{"operation":"document","citation":"98-0117","title":"The Andersons, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-06-17","effective_on":null,"summary":"98-0117 response to The Andersons, Inc. concerning 177.816.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0117.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0117.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0117","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980117.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S.Depariment\nof Transportation\nJCC. Severin Sires! 5 A\nSpecial Programs\nResearch and\nwasningion. 3 :\nAdministration\n•\nJUN I 7 1998\nMr. SeEs Anderson\nDagisties Services\nMarager\n=.s.\nthe andersons,\nInC.\nRef. No. 98-01:7\nB0K 1-9\nMaumae, CF 43537\ndear Mr. Andersor:\n:\nThis responds to your recent letter concerning training\nreguiremeris for drivers transporting hazardous materials.\nSpecifically, you asked is a driver wish a commercial drivers\nlicense (COL!\nand either a tank vehicle or hazardous materials\nencorsemens has satisfied the training requiremenes set forer. in\nHazardous Materials Regulations (MR; 49 CZR Barts :7I-160).\nSubpart # Of Part 172 specifies that a person who performs any\nmaterials is a hazardous material (hazmat)\nfunction tha: directly affects the transportation of hazardous\nreceive raining applicable to shose functions.\nemployee and must\nrequirements for a hazma: employee who aiso drives a commercia.\nThe training\nmoser rehicle are suppiemental so =he Licensing requiremeris.\nCereral awareness/familiarizatior craining is required\nhasma: ampiayees, and enabies drivers to recognize and identity\nfor ali\nhazardous materials consistent with hazard communication\nstandards. Compliance with the current requirements for a COL\nsatisiy these training requirements.\nprovides employees with general knowledge and skills and\nspecialised training may be necessary depending on the job\nHowever, additional\nmateriais.\nFurcaior and handling requirements for specific hazardous\nGrivers transporting hazardous materials that require shippirg\ncapers also must receive driver raining as required by\n_ 316(a) and (bi.\nreguirements for drivers who have me: she current reguiremen=s\n-\nCDL with a tank vehicle or hazardous materials endorsement.\nFather,\nrequireteres for a\n5= =.8i6|c; acknowledges sha= compliance wien\nendorsemen= provides a driver with\nCDL wish a sank venicle or hazardcus materials\nsilis necessary to safely operate a commercial motor vehicie\ntre gereral krowledge and\nwith hazardous materials cargo and may satisfy some of ine\n=raining requirements i= § =~-\n177816\n\n<<<PAGE 2>>>\n\n-\n3\nResponsibilisy for ensuring that the level cf craining is\nadequate\nempioyer. In she case of a driver who has a CDE with a cank\nand appropriate is the obligation of che hazma=\nvericie or hazardous materials endorsement, the employer must\nwith the training requirements of Part 172; Subpart E, and Par=\nascertain whether the driver needs additional training co comp-l\n177 o5 the HMR.\n= hope this information is helpful. If you have further\nquestions, please do not hesitate to contact this office.\nSincerely,\nThe\nI Callion\nThomas. AlLan\nSenior\nCffice of Hazardous Materials Standards\nTransportation Regulations Scecialis=\n\n<<<PAGE 3>>>\n\n•\nU.S.Department\n•\nof Transportation\n400 Seventh Street, SW\nWashington, D.C.\n20590\nSpecial Programs\nResearch and\nAdministration\nJUN I 7 1998\nMr. Jeff Anderson\nLogistics Services Manager\nThe Andersons, Inc.\nRef. No. 98-0117\nP.O. Box 119\nLE 20 BilaL 20022 6 3 20 2RD MAC\nMaumee, OH 43537\nDear Mr. Anderson:\nThis responds to your recent letter concerning training\nrequirements for drivers transporting hazardous materials.\nSpecifically, you asked if a driver with a commercial drivers\nlicense (CDL) and either a tank vehicle or hazardous materials\nendorsement has satisfied the training requirements set forth in\nthe Hazardous Materials Regulations\n(HMR; 49 CER Parts 171-180).\nSubpart H of Part 172 specifies that a person who performs any\nfunction that directly affects the transportation of hazardous\nmaterials is a hazardous material (hazmat) employee and must\nreceive training applicable to those functions.\nrequirements for a hazmat employee who also drives a commercial\nThe training\nmotor vehicle are supplemental to the licensing requirements.\nGeneral awareness/familiarization training is required for all\nhazardous materials consistent with hazard communication\nhazmat employees, and enables drivers to recognize and identify\nstandards. Compliance with the current requirements for a CDI\nprovides employees with general knowledge and skills and may\nsatisfy these training requirements.\nspecialized training may be necessary depending on the job\nHowever, additional\nmaterials.\nfunction and handling requirements for specific hazardous\nDrivers transporting hazardous materials that require shipping\npapers also must receive driver training as required by\n§ 177.816(a) and (b). Section 177.816 (c) does not waive these\nfor a CDI with a tank vehicle or hazardous materials endorsement.\nrequirements for drivers who have met the current requirements\nRather,\n$ 177.816 (C) acknowledges that compliance with\nrequirements for a CDI with a tank vehicle or hazardous materials\nendorsement provides a driver with the general knowledge and\nskills necessary to safely operate a commercial motor vehicle\nwith hazardous materials cargo and may satisfy some of the\ntraining requirements in § 177.816.\n177.816\n\n<<<PAGE 4>>>\n\n1\n-\n2\nResponsibility for ensuring that the level of training is\nadequate and appropriate is the obligation of the hazmat\nIn the case of a driver who has a CDL with a tank\nvehicle or hazardous materials endorsement, the employer must\nascertain whether the driver needs additional training to comply\nwith the training requirements of Part 172, Subpart H, and Part\n177 of the HMR.\nI hope this information is helpful. If you have further\nquestions,\nplease do not hesitate\nto contact this\noffice.\nSincerely,\nI Allan\nthomas. Ailan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 5>>>\n\nThe &\nAndersons\nThe Andersons, Inc., P. O. Box 119 Maumee, OH 43537 (419)893-5050\nMay 21, 1998\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 Seventh St. SW\nWashington, DC 20590\nDear Sir or Madame:\n--\n-\n-\nPlease advise me as to the answer to the following question so that our truck fleet can know\n\"what it needs to do to operate legally.\"\n49CFR177.816(c) apparently says that if a driver has both a CDL and either a tank vehicle or\nhazardous materials endorsement, then he is not required to be trained in the applicable\nrequirements of 49CFR parts 390 through 397 and the procedures necessary for the safe\noperation of that motor vehicle. This training that is waived includes 177.816(a)(1) through\n(6) and 177.816(b). Is this correct? If so, I apologize for asking a question with such an\nobvious answer; but I learned once before from the D.O.T. that a driver would be required to\nbe trained in hazardous materials according to subpart H of part 172, even though it appeared\nto me that this training was also being waived by the statement in 177.816(c). The D.O.T.\nexplained to me earlier that it was not the intention for the hazmat training to be waived; and\ntherefore even if one might interpret 177.816(c) to allow such waiving, the D.O.T. insists that\nhazmat drivers must be trained according to subpart H of part 172. Therefore I just don't\nwant to take a chance of misinterpreting these training rules.\nSincerely,\nLogistics Services Manager","truncated":false,"body_characters":7090}