{"operation":"document","citation":"16-0136","title":"DuPont Corporation Center for Safety, Health, and Environment (SHE) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-09-27","effective_on":null,"summary":"16-0136 response to DuPont Corporation Center for Safety, Health, and Environment (SHE) concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0136.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0136.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0136","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160136.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nMr. Kevin M. Greene\nAdministration\nSenior Dangerous Goods Consultant\nSEP 2 7 2016\nDuPont Corporate Center for Safety, Health,\nand Environment (SHE)\n974 Centre Road\nWilmington, DE 19805\nReference No. 16-0136\nDear Mr. Greene:\nThis letter is in response to your August 11, 2016, letter and email requesting clarification of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the\ndefinition of a \"hazmat employee\" in § 171.8. Specifically, you seek confirmation that your\ncompany's Systems Applications and Products/Environmental Health and Safety (SAP/EHS)\nSoftware Program Coordinators are not considered hazmat employees under the HMR and,\ntherefore, are not required to receive hazmat training.\nYou state that your company's SAP/EHS Coordinators are only responsible for data entry and\ndo not make decisions pertaining to the classification or description of hazard materials.\nAccording to your letter, they receive information from company employees who are hazmat\ntrained in conformance with 49 CFR Part 172, Subpart H, and who classify and describe the\nhazard materials. You state the SAP/EHS Coordinators then transcribe and input this\ninformation about your company's hazardous materials shipments into a corporate shipping\npaper/Safety Data Sheet (SDS) database in a manner that allows it to appear on outbound\nshipping documents, SDSs, or other corporate documents.\nYour understanding is correct. A \"hazmat employee\" is a person who is employed by a\nhazmat employer or is self-employed and who, in the course of employment, \"directly affects\nhazardous materials transportation safety\" (see § 171.8). If your company's SAP/EHS\nCoordinators merely input data (e.g., proper shipping names, classification, authorized\npackagings) provided to them by a trained hazmat employee of your company, then they are\nnot considered hazmat employees and are not subject to the training requirements in 49 CFR\nPart 172, Subpart H. However, if they make determinations concerning regulatory\nrequirements applicable to the hazardous materials to be shipped as part of the performance of\ntheir duties, then the SAP/EHS Coordinators are considered hazmat employees and must be\nhazmat trained.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nI. Alena Foste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nEdmonson\n171:8\nGoodall, Shante CTR (PHMSA)\nDebunition an Abbrevation\nFrom:\nl- 0131\nSent:\nRivera, Jordan CTR (PHMSA)\nFriday, August 12, 2016 5:50 PM\nTo:\nSubject:\nlazmat Interps\nW: Request Clarification - HazMat Trainin\nAttachments:\nDOT_Clarification_Training_11Aug2016_KMG.pdf\nHi Shante/Alice,\nPlease submit this as a formal letter of interpretation. Please let me know if you have any questions.\nThanks,\nJordan\nFrom: Greene, Kevin M [mailto: KEVIN.M.GREENE@dupont.com]\nTo: PHMSA HM InfoCenter\nSent: Thursday, August 11, 2016 3:11 PM\nSubject: Request Clarification - HazMat Training\nDear Mr. Betts:\nI am requesting an interpretation relative as to if our \"SAP/EHS Coordinator\" meet the definition of a \"HazMat\nEmployee\" as defined in 49 CFR Part §171.8, and subsequently are subject to the training requirements in Subpart H of\nPart 172.\nPlease see attached PDF file for details regarding my letter of clarification.\nThank you,\nKevin M. Greene\nCenter for Safety, Health, and Environment (SHE) and Operational Excellence (OE)\nSr. Consultant Hazardous Materials / DOT Advocacy\nSHE Systems Team\n251.591.6803 (Primary)\n251.679.5330 (Secondary)\nThis communication is for use by the intended recipient and contains information that may be Privileged,\nconfidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally\nnotified that any use, copying or distribution of this e-mail,in whole or in part, is strictly prohibited. Please\nnotify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously\ndesignated as \"E-Contract Intended\", this e-mail does not constitute a contract offer, a contract amendment, or\nan acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact\ninformation for direct marketing purposes or for transfers of data to third parties.\nFrancais Deutsch Italiano Espanol Portugues Japanese Chinese Korean\nhttp://www.DuPont.com/corp/email\ndisclaimer.html\n\n<<<PAGE 3>>>\n\nCUPOND.\nKevin M. Greene\nSr. Dangerous Goods Consultant\nDuPont Corporate SHE\n974 Centre Road\nWilmington, DE 19805\nTelephone: 251.591.6903\nKevin. M.Greene@DuPont.com\n11 August 2016\nMr. Charles Betts\nDirector, Standards and Rulemaking Division, PHH-10\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nDear Mr. Betts:\nI am requesting an interpretation relative as to if our \"SAP/EHS Coordinator\" meet the definition\nof a \"HazMat Employee\" as defined in 49 CFR Part §171.8, and subsequently are subject to the\ntraining requirements in Subpart H of Part 172.\nin DuPont we have hazmat employees that are subject to the training requirements in Subpart H\nof Part §172. These hazmat employees are trained and qualified under the HMR to determine\nthe UN/ID number, proper shipping name, hazard class, packing group, and any additional\ndescriptions (e.g., Marine pollutant, hazardous substance, etc.). This information is documented\non an internal company form known as a \"U.S. Transportation Classification Protocol\".\nThe trained and qualified hazmat employee forwards the \"U.S. Transportation Classification\nProtocol\" to our \"SAP/EHS Coordinator\" who is essentially responsible for data entry only and\ntheir only function is to transcribe the hazardous materials basic description plus any additional\ninformation provided by our hazmat employee into our corporate shipping paper/SDS database\nthat will allow this information to subsequently appear on the outbound shipping document,\nSafety Data Sheet, or other corporate documentation. The SAP/EHS Coordinator is not\nresponsible for determining hazard classification, proper shipping descriptions, packaging, or\nany other HM function covered by the HMR.\nI am requesting confirmation of our opinion that our SAP/EHS Coordinator is not considered a\n\"HazMat Employee\" as defined in 49 CFR Part §171.8 of the HMR and would subsequently not\nbe required to receive Hazmat training.\n\n<<<PAGE 4>>>\n\nIf you have any questions or need additional information, please do not hesitate to contact me.\nSincerely,\nKevin M. Greene\nSr. Dangerous Goods Consultant","truncated":false,"body_characters":6769}