{"operation":"document","citation":"22-0048","title":"Tom Morales — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-12-06","effective_on":null,"summary":"22-0048 concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0048.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0048.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0048","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77016/220048.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 6, 2022\nMr. Tom Morales\nCPNPP Training Support Manager\nPO Box 1002\nGlen Rose, TX 76043\nReference No. 22-0048\nDear Mr. Morales:\nThis letter is in response to your May 11, 2022, email and subsequent phone conversation with a\nmember of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180) applicable to the definition of a hazmat employee. Specifically, you ask\nwhether certain employees are considered hazmat employees and therefore subject to training in\naccordance with 49 CFR Part 172, Subpart H.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether facility equipment operators, who operate on-site bulk storage tanks in\npreparation for loading with hazardous materials from a cargo tank truck—i.e., operate\nthe valves on the tanks—meet the definition of a hazmat employee. You state that the\nfacility equipment operators are responsible for controlling the flow valves of your bulk\nstorage system after the carrier connects the delivery hose from the cargo tank truck.\nA1. The answer is yes. In the scenario you described, the facility equipment operators\ndirectly affect the transportation—which includes unloading from a bulk package—of the\nhazardous materials and are subject to the training requirements. Because the facility\nequipment operators are directly involved in managing the flow of hazardous materials\nfor unloading while in the presence of carrier personnel, they are considered to be\nperforming a function subject to the HMR.\nQ2. You ask whether the definition of a hazmat employee is applicable to chemistry\ntechnicians who, prior to accepting a delivery, sample the product (e.g., fuel) to ensure\nthat the material meets certain specifications.\nA2. The answer is no, if the sampling that is performed does not directly affect the\ntransportation (including unloading from a bulk package) of the hazardous material.\n\n<<<PAGE 2>>>\n\nQ3. You ask whether “shield mechanics”—who are responsible for removing a security\nshield during delivery of diesel fuel to allow it to be offloaded into underground storage\ntanks—are considered hazmat employees. You state that the shield mechanics are only\nresponsible for removing security shields that allow unloading to occur, and do not\nperform any unloading of the hazardous materials itself.\nA3. The answer is no. As provided in A2, if the removal of the shields by the mechanic does\nnot directly affect the transportation of the hazardous material, a shield mechanic would\nnot meet the definition of a hazmat employee.\nQ4. You ask whether mechanics, who offload hazardous materials from the transport vehicle\nin the presence of the carrier once the vehicles have arrived onsite, meet the definition of\na hazmat employee requiring hazmat training in accordance with 49 CFR Part 172,\nSubpart H.\nA4. The answer is yes. As provided in § 171.8, the term hazmat employee includes an\nindividual who, during the course of employment, loads, unloads, handles hazardous\nmaterials, or operates a vehicle used to transport hazardous materials.\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\n\n<<<PAGE 3>>>\n\nCasey\n22-0048\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Question on HAZMAT Training Requirements\nDate: Wednesday, May 18, 2022 1:53:17 PM\nSee below request for interpretation.\nThanks,\nJonathon, HMIC\nFrom: Morales, Tom <Tom.Morales@luminant.com>\nSent: Tuesday, May 17, 2022 4:54 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: FW: Question on HAZMAT Training Requirements\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nAs I discussed with Jonathon on the phone today, I am asking for a formal written response to the\nquestions below.\nMy mailing address is:\nTom Morales\nPO Box 1002\nGlen Rose TX 76043\nTom Morales\nCPNPP Training Support Manager\nW 254-897-5305\nC 817-487-8953\nFrom: Morales, Tom\nSent: Wednesday, May 11, 2022 11:07 AM\nTo: infocntr@dot.gov\nSubject: Question on HAZMAT Training Requirements\nTo whom it may concern,\nI am trying to determine whether certain employees are required to complete HAZMAT training\nbased upon their roles in our organization.\nEquipment Operator:\nWe have operators who align our onsite bulk storage tanks in order to receive hazardous\n\n<<<PAGE 4>>>\n\nchemicals such as hydrogen. The truck driver has the responsibility to connect the hose to our\nbulk storage system and controls the offload of the truck contents. Is the equipment operator\ndefined as a HAZMAT employee thus required to complete the DOT/HAZMAT training?\nChemistry Technician:\nChemistry technicians are required to sample fuel tankers prior to offload to ensure the diesel\nquality meets our minimum specifications. The technicians have no role in the actual offload\nof the fuel tankers. The truck driver is responsible for offloading the fuel. Are the Chemistry\nTechnicians considered to be HAZMAT employees thus required to complete the\nDOT/HAZMAT training?\nMechanical Maintenance Personnel:\nMechanics are required to remove missile shields in order for Diesel Fuel to be offloaded into\nour underground storage tanks. Once the shield is removed the mechanics have no role in the\noffloading of the fuel , the truck driver is responsible for connecting hoses and offloading of\nthe diesel fuel. Are these mechanics considered to be HAZMAT employees thus required to\ncomplete the DOT/HAZMAT training?\nMechanics offload canisters of new nuclear fuel from the transport carrier once they have\narrived onsite. The canisters contain new 5% enriched uranium fuel rods. Are these mechanics\nconsidered to be HAZMAT employees thus required to complete the DOT/HAZMAT training?\nRespectfully,\nTom Morales\nCPNPP Training Support Manager\nW 254-897-5305\nC 817-487-8953\nConfidentiality Notice: This email message, including any attachments, contains or may contain\nconfidential information intended only for the addressee. If you are not an intended recipient of this\nmessage, be advised that any reading, dissemination, forwarding, printing, copying or other use of\nthis message or its attachments is strictly prohibited. If you have received this message in error,\nplease notify the sender immediately by reply message and delete this email message and any\nattachments from your system.","truncated":false,"body_characters":6668}