{"operation":"document","citation":"15-0215","title":"Dangerous Good Logistics Solutions, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-03-24","effective_on":null,"summary":"15-0215 response to Dangerous Good Logistics Solutions, Inc. concerning 171.8, 172.702, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0215.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0215.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0215","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150215.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nMAR 3 4 2016\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMr. Kevin Lapp\nDangerous Goods Logistics Solutions, Inc.\n1672 Norway Road\nKendall, NY 14476\nRef. No.: 15-0215\nDear Mr. Lapp:\nThis letter is in response to your October 22, 2015 email and subsequent phone call requesting\nthe applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\ntraining requirements for hazmat employees. Specifically, you ask us to confirm your\nunderstanding that employees who author Safety Data Sheets (SDS) do not meet the\ndefinition of a \"hazmat employee\" and are not required to be trained. In your scenario, the\nemployees determine the hazard classification for the transportation section of the SDS but do\nnot physically prepare hazardous materials for transportation.\nHazmat employers are required by § 172.702(a) to \"ensure that each of its hazmat employees\nis trained in accordance with the requirements\" prescribed in Part 172, Subpart H of the\nHMR. As defined in § 171.8, a \"hazmat employee\" is any person who is \"employed in a full-\ntime, part-time, or temporary basis by a hazmat employer\" and who in the course of\nemployment \"directly affects hazardous materials transportation safety.\"\nThe HMR do not require safety data sheets. Rather, the regulations prescribe what must be\nincluded on shipping papers and in emergency response information accompanying shipments\nof hazardous materials. As provided in § 173.22, it is the shipper's responsibility to properly\nHMR are not hazmat employees, subject to the training requirements. However, if the SDS\nauthors are under contract by the client to determine the hazard class of materials intended for\ntransportation, then the SDS authors are considered hazmat employees and must be trained in\naccordance with the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nTAlenn Fister\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nLehman\n§ 171,8\nDefinitions\nDodd, Alice (PHMSA)\n15-0215\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nThursday, October 22, 2015 2:16 PM\nTo:\nHazmat Interps\nSubject:\nFW: Interpretation request\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. Mr. Lapp spoke with Kevin Leary.\nThanks,\nShelby\nFrom: Kevin Lapp [mailto:dgls2@yahoo.com]\nTo: PHMSA HM InfoCenter\nSent: Thursday, October 22, 2015 11:40 AM\nSubject: Interpretation request\nHello,\nI have a customer whose employees are Safety Data Sheet (SDS) authors. As part of this function they determine the transport\nclassification for section 14 of the SDS. This customer never actually prepares or offers hazardous materials for\ntransport. Their employees work strictly in an office environment and many from their homes. As I read the definition of\n\"hazmat employer\" and \"hazmat employee\" in 49CFR 171.8 I do not believe they meet either definition. However, the\ninto commerce. Would the fact that the authors determine the transport classification on the SDS qualify them as \"hazmat\ntransport classification the authors provide on the SDS could be used by their customers to prepare and offer hazards materials\nemployees\", and thus subject to all the DOT training requirements?\nThank you\nPresident\nKevin Lapp\nDangerous Goods Logistics Solutions, Inc.\n1672 Norway Rd.\nKendall, NY 14476\n(585) 259-0212\n1","truncated":false,"body_characters":3491}