{"operation":"document","citation":"CHI-12-0175","title":"International Union UAW — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-01-25","effective_on":null,"summary":"CHI-12-0175 response to International Union UAW concerning 171.15, 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-12-0175.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-12-0175.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-12-0175","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Hazmat/ChiefCounsel/CHI-12-0175.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJAN 2 5 2013\nAndrew Comai\nInternational Union UAW\n8000 E Jefferson\nDetroit, MI 48103\nReference No. 12-0175\nDear Mr. Comai:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR 171-180) applicable to a woman dying following a hazardous\nmaterial incident. Following is your description of the incident:\nA driver working at a trucking terminal pumps diesel fuel into a truck's\nfuel tanks as a normal part of her work. In the case of diesel spills she\nresponds to spills with defensive measures. (Another worker who\nhandles bulk storage transfers of diesel fuel is trained in spill cleanup).\nThe driver is doused with fuel as she removes the pump from the tank\nof the vehicle. Some diesel fuel is spilled, not enough to trigger\n\"Reportable Quantity\" requirements under DOT [U.S. Department of\nTransportation], EPA [Environmental Protection Agency], or OSHA\n[U.S. Department of Labor's Occupational, Safety and Health\nAdministration]. However, some of the spilled diesel fuel soaks the\nworker's clothing. The worker handling the fuel is sent to a hospital\nfter finding the emergency eyewash and shower are non-functional\nomplaining of inhalation of diesel vapors, and burning skin where th\ndiesel came in contact with the body. She dies the next day from acute\nrespiratory distress syndrome triggered by \"possible inhalation of diesel\nfuel.\"\nYour questions are paraphrased and answered as follows:\nQ1.\nDoes the employee (driver) meet the definition of \"hazmat employee\"\nin § 171.8 of the HMR?\nAl.\nBased on the information in your e-mail, we do not have sufficient\ninformation to determine if the driver meets the definition of \"hazmat\nemployee\" under § 171.8 of the HMR. The definition of \"hazmat\nemployee\" reads in part that a person, who in the course of\nemployment, directly affects hazardous materials transportation safety;\n\n<<<PAGE 2>>>\n\nloads, unloads, or handles hazardous materials; prepares hazardous\nmaterials for transportation; is responsible for the safety of\ntransporting hazardous materials; or, operates a vehicle used to\ntransport hazardous materials.\nPHMSA has no knowledge as to what cargo the driver was\ntransporting. Filling the fuel tank to drive a truck is not a pre-\ntransportation function, as defined in § 171.8.\nQ2.\nDoes this incident qualify as a \"reportable incident\" according to § 171.15 (b)\nof the HMR?\nA2.\nNo, the decedent driver was filling up the fuel tank for operating the truck. The\nincident did not involve the cargo, which may or may not have been a hazardous\nmaterial.\nQ3.\nWhat specific exemptions or exceptions apply to the incident, the work process being\nperformed, the employee's status as a possible hazmat employee, or any other aspect\nof the incident?\nA3.\nNone.\nQ4.\nincident?\nIs there a statute of limitations for a complaint to be filed with DOT regarding this\nA4.\nNo. Hazardous materials incidents should be reported as soon as practicable, but no\nlater than 12 hours after the incident, to the National Response Center (NRC). An\nincident report should be filed within 30 days.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nfoul solome\nesenh Solome\nAssistant Chief Counsel for Hazardous Materials Safety","truncated":false,"body_characters":3427}