectious substance and does not meet the\ndefinition of another hazardous material is not regulated under the HMR (see §§ 171.2(k) and\n173.134(b)(1)-(5)). Also, the HMR except RMW transported by a private or contract carrier\nfrom having to bear an \"INFECTIOUS SUBSTANCE\" label if the outer packaging is marked\nwith the \"BIOHAZARD\" marking prescribed in 29 CFR 1910.1030, and the specific\npackaging requirements prescribed in § 173 .197 if the material is packaged in a rigid, non-\nbulk packaging that conforms to the HMR's general packaging requirements in§§ 173.24 and\n173.24a and the packaging requirements specified in 29 CFR 1910.1030. Further, the\nexception prescribed in§ 173.134(c)(2) permits the following materials to be offered for\ntransportation and transported as RMW when packaged in a rigid non-bulk packaging\nconforming to the general packaging requirements of§§ 173.24 and 173.24a and packaging\nrequirements specified in 29 CFR 1910.1030, and transported by a private or contract carrier\nin a vehicle used exclusively to transport RMW:\n1) Waste stock or culture of a Category B infectious substance;\n2) Plant and animal waste regulated by the Animal Plant Health Inspection Service;\n3) Waste pharmaceutical materials;\n4) Laboratory and recyclable wastes;\n5) Infectious substances that have been treated to eliminate or neutralize pathogens;\n6) Forensic materials being transported for final destruction;\n7) Rejected or recalled health care products;\n8) Documents intended for destruction in accordance with the Health Insurance\nPortability and Accountability Act of 1996 requirements; and\n2\n\n<<<PAGE 3>>>\n\n9) Medical or clinical equipment and laboratory products provided they are properly\npackaged and secured against exposure or contamination (see Docket No. PHMSA-\n2009-0151 (HM-218F), July 20, 2011 (76 FR 43530)).\nI hope this satisfies your request.\n~erely,\nJ~ 1/J,tfld/o'\n{) Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n3\n\n<<<PAGE 4>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nFriday, February 08, 2013 2:54 PM\nDrakeford, Carolyn (PHMSA)\nFW: Request For Formal Letter of Interpretation\nMel!e~/ iUasfe\n13 -ooift\nHi Carolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\nFrom: H. Michael Lord [mailto:mike.lord@carryandclean.com]\nSent: Friday, February 08, 2013 12:04 PM\nTo: PHMSA HM InfoCenter\nCc: Sean Lord\nSubject: Request For Formal Letter of Interpretation\nTo Whom It May Concern:\nI own a Medical Waste Transpiration company that operations only within Texas. In other words, we do not\noperate between a place in the State of Texas and a place outside of the State of Texas, nor do we affect trade\nor transportation between a place in the State of Texas and a place outside of the State of Texas. All of our\nMedical Waste is transported via ground transportation (i.e., no registered aircraft). Ref: 49 USC§ 5102-\n'Definitions'.\nIt's my understanding that sections 49 CFR §171 - §180 cover Hazardous Materials, which includes infectious\nsubstances (e.g., Regulated Medical Waste- 49 CFR §173.134(a)(5)). 49 CFR 17l.1- (Applicability of Hazardous\nMaterials Regulations (HMR) to persons and functions' says: ((Applicability of Hazardous Materials Regulations\n(HMR) to persons and functions. Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) directs\nthe Secretary of Transportation to establish regulations for the safe and secure transportation of hazardous\nmaterials in commerce, as the Secretary considers appropriate.\"\nIs my company that solely conducts business within the confines of the State of Texas regulated by sections 49\nCFR §171- §180?\nWe buy our shipping containers from a vendor that manufactures them in compliance with 49 CFR 178, Subpart\nJ - (Specifications for Containers for Motor Vehicle Transportation'. We also label our containers with the\nappropriate identification numbers: UN 2814, UN 2900, UN 3373 or UN 3291 (49 CFR 173.134- Class 6, Division\n6.2-Definitions and exceptions).\nMore specifically I'm wondering if our OSHA 29 CR 1910.1030 training is enough, or if we need to augment it\nwith missing topics from 49 CFR Parts 172, Subpart H? How much of 49 CFR 172-1 HAZARDOUS MATERIALS\nTABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE\n1\n\n<<<PAGE 5>>>\n\nINFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS' applies to Texas-only Medical Waste\nTransporters like me?\nNot that it highly matters, but in August 2012 it was our attorney's opinion that none of these sections applied\nto us. I know others in the business and they mostly agree with my attorney. I'd appreciate learning what the\ndefinitive answer is!\nThanks,\nH. Michael Lord, CEO\nCarry And Clean, LLC\n2","truncated":false,"body_characters":8621}