The Andersons, Inc. — Hazardous Materials Safety Interpretation

Page 1• U.S.Depariment of Transportation JCC. Severin Sires! 5 A Special Programs Research and wasningion. 3 : Administration • JUN I 7 1998 Mr. SeEs Anderson Dagisties Services Marager =.s. the andersons, InC. Ref. No. 98-01:7 B0K 1-9 Maumae, CF 43537 dear Mr. Andersor: : This responds to your recent letter concerning training reguiremeris for drivers transporting hazardous materials. Specifically, you asked is a driver wish a commercial drivers license (COL! and either a tank vehicle or hazardous materials encorsemens has satisfied the training requiremenes set forer. in Hazardous Materials Regulations (MR; 49 CZR Barts :7I-160). Subpart # Of Part 172 specifies that a person who performs any materials is a hazardous material (hazmat) function tha: directly affects the transportation of hazardous receive raining applicable to shose functions. employee and must requirements for a hazma: employee who aiso drives a commercia. The training moser rehicle are suppiemental so =he Licensing requiremeris. Cereral awareness/familiarizatior craining is required hasma: ampiayees, and enabies drivers to recognize and identity for ali hazardous materials consistent with hazard communication standards. Compliance with the current requirements for a COL satisiy these training requirements. provides employees with general knowledge and skills and specialised training may be necessary depending on the job However, additional materiais. Furcaior and handling requirements for specific hazardous Grivers transporting hazardous materials that require shippirg capers also must receive driver raining as required by _ 316(a) and (bi. reguirements for drivers who have me: she current reguiremen=s - CDL with a tank vehicle or hazardous materials endorsement. Father, requireteres for a 5= =.8i6|c; acknowledges sha= compliance wien endorsemen= provides a driver with CDL wish a sank venicle or hazardcus materials silis necessary to safely operate a commercial motor vehicie tre gereral krowledge and with hazardous materials cargo and may satisfy some of ine =raining requirements i= § =~- 177816#

Page 2- 3 Responsibilisy for ensuring that the level cf craining is adequate empioyer. In she case of a driver who has a CDE with a cank and appropriate is the obligation of che hazma= vericie or hazardous materials endorsement, the employer must with the training requirements of Part 172; Subpart E, and Par= ascertain whether the driver needs additional training co comp-l 177 o5 the HMR. = hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, The I Callion Thomas. AlLan Senior Cffice of Hazardous Materials Standards Transportation Regulations Scecialis=#

Page 3• U.S.Department • of Transportation 400 Seventh Street, SW Washington, D.C. 20590 Special Programs Research and Administration JUN I 7 1998 Mr. Jeff Anderson Logistics Services Manager The Andersons, Inc. Ref. No. 98-0117 P.O. Box 119 LE 20 BilaL 20022 6 3 20 2RD MAC Maumee, OH 43537 Dear Mr. Anderson: This responds to your recent letter concerning training requirements for drivers transporting hazardous materials. Specifically, you asked if a driver with a commercial drivers license (CDL) and either a tank vehicle or hazardous materials endorsement has satisfied the training requirements set forth in the Hazardous Materials Regulations (HMR; 49 CER Parts 171-180). Subpart H of Part 172 specifies that a person who performs any function that directly affects the transportation of hazardous materials is a hazardous material (hazmat) employee and must receive training applicable to those functions. requirements for a hazmat employee who also drives a commercial The training motor vehicle are supplemental to the licensing requirements. General awareness/familiarization training is required for all hazardous materials consistent with hazard communication hazmat employees, and enables drivers to recognize and identify standards. Compliance with the current requirements for a CDI provides employees with general knowledge and skills and may satisfy these training requirements. specialized training may be necessary depending on the job However, additional materials. function and handling requirements for specific hazardous Drivers transporting hazardous materials that require shipping papers also must receive driver training as required by § 177.816(a) and (b). Section 177.816 (c) does not waive these for a CDI with a tank vehicle or hazardous materials endorsement. requirements for drivers who have met the current requirements Rather, $ 177.816 (C) acknowledges that compliance with requirements for a CDI with a tank vehicle or hazardous materials endorsement provides a driver with the general knowledge and skills necessary to safely operate a commercial motor vehicle with hazardous materials cargo and may satisfy some of the training requirements in § 177.816. 177.816#

Page 41 - 2 Responsibility for ensuring that the level of training is adequate and appropriate is the obligation of the hazmat In the case of a driver who has a CDL with a tank vehicle or hazardous materials endorsement, the employer must ascertain whether the driver needs additional training to comply with the training requirements of Part 172, Subpart H, and Part 177 of the HMR. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, I Allan thomas. Ailan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 5The & Andersons The Andersons, Inc., P. O. Box 119 Maumee, OH 43537 (419)893-5050 May 21, 1998 Research and Special Programs Administration U.S. Department of Transportation 400 Seventh St. SW Washington, DC 20590 Dear Sir or Madame: -- - - Please advise me as to the answer to the following question so that our truck fleet can know "what it needs to do to operate legally." 49CFR177.816(c) apparently says that if a driver has both a CDL and either a tank vehicle or hazardous materials endorsement, then he is not required to be trained in the applicable requirements of 49CFR parts 390 through 397 and the procedures necessary for the safe operation of that motor vehicle. This training that is waived includes 177.816(a)(1) through (6) and 177.816(b). Is this correct? If so, I apologize for asking a question with such an obvious answer; but I learned once before from the D.O.T. that a driver would be required to be trained in hazardous materials according to subpart H of part 172, even though it appeared to me that this training was also being waived by the statement in 177.816(c). The D.O.T. explained to me earlier that it was not the intention for the hazmat training to be waived; and therefore even if one might interpret 177.816(c) to allow such waiving, the D.O.T. insists that hazmat drivers must be trained according to subpart H of part 172. Therefore I just don't want to take a chance of misinterpreting these training rules. Sincerely, Logistics Services Manager#