Products, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street. S.W. Washingion. D.C. 20590 FEB 2 4 2000 Mr. Gene Secor H. B. Fuller Automotive Ref. No. 99-0148 Products, Inc. 31601 Research Park Drive Madison Heights, Michigan 48071. Dear Mr. Secor: This is in response to your letter regarding the training requirements as they apply to sales people who are considered "hazmat employees" under the requirements of Subpart H of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We apologize for the delay in responding and hope it has not caused any inconvenience. You asked whether a "hands-on demonstration" is required, or if a "kit" consisting of the correct UN packaging, including inner containers, etc., and a "cheat sheet" on how to construct or prepare the package would satisfy the requirements for "function specific" training. For example, if sales people not physically located near a plant or warehouse were provided such a "kit", would this be acceptable to meet "function specific" training? Competency would be certified by your company. The purpose of the training requirements is to ensure that each hazmat employer train each hazmat employee. There are no provisions or procedures under the training requirements for review or approval of training programs or certification of instructors. A hazmat employer must determine the most suitable method (e.g., hands-on demonstrations) and source of training for its employees. Although self-training is acceptable and may be used, a "cheat sheet" in and of itself is not "training" and may not be sufficient to provide the knowledge level necessary to construct and prepare a package for hazardous materials. In addition, each hazmat employer must certify that each of its hazmat employees has been trained and tested, as required. No specific testing method or document is required. The requirements in Subpart H of Part 172 do not state that an employee must "pass" a test; however, a azmat employee may only be certitied in those areas in which the hazmat employee can successful erform the assigned duties. A record of current training must be created and retained by each hazm employer as specified in 49 CFR 172.704(d). 990148 172,704 -#

Page 2•:. For your information, enclosed is a previous letter of clarification which answers many of the questions you may have regarding a hazmat employee's training. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, mn tillins Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards Enclosure#

Page 3Products, Inc. H.B. Fuller Automotive 31601 Research Park Drive (810) 585-2200 • (800) 633-7789 Madison Heights, Michigan 48071 June 3, 1999 Engrum FAX (810) 585-3699 RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION US DEPARTMENT OF TRANSPORTATION $172.704 400 SEVENTH STREET, SW, DHM-11 STANDARDS DEVELOPMENT 99-8148 WASHINGTON, DC 20590-0001 Re: Function Specific Training for Sales People Gentlemen: quantities of hazardous materials via truck, mail, or other means. Generally speaking we mandate that We have a far-flung and varied Sales Group who periodically may have a need to ship samples or small have the proper hazmat training to make these shipments. In some cases this is impossible due to the Sales personnel bring these samples to one of our manufacturing or warehouse facilities where people people would have to classify, name, mark, label, package, and prepare shipping papers to make these physical location of the individual involved (no where near a plant or warehouse). De facto, then, these shipments thus making them full fledged shippers requiring both awareness and function-specific training according to my interpretation of the regulations. Management's concern, of course, is the training requirements for Hazmat employees. Use of the DOT's CD-ROM training program may suffice to meet the awareness requirements (we realize that the company hands-on demonstrations especially in the packing area are required and the knowledge level of all aspects must certify competency). Function-specific training is another matter and my interpretation is that of hazmat shipping is enhanced and must be demonstrated. We can develop a detailed cheat sheet with the details of classification, naming, marking, labeling, and shipping paper preparation but packing seems to be a stumbling block. If we provided these people with a "kit" including inner containers, etc., along with a cheat sheet on how to construct the package, would this consisting of the correct UN packaging suffice for function specific training or is hands-on, in person (or via video conference), demonstration the only requirement acceptable to the department when examining training records. The company would still decide on the competency of each employee to perform the functions of a shipper in these instances. I'm sure you have gotten these questions (or similar ones) in the past so the Departments comments on this matter would be appreciated. Regards, Hewe Dear GENE SECOR EHS/TRANSPORTATION SPECIALIST HB FULLER COMPANY 25200 MALVINA AVENUE WARREN, MI 48089 Phone: 810-498-1317 2485364783 FAX: 810-447-1117 File: DOT/SalesFST -#