Guidanceguidance
99-0162
Carib Ex Worldwide — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1of Transportation US. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Administration pecial Program NOV 3 0 1099 Ms. Juanita Caban Ref. No. 99-0162 Carib Ex Worldwide 6520 Airport Parkway, Suite 200 Greensboro, NC 27409 Dear Ms. Caban: This is in response to your letter of June 11, 1999, and telephone conversation with Mr. Kevin Patch of the Federal Áviation Administration, requesting clarification on training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you could be responsible for violations of the HMR that occur as a result of your direct supervision of a hazmat employee who has not been trained in compliance with the requirements of 49 CFR Part 172, Subpart H - Training. Section 172.704 (c)(1) provides that a "new hazmat employee or a hazmat employee who changes job functions may perform those functions prior to the completion of training." This provision also stipulates that the new employee must be under the direct supervision of a trained and knowledgeable hazmat employee and that the training be completed within 90 days after employment or job function change. The person providing direct supervision must be able to instruct the employee on how to properly perform the hazmat function, must observe performance of the hazmat function, and must be able to take immediate corrective action in regard to any function not performed in conformance with the HMR. If a violation of the HMR occurs, the hazmat company, the direct supervisor, and the supervised employee may be held responsible for the violation. I hope this answers your inquiry. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 990162 172.702#
Page 2mo aa r KJeJ4 I ICUCCOIJOOS 1 •U1 Boothe 172.702 CaribEx Worldwide 99-0162 FACSIMILIE COVER SHEET SEND TO oreery nen •A-A Fram mm: Kevin Polch DapatrSALES JUANITA CABAN +02) 267-5885 Durce 6/11/99 DUrgant O Ray ASAO O Ploso Camara Oaatetaron Oforyour tatamadion Yolal pages. nduán, covar ssoot Corfening mytelegdore Consen goue prense 6520 Arrport Parkway • Suite 200 • Greensboro, NC 27409 • (336) 668-8063 • (800) 822-4185 • FAX (336) 664-1301 P.O. Box 250460 - Aguadilla, PR 00604 • (787) 890-8282 • FAX (787) 890-4600 (NS/IATA FMC #4150 NVOCC www.caribex.com#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.