H.B. Fuller Automotive Company — Hazardous Materials Safety Interpretation

Page 1• • • of Transportation US. Department Washington, D.C. 400 Seventh Streel, SW 20590 Research and ! Special Programs Administration MAR - 4 1993 • Mr. Gene Secor H.B. Fuller Automotive Company 31601 Research Park Drive Madison Heights, Michigan 48071 Dear Mr. Secor: This is in response to your letter of November 12, 1997, requesting clarification of the training requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You question the following scenario: A company is an end-user of hazardous materials and does not perform any activity affecting the transportation safety of the hazardous materials. As the company is solely an end-user, training is not required. However, if the end- : user unloads hazardous materials (e.g., removes their own consignment) and reloads hazardous materials onto the vehicle, the training regulations would be applicable. Your opinions in the scenario are correct. As provided in § 172.702, a hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements in Subpart H. Furthermore, the definition of a hazmat employee in § 171.8 means a person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materiais transportation satety. This term includes an individual, including a selt-employed individual, employed by a hazmat employer who, during the course of employment loads, unloads, or handles hazardous materials. By loading or unloading hazardous materials in transportation, the company's employees meet the definition for hazmat employee and are required to receive appropriate training. I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact uS. Sincerely, Selmy Hilling мест. Delmer F. Billings Chief, Regulations Development Office of Hazardous Materials Standards#

Page 2::: H.B. Fuller Automotive Company cantactors 31601 Research Park Drive File: 172.704 (810) 585-2200 • (800) 633-7789 Madison Heights, Michigan 48071 Sc: 528,442 FAX (810) 585-3699 November 12, 1997 US Department of Transportation Research and Special Programs Administration Regulations Development, DHM - 11 400 Seventh St, S.W. Washington D.C. 20590 - 0001 ATTN: Delmer F. Billings Chief, Regulations Development Gentlemen: I have been closely reading the "Letters of Interpretation" on the HMR and one of the answers in the training area bothers me (see the attachment). I have no quibble with the answer, per se, but I believe it may lead to the wrong conclusion. Basically, the interpretation in the letter is that no training is required if employees RECEIVE hazardous materials only. The reality of every day shipping / receiving is that often a consignee must remove another's material, set it aside somewhere on his dock, remove his own consignment, and then return (RELOAD) the other consignee's material back into the vehicle. If their "returned materials" are hazardous materials, then the shipment is being affected at least peripherally and my interpretation has been that these are hazmat employees even though they may never ship "hazmats" themselves. The interpretative letter answer, per se, would lead one to conclude they are not. The third answer in the letter ameliorates to some extent the first answer but when it says "loading the transport vehicle" are we including my "reloading" scenario? Is my interpretation too narrow and conservative and, specifically, how does DOT look at the "reloading" situation. Regards, Here Seco Gene Secor Environmental Health & Safety Department Encl#

Page 3• US DOT Interpretations 1 the transportation of hazardous materials ees who perform job functions regulated • receive training applicable to those func- under the HMR. If a company is a receiv- HMR, training is not required. tions. In your letter you stated that these ing end-user of hazardous materials, and workers fill the containers with the their employees do not perform a function 9. If a company transports HM aboard a vehicle that is not part of the vehicle's asbestos and radioactive materials, but do covered by the HMR, eg. unloading a equipment, but is also not offered" not select nor determine what specification cargo tank when the carrier is present, the to any one, does that company have packaging is needed. It is our opinion that training requirements under the HMR do any responsibility to comply with the workers who fill packages with asbestos not apply. training requirements of the HMR? or radioactive materials for transportation must receive general awareness/familiar- I hope this answers your inguiry. If you A. If a carrier transports its own haz- ization training to enable recognition and need additional assistance, do not hesitate ardous materials on a vehicle, they identification of hazardous materials con- to contact us. perform both shipper and carrier sistent with hazard communication stan- functions. As provided in $ 177.809, dards, function-specific training for any Sincerely, carrier equipment and supplies that regulated function performed by these workers, (e.g., including proper filling and Delmer F. Billings are being transported by a motor car- closure of packagings), and safety train- rier are fully subject to the HMR and office of Hazardous Materials Standards Chief, Regulations Development carrier hazmat employees must be ing. Safety training includes measures to trained as required. protect the employees from the hazards associated with hazardous materials they Editor's Note: See Following Memorandum e. In a variation of question 1, if a com- including specific measures you may have may be exposed to in the work place, to the offeror, does it have any pany rejects a shipment and returns it implemented to protect the employees Date: May 16, 1995 from exposure, and methods and proce- Subject responsibility to comply with the dures for avoiding accident, such as the Action: Applicability of Training Rules training requirements of the HMR? proper procedures for handling packages From: Delmer E. Billings A. The answer to this question is the containing hazardous materials. DHM-11 Chief, Regulations Development, same as the first question. If the con- signee's employee does not perform I hope this information is helpful. If you need further assistance, do not hesitate to To: John J. O'Connell, Jr.. any hazmat function, the training Director, requirements do not apply to them. If contact us. Office of Hazardous Materials they perform hazmat functions, eg. ! Sincerely, Enforcement, DHM-40 preparing shipping papers, labeling packaging, loading the transport • This is in response to your memorandum vehicle, etc., they are considered a Delmer F. Billings some questions relating to training issues of May 2, 1995, requesting a response to hazmat employee and must be : Chief, Regulations Development trained. Office of Hazardous Materials Standards and requirements. Your questions and our ! e. In addition, there appears to be some confusion regarding the term "causes : § 172.702 l. If a company is an end-user of HM to be transported." We in OHME and only receives it, does it have any believe this refers to offerors and not July 5, 1996 responsibility to comply with the consignees. I would appreciate your training requirements of the HMR? confirmation of this belief. This is in response to your letter dated the training requirements under the April 23, 1996, requesting carification on A. No. The purpose of the training A. The term "causes to be transported" requirements is to ensure that each is not specifically defined in the HMR. Hazardous Materials Regulations (HMR; employer trains each of its hazmat If a person performs a hazmat func- 49 CFR Parts 171-180). employees. These requirements spec- HMR apply. By simply receiving haz- tion, appropriate requirements of the A hazmat employer is a person who uses ify that persons who perform func- tions involving the transportation of ardous materials, consignees do not more of its employees in connection with hazardous materials receive training generally "cause" hazardous materi- transporting hazardous materials or caus- those functions. Therefore, if an concerning requirements applicable to als to be transported. If the consignee or shipped in commerce. Hazardous mate- ing hazardous materials to be transported pares shipping papers, unloads a directs that a shipment be made, pre- rials training is required for those employ- employee does not perform any haz- mat function, as regulated by the cargo tank when the carrier is pre- 86 HAZAT Packager & Shiger Copyright 1997 Packaging Research Inte mational, In. Part 172#

Page 4H.B. Fuller Automotive Company cantataw 31601 Research Park Drive 102:12024 (810) 585-2200 • (800) 633-7789 Madison Heights, Michigan 48071 SE: =28,442 FAX (810) 585-3699 November 12, 1997 US Department of Transportation Research and Special Programs Administration Regulations Development, DHM - 11 400 Seventh St, S. W. ATTN: Washington D.C. 20590 - 0001 Delmer F. Billings Chief, Regulations Development Gentlemen: I have been closely reading the "Letters of Interpretation" on the HMR and one of the answers in the training area bothers me (see the attachment). I have no quibble with the answer, per se, but I believe it may lead to the wrong conclusion. Basically, the interpretation in the letter is that no training is required if employees RECEIVE hazardous materials only. • The reality of every day shipping / receiving is that often a consignee must remove another's material, set it aside somewhere on his dock, remove his own consignment, and then return (RELOAD) the other consignee's material back into the vehicle. If their "returned materials" are hazardous materials, then the shipment is being affected at least perpherally and my interpretation has been that these are hazmat employees even though they may never ship "hazmats" themselves. The interpretative letter answer, per se, would lead one to conclude they are not. The third answer in the letter ameliorates to some extent the first answer but when it says "loading the transport vehicle" are we including my "reloading" scenario? Is my interpretation too narrow and conservative and, specifically, how does DOT look at the "reloading" situation. Regards, Aere Decor Gene Secor Environmental Health & Safety Department Encl i#

Page 5• US DOT Interpretations the transportation of hazardous materials ees who perform job functions regulated HMR, training is not required. receive training applicable to those func- ing end-user of hazardous materials, and under the HMR. If a company is a receiv- tions. In your letter you stated that these workers fill the containers with the their employees do not perform a function l. If a company transports HM aboard a vehicle that is not part of the vehicle's asbestos and radioactive materials, but do covered by the HMR, e.g. unloading a equipment, but is also not "offered" not select nor determine what specification cargo tank when the carrier is present, the to any one, does that company have packaging is needed. It is our opinion that training reguirements under the HMR do any responsibility to comply with the workers who fill packages with asbestos not apply, training requirements of the HMR? or radioactive materials for transportation must receive general awareness/familiar- I hope this answers your inquiry. If you A. If a carrier transports its own haz- identification of hazardous materials con- ization training to enable recognition and need additional assistance, do not hesitate ardous materials on a vehicle, they to contact us. perform both shipper and carrier sistent with hazard communication stan- functions. As provided in $ 177.809, dards, function-specific training for any Sincerely, carrier equipment and supplies that regulated function performed by these are being transported by a motor car- workers, (e.g., including proper filling and Delmer E. Billings closure of packagings), and safety train- rier are fully subject to the HMR and ing. Safety training includes measures to Office of Hazardous Materials Standards Chief, Regulations Development carrier hazmat employees must be trained as required. associated with hazardous materials they protect the employees from the hazards : may be exposed to in the work place, Editor's Note: See Following Memorandum e. In a variation of question 1, if a com- implemented to protect the employees including specific measures you may have Date: May 16, 1995 pany rejects a shipment and returns it to the offeror, does it have any from exposure, and methods and proce- Subject responsibility to comply with the dures for avoiding accident, such as the Action: Applicability of Training Rules training requirements of the HMR? proper procedures for handling packages From: Delmer F. Billings containing hazardous materials. Chief, Regulations Development, A. The answer to this question is the same as the first question. If the con- DHM-11 signee's employee does not perform I hope this information is helpful. If you need further assistance, do not hesitate to To: John J. O'Connell, Jr. requirements do not apply to them. If any hazmat function, the training contact us. Director, Office of Hazardous Materials they perform hazmat functions, eg. • Sincerely, Enforcement, DHM-40 preparing shipping papers, labeling packaging, loading the transport This is in response to your memorandum vehicle, etc., they are considered a Delmer F. Billings of May 2, 1995, requesting a response to hazmat employee and must be Chief, Regulations Development some questions relating to training issues trained. Office of Hazardous Materials Standards responses are as follows: and requirements. Your questions and our Q. In addition, there appears to be some confusion regarding the term "causes § 172.702 Q. If a company is an end-user of HM to be transported." We in OHME and only receives it, does it have any believe this refers to offerors and not : July 5, 1996 responsibility to comply with the consignees. I would appreciate your training requirements of the HMR? confirmation of this belief. This is in response to your letter dated the training requirements under the April 23, 1996, requesting clarification on A. No. The purpose of the training A. The term "causes to be transported" requirements is to ensure that each is not specifically defined in the HMR. Hazardous Materials Regulations (HMR; employer trains each of its hazmat If a person performs a hazmat func- 49 CFR Parts 171-180). employees. These requirements spec- HMR apply. By simply receiving haz- tion, appropriate requirements of the A hazmat employer is a person who uses ify that persons who perform func- tions involving the transportation of ardous materials, consignees do not more of its employees in connection with hazardous materials receive training generally "cause" hazardous materi- : transporting hazardous materials or caus- concerning requirements applicable to als to be transported. If the consignee : ing hazardous materials to be transported those functions. Therefore, if ar directs that a shipment be made, pre- or shipped in commerce. Hazardous mate- employee does not perform any haz- pares shipping papers, unloads a rials training is required for those employ- mat function, as regulated by the cargo tank when the carrier is pre- O6 HAZMAT Packer & Shipper Copyright 1997 Packaging Research Intermational, Inc. Part 172#

Page 6им. "". H.B. Fuller Automotive Company 31601 Research Park Drive M02: 12300 (810) 585-2200 • (800) 633-7789 Madison Heights, Michigan 48071 SE: 528,442 FAX 810) 585-3699 November 12, 1997 Лідів. US Department of Transportation Research and Special Programs Administration Regulations Development, DHM - 11 400 Seventh St, S.W. Washington D.C. 20590 - 0001 ...d ATTN: Delmer F. Billings Chief, Regulations Development 1 Gentlemen: I have been closely reading the "Letters of Interpretation" on the HMR and one of the answers in the training area bothers me (see the attachment). I have no quibble with the answer, per se, but i belleve it may lead to the wrong conclusion. Basically, the interpretation in the letter is that no training is required if employees RECEIVE hazardous materials only. • I he reality of every day shipping / receiving is that often a consignee must remove another's material, set it aside somewhere on his dock, remove his own consignment, and then return (RELOAD) the other consignee's material back into the vehicle. If their "returned materials" are hazardous materials, then the shipment is being affected at least : peripherally and my interpretation has been that these are hazmat employees even though they may never ship "hazmats" themselves. The interpretative letter answer, per se, would lead one to conclude they are not. The : third answer in the letter ameliorates to some extent the first answer but when it says "loading the transport vehicle" are we including my "reloading" scenario? Is my interpretation too narrow and conservative and, specifically, how does DOT look at the "reloading" situation. Regards, 1 Aere Secon Gene Secor Environmental Health & Safety Department : Encl#

Page 7- - • US DOT Interpretations the transportation of hazardous materials ees who perform job functions regulated receive training applicable to those func- under the HMR. If a company is a receiv- HMR, training is not required. tions. In your letter you stated that these ing end-user of hazardous materials, and workers fill the containers with the their employees do not perform a function 9. If a company transports HM aboard a vehicle that is not part of the vehicle's asbestos and radioactive materials, but do covered by the HMR, eg. unloading a equipment, but is also not "offered" not select nor determine what specification cargo tank when the carrier is present, the to any one, does that company have packaging is needed. It is our opinion that training requirements under the HMR do any responsibility to comply with the workers who fill packages with asbestos not apply. training requirements of the HMR? or radioactive materials for transportation must receive general awareness/familiar- I hope this answers your inquiry. If you A. If a carrier transports its own haz- ization training to enable recognition and need additional assistance, do not hesitate ardous materials on a vehicle, they identification of hazardous materials con- to contact us. perform both shipper and carrier sistent with hazard communication stan- functions. As provided in $ 177.809, dards, function-specific training for any Sincerely, are being transported by a motor car- carrier equipment and supplies that regulated function performed by these workers, (e.g., including proper filling and closure of packagings), and safety train- * DelmerE Billings rier are fully. subject.to the HMR and Chief, Regulations Development carrier hazmat employees must be ing. Safety training includes measures to Office of Hazardous Materials Standards trained as required. protect the employees from the hazards associated with hazardous materials they Editor's Note: See Following Memorandum e. In a variation of question 1, if a com- may be exposed to in the work place, to the offeror, does it have any pany rejects a shipment and returns it including specific measures you may have Date: May 16, 1995 implemented to protect the employees from exposure, and methods and proce- Subject responsibility to comply with the dures for avoiding accident, such as the Action: Applicability of Training Rules training requirements of the HMR? proper procedures for handling packages From: Delmer F. Billings A. The answer to this question is the containing hazardous materials. Chief, Regulations Development, samé as the first question. If the con- DHM-11 signee's employee does not perform I hope this information is helpful. If you need further assistance, do not hesitate to To: John J, O'Connell, Ir. any hazmat function, the training contact us. Director, requirements do not apply to them. If Office of Hazardous Materials they perform hazmat functions, eg. Sincerely, Enforcement, DHM-40 preparing shipping papers, labeling packaging, loading the transport Delmer E. Billings This is in response to your memorandum vehicle, etc., they are considered a Chief, Regulations Development some questions relating to training issues of May 2, 1995, requesting a response to hazmat employee and must be trained. Office of Hazardous Materials Standards and requirements. Your questions and our responses are as follows: e. In addition, there appears to be some confusion regarding the term "causes § 172.702 Q. If a company is an end-user of HM to be transported." We in OHME July 5, 1996 and only receives it, does it have any believe this refers to offerors and not responsibility to comply with the consignees. I would appreciate your training requirements of the HMR? confirmation of this belief. This is in response to your letter dated April 23, 1996, requesting clarification on the training requirements under the A. No. The purpose of the training A. The term "causes to be transported" Hazardous Materials Regulations (HMR; requirements is to ensure that each is not specifically defined in the HMR. 49 CFR Parts 171-180). employer trains each of its hazmat If a person performs a hazmat func- employees. These requirements spec- tion, appropriate requirements of the A hazmat employer is a person who uses ify that persons who perform func- HMR apply. By simply receiving haz- more of its employees in connection with tions involving the transportation of ardous materials, consignees do not transporting hazardous materials or caus- hazardous materials receive training generally "cause" hazardous materi- ing hazardous materials to be transported concerning requirements applicable to als to be transported. If the consignee or shipped in commerce. Hazardous mate- those functions. Therefore, if an directs that a shipment be made, pre- rials training is required for those employ- employee does not perform any haz- pares shipping papers, unloads a mat function, as regulated by the cargo tank when the carrier is pre- 86 HAZMAT Packager & Shipper Copyright 1997 Packaging Rossarch Intemational, Inc. Pat 172#