{"operation":"document","citation":"18-0093","title":"AllTranstek, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-11-27","effective_on":null,"summary":"18-0093 response to AllTranstek, LLC concerning 172.704, 179.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0093.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0093.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0093","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70161/180093.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNOV 2 7 2018\nDavid J. Ronzani\nDirector, Railcar Regulatory Compliance\nAllTranstek, LLC\n1101 W. 3pt Street, Suite 200\nDowners Grove, IL 60515\nReference No. 18-0093\nDear Mr. Ronzani: ·\nThis letter is in response to your June 19, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to employee training\nrequirements. Specifically, you ask whether an employee must be trained and tested on each\nleak test procedure they may use, or if being generally trained on comparable topics, such as the\nquality assurance program and procedures as outlined in§ 179.7(e), is sufficient.\nThe HMR do not require any specific training curriculum; instead, training must.fulfill the\nrequirements outlined in§ 172.704. If the hazmat employer determines that providing generic\nleak test training as part of the quality assurance program is sufficient to fulfill training\nrequirements, more specific training is unnecessary to fulfill the employee's job function. Each\nhazmat employer has its own unique operational requirements. Therefore, it is the responsibility\nof a hazmat employer to determine the specific training needs of its hazmat employees based on\nthe employee's specific job functions. It is also the responsibility of the hazmat employer to\nensure and certify that each hazmat employee receives function-specific training concerning\nrequirements of the HMR, which are specifically applicable to the functions the employee\nperforms. See§ 172.704(a)(2).\nI hope this information is helpful. Please contact us if we can be of further assistance.\n\n<<<PAGE 2>>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Wednesday, June 20, 2018 5:04 PM\nHazmat Interps\nFW: Request Interpretation for 49 CFR 179.7(e}\nHi lkeya,\nThank you,\nJodi\nPlease submit the letter below for a letter of interpretation. Mr. Ronzani spoke with Breanna about his questions.\nFrom: Dave Ronzani [mailto:ronzani@Alltranstek.com]\nSent: Tuesday, June 19, 2018 7:03 PM\nTo: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov>\nSubject: Request Interpretation for 49 CFR 179.7(e)\nHazardous Material Information Center,\nI would like to request an interpretation for 49 CFR 179.7(e). This paragraph states that \"Each tank car facility shall train its\nemployees ... on the program and procedures specified in paragraph (b) ... \"\nIn regards to the word \"procedures\" in this paragraph, does that mean that an employee must be trained and tested (per\nsubpart H, 172) on every procedure that the employee may use in regards to paragraph (b)?\nFor example, an employee that has been certified in the Leak Test nondestructive test method {ref. 179.7(b)(9}}, as a level II\nin Leak Testing meeting the requirements of AAR M-1002 Appendix T, has been trained and tested on a generic procedure\nwhich specifically evaluates the employee's ability to use a Leak Test procedure. That employee may be called upon to\nperform Leak Testing to a variety of tank car owners Leak Test procedures. Does the employee need to be trained and\ntested on each Leak Test procedure they may use? Or does being trained, tested, and certified on how to use a Leak Test\nprocedure meet the training requirements specified in 179.7(e)?\nThank You\nDave\nDavid J. Ronzani\nDirector, Railcar Regulatory Compliance\nAIITranstek, L.L.C.\n1101 W. 31st Street, Suite 200\nDowners Grove, Illinois 60515\nCell: 219-670-3401\nFax:630-689-9494\nronzani@alltranstek.com\n1","truncated":false,"body_characters":3593}