{"operation":"document","citation":"99-0148","title":"Products, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-02-24","effective_on":null,"summary":"99-0148 response to Products, Inc. concerning 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0148.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0148.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0148","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990148.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street. S.W.\nWashingion. D.C.\n20590\nFEB 2 4 2000\nMr. Gene Secor\nH. B. Fuller Automotive\nRef. No. 99-0148\nProducts, Inc.\n31601 Research Park Drive\nMadison Heights, Michigan 48071.\nDear Mr. Secor:\nThis is in response to your letter regarding the training requirements as they apply to sales people who\nare considered \"hazmat employees\" under the requirements of Subpart H of Part 172 of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We apologize for the delay in\nresponding and hope it has not caused any inconvenience.\nYou asked whether a \"hands-on demonstration\" is required, or if a \"kit\" consisting of the correct UN\npackaging, including inner containers, etc., and a \"cheat sheet\" on how to construct or prepare the\npackage would satisfy the requirements for \"function specific\" training. For example, if sales people not\nphysically located near a plant or warehouse were provided such a \"kit\", would this be acceptable to\nmeet \"function specific\" training? Competency would be certified by your company.\nThe purpose of the training requirements is to ensure that each hazmat employer train each hazmat\nemployee. There are no provisions or procedures under the training requirements for review or\napproval of training programs or certification of instructors. A hazmat employer must determine the\nmost suitable method (e.g., hands-on demonstrations) and source of training for its employees.\nAlthough self-training is acceptable and may be used, a \"cheat sheet\" in and of itself is not \"training\" and\nmay not be sufficient to provide the knowledge level necessary to construct and prepare a package for\nhazardous materials. In addition, each hazmat employer must certify that each of its hazmat employees\nhas been trained and tested, as required. No specific testing method or document is required. The\nrequirements in Subpart H of Part 172 do not state that an employee must \"pass\" a test; however, a\nazmat employee may only be certitied in those areas in which the hazmat employee can successful\nerform the assigned duties. A record of current training must be created and retained by each hazm\nemployer as specified in 49 CFR 172.704(d).\n990148\n172,704\n-\n\n<<<PAGE 2>>>\n\n•:.\nFor your information, enclosed is a previous letter of clarification which answers many of the questions\nyou may have regarding a hazmat employee's training.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nmn tillins\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\nEnclosure\n\n<<<PAGE 3>>>\n\nProducts, Inc.\nH.B. Fuller Automotive\n31601 Research Park Drive\n(810) 585-2200 • (800) 633-7789\nMadison Heights, Michigan 48071\nJune 3, 1999\nEngrum\nFAX (810) 585-3699\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nUS DEPARTMENT OF TRANSPORTATION\n$172.704\n400 SEVENTH STREET, SW, DHM-11\nSTANDARDS DEVELOPMENT\n99-8148\nWASHINGTON, DC 20590-0001\nRe: Function Specific Training for Sales People\nGentlemen:\nquantities of hazardous materials via truck, mail, or other means. Generally speaking we mandate that\nWe have a far-flung and varied Sales Group who periodically may have a need to ship samples or small\nhave the proper hazmat training to make these shipments. In some cases this is impossible due to the\nSales personnel bring these samples to one of our manufacturing or warehouse facilities where people\npeople would have to classify, name, mark, label, package, and prepare shipping papers to make these\nphysical location of the individual involved (no where near a plant or warehouse). De facto, then, these\nshipments thus making them full fledged shippers requiring both awareness and function-specific training\naccording to my interpretation of the regulations.\nManagement's concern, of course, is the training requirements for Hazmat employees. Use of the DOT's\nCD-ROM training program may suffice to meet the awareness requirements (we realize that the company\nhands-on demonstrations especially in the packing area are required and the knowledge level of all aspects\nmust certify competency). Function-specific training is another matter and my interpretation is that\nof hazmat shipping is enhanced and must be demonstrated. We can develop a detailed cheat sheet with\nthe details of classification, naming, marking, labeling, and shipping paper preparation but packing seems\nto be a stumbling block. If we provided these people with a \"kit\"\nincluding inner containers, etc., along with a cheat sheet on how to construct the package, would this\nconsisting of the correct UN packaging\nsuffice for function specific training or is hands-on, in person (or via video conference), demonstration the\nonly requirement acceptable to the department when examining training records. The company would\nstill decide on the competency of each employee to perform the functions of a shipper in these instances.\nI'm sure you have gotten these questions (or similar ones) in the past so the Departments comments on\nthis matter would be appreciated.\nRegards,\nHewe Dear\nGENE SECOR\nEHS/TRANSPORTATION SPECIALIST\nHB FULLER COMPANY\n25200 MALVINA AVENUE\nWARREN, MI 48089\nPhone: 810-498-1317\n2485364783\nFAX: 810-447-1117\nFile: DOT/SalesFST\n-","truncated":false,"body_characters":5267}