Training Requirements Under the Hazardous Materials Regulations

Q1. What is the definition of a hazmat employee?
A1. A hazmat employee means a person who is:

1. employed on a full-time, part time, or temporary basis by a hazmat employer and directly affects hazmat transportation safety;
   
2. self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) that transports hazmat and who directly affects hazmat transportation safety;
   
3. a railroad signalman; or
   
4. a railroad maintenance-of-way employee.
   
5. This term includes a person who during the course of employment:
   1. loads, unloads, or handles hazmat;
      
   2. designs, manufactures, fabricates, inspects, maintains, tests, reconditions, repairs, marks a package, container or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazmat in commerce;
   3. prepares hazmat for transportation;
      
   4. is responsible for safety of transporting hazmat; and/or
      
   5. operates a vehicle used to transport hazmat.

Q2. What is the definition of a hazmat employer?
A2. A hazmat employer means a person who employs or uses one or more of its employees on a full-time,
part time, or temporary basis; a person who is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazmat in commerce; or a department, agency, or instrumentality of the United States, a State, a political subdivision of a State, or an Indian tribe which is responsible for:

1. transporting hazmat in commerce;
2. causing hazmat to be transported or shipped in commerce; or
3. designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing or testing a package, container, or packaging component that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous materials in commerce.

Q3. What is the definition of training?
A3. Training means a systematic program (i.e., consistent approach, testing, and documentation) that ensures that a hazmat employee has knowledge of hazardous materials and the HMR, and can perform assigned hazmat functions properly. See § 172.700 through § 172.704.

Q4. Why do I need training?
A4. It’s the law! The Federal hazardous materials transportation law (49 U.S.C. § 5101 et seq.), is the basic statute regulating the transportation of hazardous materials (hazmat) in the United States. This law requires the training of ALL hazmat employees. The purpose is to increase a hazmat employee’s safety awareness and be an essential element in reducing hazmat incidents. The Hazardous Materials Regulations (HMR) include training requirements in several sections of Title 49 Code of Federal Regulations (CFR) as follows:

1. GENERAL: § 173.1
   
2. SPECIFIC: § 172.704
   
3. MODAL:
   1. Air (§ 175.20)
      
   2. Vessel (§ 176.13)
      
   3. Highway (§ 177.800, § 177.816)

Q5. May a hazmat employer/employee train and test themselves (e.g., owner-operator)?
A5. Yes, self-training is acceptable provided that all training requirements of § 172.704 are met.

Q6. Who certifies that an instructor is qualified to train, test, and certify in accordance with § 172.704?
A6. Except for certain FAA required training (see 14 CFR), the U.S. DOT does not review or certify training programs for pre-approval purposes. The employer must determine a trainer's qualifications based on their need.

Q7. Does the trainer who teaches and tests the hazmat employee, certify that the hazmat employee is trained/tested?
A7. No, the hazmat employer must certify that the employee has been trained and tested (see § 172.704(d)). DOT does not provide certification. It is the responsibility of the employer to certify that its employee has been trained.

Q8. If an outside source trains but does not test the employee, must the employee be tested and certified based on this training?
A8. Yes. It is the responsibility of the hazmat employer to meet these training requirements. However, a hazmat employer may designate an outside source to train, test, and certify on its behalf.

Q9. Must the test be in a written format or may a skill demonstration be used?
A9. Any test that ensures that the employee can perform the assigned duties in compliance with the HMR is acceptable. Training and testing may be accomplished in a variety of ways: performance, written, verbal, or a combination of these.

Q10. Must the employee “pass” a test?
A10. The requirements do not state that the employee must “pass” a test; however, a hazmat employee may only be certified in areas in which he/she can successfully perform their hazmat duties.

Q11. Does IMDG Code, ICAO Technical Instructions, OSHA, or EPA training fulfill the HMR requirements?
A11. These trainings may be used to the extent that the trainings address the components specified in § 172.704(a) in addition to fulfilling the other requirements in § 172.704. Areas not covered by these trainings will require additional training.

Q12. Who will enforce the training requirements in § 172.704?
A12. Enforcement pertaining to carriers is primarily the responsibility of each modal administration (FMCSA, FRA, and FAA). Compliance or non-compliance with the training rule will be determined during safety and compliance reviews of shippers and carriers.

Q13. What type of fines would be involved?
A13. Violations of any hazardous materials regulations including training may be subject to a civil
penalty of up to $50,000 for each violation and, in appropriate cases, a criminal penalty of up to 5 years. (See 49 CFR § 107.329 and § 107.333.)

Q14. Do the training regulations apply to foreign flag vessels carrying hazardous materials?
A14. Yes, the regulations apply to each domestic and foreign vessel when in dry dock or in navigable waters of the United States.

Q15. Do the training regulations apply to a hazmat employer and/or employees who operate a bulk vessel transporting hazardous materials?
A15. No. Except for transportation in bulk packagings, the bulk carriage of hazardous materials by water is governed by 46 CFR Chapter I. See 49 CFR § 176.5(d).

Q16. Do the regulations apply to employees working with materials that are consumer commodities?
A16. Yes.

Q17. Does a Commercial Driver’s License (CDL) with an HM/tank vehicle endorsement satisfy requirements?
A17. A hazmat employer must determine applicability of aAppL to the specific functions the employee performs and provide training for functions not covered by the endorsement.

Q18. What is my role as a hazmat employer?
A18. Each hazmat employer:

1. Shall ensure that each hazmat employee is trained, tested, and certified;
   
2. Is responsible for compliance with the HMR; and
   
3. Shall develop and retain records of current training for each hazmat employee in accordance with § 172.704(d).

Q19. What are the hazmat training requirements?
A19. Hazmat training must include:

1. General awareness/familiarization training (to be developed and implemented by the employer);
   
2. Function-specific training (to be developed and implemented by the employer);
   
3. Safety training (to be developed and implemented by the employer. Training through OSHA, EPA, or other Federal or international agencies may help satisfy this requirement);
   
4. Security awareness training (to be developed and implemented by the employer); and
   
5. In-depth security training, if a security plan is required (to be developed and implemented by the employer);
   
6. Additional training requirements for the individual modes of transportation are prescribed in Parts 174, 175, 176, 177 (§ 172.700(c)).
   
   Notes:
   The General Awareness/FamiliarizationApp-ROM can be used as part of an established training program to introduce hazmat employees to hazardous materials regulations. It is not intended as stand-alone training to meet the general awareness/familiarization training requirement.
   
   The Hazardous Materials Transportation Training ModulesApp-ROM can be used to satisfy the general awareness/familiarization training requirement and supplement function-specific training and testing developed and implemented by the employer.
   
   The Hazmat Transportation Security Awareness Training ModuleApp-ROM can be used to satisfy the security awareness requirement.

Q20. How often do I need hazmat training?
A20. Initial training:

1. a new employee, or an employee who changes job functions, may perform hazmat job functions before completing training, provided:
   1. the employee does so under the direct supervision of a properly trained and knowledgeable hazmat employee; and
      
   2. the hazmat training is completed within 90 days of employment or change in job function.

Recurrent training:

1. is required at least once every three years. The three year period begins on the actual date of training.
   
2. Relevant training received from a previous employer or other source may be used to satisfy the requirements, provided a current record of training is obtained from the previous employer or source. Training must address components specified in 172.704(a) of the HMR.

Q21. What information should I include in the Training Records?
A21. Training Records must include:

1. hazmat employee’s name;
   
2. completion date of most recent training;
   
3. training materials (copy, description, or location);
   
4. name and address of hazmat trainer; and
   
5. certification that the hazmat employee has been trained and tested.

Q22. What other kinds of training are available?
A22. Training Classes available through DOT’s PHMSA office can be used to help satisfy training requirements. Supplemental training and testing is to be developed and implemented by the employer.

1. Hazardous Materials Transportation Seminars and Workshops
   The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) offers several two-day seminars and one-day workshops throughout the year. These free training events are for anyone who offers or transports hazardous materials in commerce or has a desire to learn more about DOT’s Hazardous Materials Regulations (HMR). We encourage you to pre-register for the seminars and workshops as seating is limited and to ensure you receive a certificate of attendance. Pre-registration information and forms are available on the brochures below.


2. About the Two-Day Multimodal Training Seminars
   Multimodal Training Seminars offer something for most hazmat employers and employees. Whether you are new to hazmat transportation or a seasoned professional, breakout sessions are presented to increase your knowledge for the safe and secure transportation of hazmat.
   
   Each seminar begins with a General Session that provides overviews of the Department of Transportation’s Hazardous Materials Program, what you need to know about the Training Requirements found in the HMR, and what to expect during the seminar. The remainder of the
   two-day seminar consists of Concurrent Breakout Sessions.
   
   Sessions are organized and scheduled into four different tracks: Hazmat Basics, Safety and Compliance, Regulatory and Legal Review, and Hazmat Essentials. You can follow a specific track or attend only those sessions that best meet your needs. Each session is offered twice to help you maximize your seminar experience. Please see the brochure for session descriptions.
   
   Representatives from the Federal Aviation Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration and U.S. Coast Guard join those from PHMSA to provide you with answers to your hazmat transportation questions.
   
   
3. About the One-Day Hazmat Transportation Workshops
   Hazmat Transportation Workshops provide a basic overview of the regulatory requirements –
   what they are, how they apply, and how to meet them – for shipping and transporting Hazardous Materials. The workshops will address the same information as the Hazmat Basics track given at the Multimodal Seminars and will include overviews of the Training and Security Requirements. These workshops are given by members of PHMSA’s Hazardous Materials Safety Assistance Team.

Q23. Are shippers and carriers required to keep copies of shipping papers for each hazardous materials shipment?
A23. Each person who provides a shipping paper must retain a copy of the shipping paper required by § 172.200(a), or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request. For a hazardous waste, the shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, the shipping paper must be retained for two years after the material is accepted by the initial carrier. Each shipping paper copy must include the date of acceptance by the initial carrier, except that, for rail, vessel, or air shipments, the date on the shipment waybill, airbill, or bill of lading may be used in place of the date of acceptance by the initial carrier. A motor carrier (as defined in § 390.5 of subchapter B of chapter III of subtitle B) using a shipping paper without change for multiple shipments of one or more hazardous materials having the same shipping name and identification number may retain a single copy of the shipping paper, instead of a copy for each shipment made, if the carrier also retains a record of each shipment made, to include shipping name, identification number, quantity transported, and date of shipment.

Q24. Does a UN 4G fiberboard box require recertification or disposal if over two years have passed since its marked date of manufacture?
A24. No. Periodic retest requirements apply to the manufacture of a design type (see § 178.601(e)), not
to empty or filled packagings which are in use, or are in inventory awaiting use. Once manufactured in conformance with the marked standard (e.g., UN 4G), the packaging is suitable for use as long as it continues to conform to that standard.

Q25. Are used sharps and other medical wastes that have been autoclaved considered medical waste?
A25. No. Medical waste materials that have been treated by steam sterilization, incineration, chemical disinfection or other effective means to eliminate the hazard are not considered regulated medical waste (§ 173.134(e)).

Q26. Are there exceptions to the poisonous by inhalation marking requirement of § 172.313?
A26. Yes. An exception is provided in § 172.313(a) from marking the words Inhalation Hazard on a package containing a material poisonous by inhalation, provided the words appear on the POISON GAS or POISON INHALATION HAZARD (PIH) label or placard, respectively.

Q27. Is an identification number marking required on a transport vehicle or freight container containing non-bulk packagings of materials poisonous by inhalation?
A27. For a Hazard Zone A or B material, when a transport vehicle or freight container is loaded at one loading facility with 1,000 kg (2,205 pounds) or more aggregrate gross weight of the material in non-bulk packages marked with the same proper shipping name and identification number, the identification number for that material is required to be displayed on the transport vehicle or freight container (see § 172.313(c)).

Q28. What are the requirements for marking transport vehicles and freight containers containing lading which has been fumigated?
A28. A rail car, freight container, truck body or trailer in which the lading has been fumigated with
any material or is undergoing fumigation is considered a package containing a hazardous material.
Unless the transport vehicle or freight container has been sufficiently aerated so it does not pose an unreasonable risk to health, a rail car, freight container, truck body or trailer must have FUMIGANT prominently displayed as specified in § 173.9(c). For domestic transportation, a hazard warning label authorized by EPA under 40 CFR Part 156 may be used as an alternative to the FUMIGANT marking.

Q29. Where can I view a list of all the publications and training materials the DOT Office of Hazardous Materials Initiatives and Training has to offer?
A29. Visit our website at http://hazmat.dot.gov/

Q30. How can I order hazmat publications and training materials?
A30. Call: (202) 366-4900 or (202) 366-2301,
Order online: http://hazmat.dot.gov/, or
E-mail: training@dot.gov

Q31. How can I pay for my hazmat publications and training materials orders?
A31. Pay by check, electronic check, credit card (MC, AMEX, VISA, or DISC), or FedEx.

Q32. How long will it take to receive my hazmat publications and training materials orders?
A32. Normal delivery takes approximately 10-15 days, but orders can be shipped via FedEx upon request and supply of your FedEx number.

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For More Information

To obtain answers to HMR questions, request copies of the Federal Register, or to report HMR violations, contact the Hazardous Materials INFO-CENTER:

Call:
1-800-HMR49-22
(1-800-467-4922)

Email:
infocntr@dot.gov

Write:
U.S. Department of Transportation
Pipeline and Hazardous Materials Safety Administration
Office of Hazardous Materials Standards
1200 New Jersey Avenue, SE
East Building, 2nd Floor, PHH-10
Washington, D.C. 20590-0001

Or visit our website:
http://hazmat.dot.gov

Hours of Operation:
9 AM – 5 PM ET

__________________________________

For questions about thisApp-ROM, or to order other hazardous materials training materials, and safety- and security-related information:

Call:
(202) 366-4900

Email:
training@dot.gov

Write:
U.S. Department of Transportation
Pipeline and Hazardous Materials Safety Administration
Office of Hazardous Materials Initiatives and Training
1200 New Jersey Avenue, SE
East Building, 2nd Floor, PHH-50
Washington, DC 20590-0001

Or visit our website:
http://hazmat.dot.gov

Hours of Operation:
9 AM – 5 PM ET

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