Dangerous Goods and Cargo Security Program — Hazardous Materials Safety Interpretation

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#

Page 231-8 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. # - -.#