Requirements of Docket HM-126F

This is in response to your letter regarding requirements recently implemented under Docket HM-126F. I apologize for the delay in responding and regret any inconvenience it may have caused.

Your questions are paraphrased and answered as follows:

Q1. May an employer/employee train and test themselves (e.g., owner/operator)?

A. Yes, self-training is acceptable and may b e used provided the general awareness, function specific, and safety training, testing, recordkeeping, and certification requirements prescribed by § 172.704 are met.

Q2. Must a test be in a written format or may a skill demonstration suffice?

A. There are no detailed testing procedures. The purpose of testing is to ensure that each hazmat employee has been trained on appropriate areas of responsibility and can perform their assigned duties in compliance with the HMR. Any method of testing which achieves this purpose is acceptable.

Q3. If a skill demonstration is permissible, what documentation must be maintained?

A. Each hazmat employer must certify that each of its hazmat employees has been trained and tested, as required. No specific testing document is required.

Q4. Must an employee "pass" a test? If so, who or what determines the passing criteria?

A. Although the requirements in 49 CFR Part 172, subpart H do not state that an employee must "pass" a test, a hazmat employee may only be certified in those areas in which the hazmat employee can successfully perform the assigned duties.

Q5. If a hazmat employee transfers to another hazmat employer, is the previous employer required to provide evidence of "relevant training" to either the employee or the new employer?

A. A current record of each hazmat employee's training, inclusive of the preceding two years, must be maintained by the employer for the duration of the employee's employment in each applicable hazardous material job function and for 90 days thereafter. A current record of relevant training is not required to be received from a previous employer, but may be used to eliminate the need for the new employer to retrain as required in § 172.704(c)(1)(iii). See § 172.704(c)(3).

Q6. If training is obtained from an outside source, but no test was given by the trainer, may an employer test and certify an employee based upon such training? If yes, what documentation is required to be maintained by the employer?

A. Yes. The hazmat employer must maintain a record of the training that includes the following: (1) employee's name; (2) completion date of most recent training; (3) a description, copy, or location of the training materials used to meet the requirements of § 172.704(a); (4) the name and address of the person providing the training; and (5) certification that the employee has been trained and tested. See § 172.704(d).

Q7. Would a purchasing agent need to be trained if they write bids or specifications for goods or services related to hazmat transportation or shipping?

A. No, unless purchasing agent's duties are direct hazardous materials functions regulated by 49 CFR.

Q8. If a company hires a hazardous waste removal service to prepare and transport waste hazmat does the person who hires the service need to be trained? If so to what level?

A. Whether the person hiring the waste removal service is a hazmat employee and the level of training are both determined by review of the person's specific job functions and the definition in § 171.8 of a hazmat employee, i.e., whether the duties performed directly affect hazardous materials transportation safety.

Q9. To what level must supervisors of hazmat employees be trained, and on up the ladder?

A. A hazmat employer must determine whether each supervisor meets the definition of a hazmat employee in § 171.8, i.e., whether the supervisor, when performing his duties, directly affects hazardous materials transportation safety.

Q10. Sections 172.704 and 177.816 use the term "may" when referring to use of other mandated hazmat training (i.e, OSHA, EPA, etc.) to meet the training requirements. Does this mean a hazmat employer would not need to retrain and test an employee if this training had been documented?

A. Training conducted to comply with OSHA, EPA, or other mandated training requirements may be used to the extent that such training satisfies the general awareness, function specific, and safety training and testing requirements in Subpart H of Part 172.

Q11. Section 177.816(c)(1) states that a valid commercial drivers license (CDL) with hazmat and tank endorsements "may" be used to satisfy the training requirements in § 177.816(a) if it conforms to the recordkeeping and recurrent training required in § 172.704. who makes this determination?

A. The hazmat employer must determine the extent to which the CDL endorsement satisfies the training requirements. A CDL with a tank vehicle or hazardous materials endorsement provides a driver with the general knowledge and skills necessary to safely operate a commercial motor vehicle with hazardous materials cargo and may satisfy the training requirements in § 177.816. As a hazmat employee, additional specialized training may be required based on the job function and material-specific requirements related to. the handling of hazardous materials. After completion of training, each hazmat employer must certify, with appropriate documentation, that each hazmat employee received training and was tested on appropriate areas of responsibility. The recurrent training requirement must also be met.

Q12. Must a carrier/shipper which deals solely in the transportation of non-bulk combustible liquids comply with HM-126F.

A. The training requirements do not apply to a material classed as a combustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous substance or a hazardous waste.

Q13. Is a carrier/shipper who deals solely with asbestos required to comply when offering or transporting asbestos samples weighing less than one pound or friable asbestos which has been wetted and double bagged for transportation?

A. Yes. only asbestos which is immersed or fixed in a natural or artificial binder material (such as cement, plastic, asphalt, resins or mineral ore), and manufactured products containing asbestos are not subject to the requirements of the hazardous materials regulations, including training.

Q14. How can RSPA anticipate enforcement of the HM-126F provision?

A. Enforcement will remain the primary responsibility of the various modal administrations. Each modal administration plans to ascertain compliance with training requirements when it conducts safety and compliance reviews of individual shippers and carriers. If it is determined that a shipper or carrier is not in compliance with the training requirements, appropriate action would be taken.

Q15. What type of fines would be associated with recordkeeping or other noncompliance with these regulations?

A. Violations of any hazardous materials regulations, including training are subject to civil and criminal penalties as stated in the Hazardous Materials Transportation Act, section 110 and 49 CFR 107.329 and 107.333.

Q16. Who certifies that an instructor is qualified to train, test, and certify proper instructions as provided?

A. It is important to note that DOT does not review or certify training programs for pre-approval purposes. An employer must determine a trainer's qualifications based on the need.

I hope this infrmation is helpful. If we can be of further assistance, please contact us.