Myers Industries, Inc. — Hazardous Materials Safety Interpretation

Page 1• of Transportation U.S.Department Washington, D.C. 20590 400 Seventh Street, SW Special Programs Research and Administration MAR 1 9 1999 Ms. Barb Germano Ref. No. 98-0326 Safety & Risk Administrator Myers Industries, Inc. 1293 South Main Street • Akron, OH 44301 •Ar to da. Dear Ms. Germano: ... ...This.is in response to your letter dated October 20, 1,998. Materials regarding the training requirements under the Hazardous Regulations (HMR; 49 CER Parts 171-180).. - Specifically, you request clarification on whether your • employees would require DOT. training. "According to the HMR, a'hazmat employée is a person employed by a hazmat employer and during the course of his/her employment directly affects hazardous materials transportation safety (see § 171.8). In other words, a person who performs duties that are regulated under the HMR is considered to be a hazmat employee. Section 172.704 requires a hazmat employee to receive general awareness, function specific, and safety training. Based on the information provided in your letter, your employees perform functions subject to the HMR, such as securing closures on packagings that contain hazardous materials, as evidenced by the signed customer certification which states in part that "all closures are in place and have been secured as required by 49 CFR 173.29 (a) and 173.24 (b) (1) " Any employee who performs a function covered by the HMR, e.g., secures these closures, is a hazmat employee.#

Page 2Section 172.704 (b) states that training conducted by employers the Occupational Safety and Health Administration (OSHA) of to comply with the hazard communication programs required by the Department of Labor (29 CFR 1910.120), to the extent that training addresses the general awareness, function specific, and safety training, may be used to satisfy DOT training, in order to avoid unnecessary duplication of training. I hope this satisfies your request. Sincerely, for that. Cellar John A. Gale Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 3DAH " ° 172.702 M 98-0326 MYERS INDUSTRIES, INC: ACTION is assigned to S-10 October 20, 1998 United States Department of Transportation 400 Seventh St. S.W. Washington, DC 20590 Please advise if training requirements would apply (for our employees) in the following case: We purchase chemicals from Southchem for use at our facility. When the drums are empty, the chemical company picks up the empty drums. The chemical company provides the paperwork, etc. Our facility simply allows the empty drums tobe picked up. : : .. All of our employees have had the OSHA required Haz Com training. Is DOT Haz Mat training also required? .: I have enclosed a copy of the paperwork used by Southchem. I appreciate your answer. Sincerely, Bart Versano Barb Germano Safety & Risk Administrator 1293 South Main Street • Akror, Ohio 44301 • (330) 253-5592 • Fax: (330) 761-6166#

Page 4FEB 12'99 16: 14 FR FINANCE-DEPT. 0 390 061 656 12823663012 P.ø1 • SOUTHCHEM. Inc. CONTAINER RECEIVING REPORT SOUTHCHEM LOCATION cham MC 80619 CUSTOMER - Malden Solution DATE- 10-12-98 ADDRESS. Mebane TIME IN. TIME OUT. RECEIVED BY (DRIVER) → CHECKED INTO WAREHOUSE BY:- DATE: Poly 55 Gallon Delbarrel GOOD 9181 DAMAGED Poly Portable Tanks GOOD 9515 DAMAGED Poly 15 Gallon Delbarrel GOOD 9251 DAMAGED Stainless Steel Portable Tanks DAMAGED GOOD Poly Drum S Gallon GOOD Yellow Cage Steel Poly GOOD Portable Tanks. DAMAGED.. Steel Drum 55 Gallon EXOD 4480 DAMAGED. 3 Super Bag (Ton) GOOD 9520 DAMAGED Enter Product Name And Number of Container(s) For Each Product Here: 150# Chlorine Cylinder GOOD 925 DAMAGED 150# Sulfur Dioxide Cylindez DAMAGED GOOD Tolvene 150# Ammonia Cylinder GOOD 9201 DAMAGED List:Eylinder-Numbers Below. (By:Product. Arthur Stainless Drum 55 Gallon GOOD 9272 DAMAGED Stainless Drum 15 Gallon GOOD 9431 DAMAGED • Pallets. 9375 2" Bungs 1351 ¾" Bungs 1350 BY (CUSTOMER'S SIGNATURE) 1017-98 (PRINT NAVE) TITLE ... ** TOTAL PAGE.001 **#