Definition of Hazmat Employee
Pipeline and Hazardous Materials Safety Administration · May 23, 1997 · Reference No. 97-0106
Interprets: 49 CFR § 171.8, 49 CFR § 172.700, 49 CFR § 172.701, 49 CFR § 172.702, 49 CFR § 172.703, 49 CFR § 172.704
Reggie’s quick take
A security guard asked whether they count as a "hazmat employee" under 49 CFR 171.8. PHMSA's answer is no, unless the guard performs a function that is subject to the HMR. Being around hazardous materials at work is not enough. The test is whether the job directly affects hazardous materials transportation safety. A guard who checks that trucks are properly placarded when they leave the facility does perform such a function, so the training rules in § 172.700 through § 172.704 apply to that guard. Employers decide which jobs carry these functions and must give each hazmat employee training suited to those duties.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your letter of April 4, 1997 regarding the definition of a "hazmat employee" in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
The term "hazmat employee," as defined in 49 CFR 171.8, includes all persons who in the course of employment perform functions that directly affect hazardous materials transportation safety. Conversely, this term does not apply to every employed person who works at or around an area where, for example, hazardous materials are loaded, unloaded, handled or stored. The employee's functional relationship to hazardous materials transportation safety, rather than incidental contact with hazardous materials in the work place, is the primary factor in determining whether an individual is a "hazmat employee."
The training requirements specified in 49 CFR 172.700 through 172.704 apply to an employee, such as a security guard, only if that employee performs a function subject to the HMR (e.g., verifying that motor vehicles are properly placarded upon their departure from the facility). An employee's designation as a "hazmat employee" is the result of the "hazmat employer's" assignment (implicit or inferred) of job functions to particular individuals, including supervisors. In addition to the general awareness/familiarization training required for all "hazmat employees," the "hazmat employer" must provide training for each "hazmat employee" appropriate to the specific functions that a person is required to perform. For your information, the Federal Hazardous Materials Transportation Law defines "transportation" as "any movement of property by any mode, and any loading, unloading, or storage incidental thereto".
If we can be of further assistance, please feel free to contact us.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.