Chem One Corporation — Hazardous Materials Safety Interpretation

Page 1. Departmel Transportatic 059| Dea Program Iministratic MAY - 5 2000 Mr. Thomas R. Goding Ref. No. 99-0286 Chem One Corporation 8017 Pinemont, #100 Houston, TX 77040-6519 Dear Mr. Goding: This is in response to you letter concerning a shipper's responsibility under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether, prior to offering a hazardous material shipment to a motor carrier, the shipper is required to verify that the motor vehicle driver has a valid commercial drivers license with a hazardous materials endorsement. The answer is no. The HMR contains no requirement that a shipper must obtain proof that the vehicle operator possesses a commercial drivers license (CDL) with a hazardous materials endorsement in conformance with the requirements in 49 CFR Parts 383 and 391. Those requirements come under the jurisdiction of the Federal Motor Carrier Safety Administration (FMCSA). Questions concerning the CDL requirements may be directed to John McCormick, Enforcement Program Specialist, FMCSA, Southern Resource Center, 61 Forsyth Street, SW., Suite 17T26, Atlanta, Georgia, at (404) 562-3600. I hope this information satisfies your inquiry. Sincerely, Hothe & Michele Hattie L. Mitchell, Chief Regulatory Review and Reinvention ••/ Office of Hazardous Materials Standards 173,22 990286#

Page 28017 Pinemont #100 CHEM I ONE Houston, Texas 77040-6519 Tel: (713) 896-9966 OR PO RATIO Fax: (713) 896-7540 www.chemone.com Mr. Edward T. Mazzullo Date: 10/20/1999 Director, Office of Hazardous Materials Standards U.S. DOT/RSPA (DHM-10) 400 7th Street S.W. Washington, D.C. 20590-0001 Dear Mir. Mazzulo, As a shipper of hazardous materials we have made public safety one of our top priorities. As part of our internal procedures, we request that drivers allow us to photocopy their CDL. This ensures oniy drivers with a valid CDL and HAZMAT endorsement transport hazardous materials out of our facility. the course of the past couple of months we have seen a number of drivers refuse to let us photocopy, and in some instances even show us their CDL. We in turn have refused to load their vehicle. With this reaction from drivers becoming more common, I attempted to locate in 49 CFR any reference io a "shippers" responsibility in verifying that an individual has a valid CDL with the correct HAZMAT endorsement. I was unable to locate a singie reference. With that in mind I called the HMR hotline and the local DOT office. I was informed that per 49 CFR we, as a shipper of hazardous materials, are not required to verify if a driver has the correct licenses and endorsements. Responsibility for verification of a driver's status and rating falls on the carrier. My question is this: As a shipper of hazardous materials who 1) Participates in the loading of the vehicles 2) Does not own any of the containers, and 3) Does not employ any of the drivers. Arily reguirez mai oy the licenses and endorsment of divers departing our Any clarification you can provide on this issue would be greatly appreciated Sincerely, Thomas R. Goding' EH&S/ QA Manager (713) 896-9966 x111 tom@chemone.com cc: amw Responsible NACD c/w Distribution cji Process file Quality + Responsibiliy • Stewardship File Number: NC2369#