# Dangerous Goods and Cargo Security Program — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 98-0221
- **title:** Dangerous Goods and Cargo Security Program — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 1998-08-19
- **effective on:** Not available
- **summary:** 98-0221 response to Dangerous Goods and Cargo Security Program concerning 171.8.
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- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980221.pdf
**body:**

<<<PAGE 1>>>

-
Memorandum
i
of Transportation
U.S. Department
Research and
Administration
Special Programs
Date
AUG | 9 1998
Reply to Attn of:
ACTION:
Clarification of Iraining Requirements
• all
From
Edward T.
Office of Hazardous Materials
Mazzullo, Director,
Standards
Ref. No:
98-0221
To
William Wilkening, Acting Manager,
Dangerous Goods and Cargo Security Program
This is in response to your memo of August 4, 1998, regarding the
definition of a "hazmat employee" in the Hazardous
Regulations (HMR; 49 CER Parts 171-180). Specifically, you ask
Materials
if persons are subject to the training requirements of the HMR if.—
they are not assigned to perform any hazardous materials
function, but have incidental contact with hazardous materials in
the course of conducting a security-related function (such as
moving a box, reviewing documentation to identify the shipper, or
searching through a piece of passenger baggage).
The term "hazmat employee," as defined in 49 CFR 171.8, includes
all persons who in the course of employment perform functions
that directly affect hazardous materials transportation safety.
Conversely, this term does not apply to every employed person who
works at or around an area where, for example, hazardous
materials are loaded, unloaded, handled or stored. The
employee's functional relationship to hazardous materials
transportation safety, rather than incidental contact with
hazardous materials in the work place, is the primary factor in
determining whether an individual is a "hazmat employee."
172.704 apply to an employee,
The training requirements specified in 49 CER 172.700 through
such
perform airline security functions
as a person who is assigned to
cargo for bombs or contraband), if that employee performs a
(e.g., profiling passengers or
function subject to the HMR.
"hazmat employee" is the result of the "hazmat employer's"
An employee's designation às a
assignment (implicit or inferred) of job functions to particular
individuals, including
supervisors.
awareness/familiarization training required for all "hazmat
In addition to the general
employees, " the "hazmat employer" must provide training for each

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31-8
trit
"hazmat employee" appropriate to the specific functions that a
person 1s required to periorm. It is the opinion of this Office
that persons who perform airline security functions that only
have "incidental contact"
above, but do not perform
with hazardous materials, as described
"hazmat employees"
functions subject to the HMR are not
the training requirements of the HMR.
as defined in the HMR and are not subject to
I hope this satisfies your request.
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