Dangerous Good Logistics Solutions, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE MAR 3 4 2016 Washington, D.C. 20590 Pipeline and Hazardous Administration Materials Safety Mr. Kevin Lapp Dangerous Goods Logistics Solutions, Inc. 1672 Norway Road Kendall, NY 14476 Ref. No.: 15-0215 Dear Mr. Lapp: This letter is in response to your October 22, 2015 email and subsequent phone call requesting the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to training requirements for hazmat employees. Specifically, you ask us to confirm your understanding that employees who author Safety Data Sheets (SDS) do not meet the definition of a "hazmat employee" and are not required to be trained. In your scenario, the employees determine the hazard classification for the transportation section of the SDS but do not physically prepare hazardous materials for transportation. Hazmat employers are required by § 172.702(a) to "ensure that each of its hazmat employees is trained in accordance with the requirements" prescribed in Part 172, Subpart H of the HMR. As defined in § 171.8, a "hazmat employee" is any person who is "employed in a full- time, part-time, or temporary basis by a hazmat employer" and who in the course of employment "directly affects hazardous materials transportation safety." The HMR do not require safety data sheets. Rather, the regulations prescribe what must be included on shipping papers and in emergency response information accompanying shipments of hazardous materials. As provided in § 173.22, it is the shipper's responsibility to properly HMR are not hazmat employees, subject to the training requirements. However, if the SDS authors are under contract by the client to determine the hazard class of materials intended for transportation, then the SDS authors are considered hazmat employees and must be trained in accordance with the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, TAlenn Fister T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 2Lehman § 171,8 Definitions Dodd, Alice (PHMSA) 15-0215 From: Geller, Shelby CTR (PHMSA) Sent: Thursday, October 22, 2015 2:16 PM To: Hazmat Interps Subject: FW: Interpretation request Dear Shante and Alice, Forwarded is a request for a formal letter of interpretation. Mr. Lapp spoke with Kevin Leary. Thanks, Shelby From: Kevin Lapp [mailto:dgls2@yahoo.com] To: PHMSA HM InfoCenter Sent: Thursday, October 22, 2015 11:40 AM Subject: Interpretation request Hello, I have a customer whose employees are Safety Data Sheet (SDS) authors. As part of this function they determine the transport classification for section 14 of the SDS. This customer never actually prepares or offers hazardous materials for transport. Their employees work strictly in an office environment and many from their homes. As I read the definition of "hazmat employer" and "hazmat employee" in 49CFR 171.8 I do not believe they meet either definition. However, the into commerce. Would the fact that the authors determine the transport classification on the SDS qualify them as "hazmat transport classification the authors provide on the SDS could be used by their customers to prepare and offer hazards materials employees", and thus subject to all the DOT training requirements? Thank you President Kevin Lapp Dangerous Goods Logistics Solutions, Inc. 1672 Norway Rd. Kendall, NY 14476 (585) 259-0212 1#