{"operation":"document","citation":"22-0025","title":"University of Rhode Island — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-03-23","effective_on":null,"summary":"22-0025 response to University of Rhode Island concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0025.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0025.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0025","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77356/220025.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 23, 2023\nNic Englehart\nUniversity of Rhode Island\nEnvironmental Health & Safety\n177 Plains Road\nKingston, RI 02881\nReference No. 22-0025\nDear Mr. Englehart:\nThis letter is in response to your March 11, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to pre-transportation functions.\nSpecifically, you relate a circumstance in which fieldwork in remote locations necessitates a\ntrained hazmat employee to prepare hazardous material for shipment, however, you sometimes\nhave difficulty locating someone qualified to provide such service. You provide a scenario where\nyou—as a trained hazmat employee—would provide direct supervision via video-call to an\nuntrained employee (i.e., a colleague) while the untrained employee performs pre-transportation\nfunctions (e.g., selecting hazardous material packagings, markings, labels, and preparing\nshipping papers) and ask whether the HMR allows for such virtual supervision of untrained\nemployees when performing pre-transportation functions.\nThe answer is no, insofar as it is the understanding of this Office that your colleague will not be\nhazmat trained within 90 days. Persons performing functions subject to the HMR must be\ntrained as specified in § 172.704. The HMR affords new employees and those who change job\nfunctions the opportunity to perform hazmat functions under direct supervision; however, the\nemployee must be fully trained within 90 days. Specifically, in accordance with § 172.704(c)(1),\na new employee or a hazmat employee who changes job functions may perform the new\nfunctions prior to completing the required training, provided: (1) the employee is under direct\nsupervision of a properly trained hazmat employee; and (2) the training is completed within 90\ndays after employment or a change in job function. These requirements apply to all hazmat\nemployees, regardless of the frequency of performance of the functions. Accordingly, in a\nscenario as described in your message, it is the opinion of this Office that the untrained person\nmay perform the function under direct supervision via video call provided the following are\nsatisfied: the supervising hazmat employee is able to instruct the employee how to properly\nperform the hazmat function, the supervising hazmat employee is able to observe the employee’s\nperformance of the function, the supervising hazmat employee is able to take immediate\n\n<<>>\n\ncorrective action regarding any function not performed in conformance with the HMR1, and the\nuntrained employee completes hazmat training within 90 days of performing the job function.\nIf you are unable to demonstrate compliance with the training requirements, you may apply for a\nspecial permit by submitting an application to the Associate Administrator for Hazardous\nMaterials Safety in conformance with the requirements prescribed in 49 CFR Part 107, Subpart\nB. You may obtain information on the special permit application process from our website at\nhttps://www.phmsa.dot.gov/approvals-and-permits/hazmat/hazardous-materials-approvals-and-\npermits-overview, or by calling PHMSA's Approvals and Permits Division at (202) 366-4511.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n1 See final rule HM-222B (61 FR 27166, 27169; May 30, 1996).\n\n<<>>\n\nCardez\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for Interpretation\nDate: Wednesday, April 13, 2022 9:33:12 AM\n22-0025\nHello Alice,\nPlease see the below request for interpretation.\nLet me know if you have any questions.\nRegards,\n-Breanna\nFrom: Nicholas Englehart \nSent: Friday, March 11, 2022 10:57 AM\nTo: INFOCNTR (PHMSA) \nCc: Shipping/Receiving URI/GSO \nSubject: Request for Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nHello\nI work at a university where I ship dangerous goods for professors. Oftentimes we are shipping\nmaterials out for fieldwork, sometimes in remote locations. As the sole person trained and certified\nto ship dangerous goods at my institution, I've faced a dilemma. Professors are not always able to\nlocate someone trained and certified to ship dangerous goods for the return shipment of their\nfieldwork.\nTherefore, I'm requesting an interpretation of whether I can video-call a colleague to provide direct\noversight and supervision while they prepare and package dangerous goods for transport. Such that,\nI can provide real time feedback to ensure corrective measures are being taken (i.e., not signing a\ndangerous goods declaration until the package is in full compliance based on appearance and\ndiscussion with the colleague). All appropriate shipping materials (e.g., UN-rated packaging, packing\nmaterials, markings, labels) would be available for the colleague on the video-call.\nThank you\n--\nNic Englehart, CSP\nChemical Hygiene Officer &\nDangerous Goods Shipping Specialist\n\n<<>>\n\nUniversity of Rhode Island\nEnvironmental Health & Safety\noffice: 401-874-5740\ncell: 401-203-1131\nemail: nenglehart@uri.edu (he/him)","truncated":false,"body_characters":5532}