Training for repairers

This is in response to your letter dated July 3, 2007 concerning the definition of hazmat employee under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if employees who maintain and repair freight containers, reefer containers, flat racks, and chassis that are owned and/or leased by your ocean carrier company meet the definition of a hazmat employee under the HMR. You state that the employees in question do not load, unload, classify, mark, label, placard, transport or accept hazardous materials.

A hazmat employee, as defined in § 171.8, includes a person who designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce. Based on the information you provided, the employees in question do not meet the definition of a hazmat employee unless the equipment that these employees maintain and repair includes packages, containers, or packaging components that are represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.