{"operation":"document","citation":"13-0056","title":"UPS — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-04-05","effective_on":null,"summary":"13-0056 response to UPS concerning 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0056.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0056.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0056","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130056.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department ofTransportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nAPR 0 5 2013\nMr. Matthew Maslanka\nDivision Manager\nUPS\n21 00 Center Square Road. Suite 400\nLogan Township, NJ 08085\nRef. No.: 13-0056\nDear Mr. Maslanka:\nThis is in response to your March 4, 2013 letter requesting clarification of the requirements in\nthe Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180) applicable to training\nrequirements.\nIn the scenario you provide, the shipper prepares small quantity packages in accordance with\n§ 173 .4. Your company then collects the packages and returns them to your terminal where the\npackages are sorted, weighed and routed via domestic ground transportation. Specifically, you\nask whethet employees handling a product that meets the small quantity requirements of\n§ 173.4 are subject to the training requirements of Subpart H in Part 172.\nThe answer to your question is no. Materials which meet the requirements of§ 173.4 are not\nsubject to any other requirements of the HMR. Therefore, persons who handle shipments of\nhazardous materials under the provisions of§ 173.4 are not subject to the formal training\nrequirements of Subpart H in Part 172, unless they perform other hazardous materials\ntransportation functions.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\n-\nm~-\nDelmer Billings ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nUPS\nMatthew Maslanka\n21 00 Center Square Road, Suite 400\nLogan Township, NJ 08085\n856-467-5077\nMMaslanka@ups.com\nDear Mr Betts,\nEnclosed is a sample of a product that one of our customer ships on a monthly basis. All the boxes are\nindividual. They have documentation the shows that the product conforms with 49 CFR 173 .4. I have\nenclosed those letters. They prepare all the boxes, we pick them up and bring them back to our\nlocation, sort them, weigh each package, move product on ground transportation throughout the\ncountry, and induct to the USPS for final delivery.\nMy question is: Do all my employees need documented Hazardous Training? Does the training need to\nbe completed and documented every 3 years? What kind of training if any needs to be completed?\nI appreciate any guidance or ruling you can provide back to me in writing so we are not at risk for\nOSHA or any violations.\nIf you can give an immediate since the customer wants to start next week.\nMatthew Maslanka\nDivision Manager, UPS","truncated":false,"body_characters":2539}