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    49 CFR 172 Subpart H

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    Richard Koehler
    The document discusses training requirements for hazardous materials employees under 49 CFR Part 172 Subpart H. It covers the purpose and scope of training, applicability and responsibility, required training content including general, function-specific, and safety training, and requirements for initial training, recurrent training every 3 years, and retaining training records.

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    49 CFR 172 Subpart H

    Uploaded by

    Richard Koehler
    200 views5 pages
    The document discusses training requirements for hazardous materials employees under 49 CFR Part 172 Subpart H. It covers the purpose and scope of training, applicability and responsibility, required training content including general, function-specific, and safety training, and requirements for initial training, recurrent training every 3 years, and retaining training records.

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    49 CFR 172 Subpart H - Training

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    The document discusses training requirements for hazardous materials employees under 49 CFR Part 172 Subpart H. It covers the purpose and scope of training, applicability and responsibility, required training content including general, function-specific, and safety training, and requirements for initial training, recurrent training every 3 years, and retaining training records.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    200 views5 pages

    49 CFR 172 Subpart H

    Uploaded by

    Richard Koehler
    The document discusses training requirements for hazardous materials employees under 49 CFR Part 172 Subpart H. It covers the purpose and scope of training, applicability and responsibility, required training content including general, function-specific, and safety training, and requirements for initial training, recurrent training every 3 years, and retaining training records.

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    © All Rights Reserved
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    of 5

    Communications

    172

    49 CFR PART 172


    Subpart HTraining

    2008 Lion Technology Inc., Lafayette, NJ 07848


    08-0320

    Page 339

    49 CFR 172.700

    Hazardous Materials Transportation

    49 CFR PART 172

    Editors Note:

    Subpart 172
    HTraining

    Part 174 = Rail Carriers


    Part 175 = Air Carriers
    Part 176 = Vessel Carriers
    Part 177 = Highway Carriers

    Sec.
    172.700 Purpose and scope.
    172.701 Federal-State relationship.
    172.702 Applicability and responsibility for training.

    For example, Part 177 training requirements


    include:
    177.800(b)General
    177.816Driver Training
    177.834(i)(4)Loading & Unloading Cargo
    Tanks

    172.704 Training requirements.


    172.700 Purpose and scope.
    (a) Purpose. This subpart prescribes requirements for training hazmat employees.
    (b) Scope. Training as used in this subpart
    means a systematic program that ensures a hazmat
    employee has familiarity with the general provisions of this subchapter, is able to recognize and
    identify hazardous materials, has knowledge of
    specific requirements of this subchapter applicable
    to functions performed by the employee, and has
    knowledge of emergency response information,
    self-protection measures and accident prevention
    methods and procedures (see 172.704).
    (c) Modal-specific training requirements. Additional training requirements for the individual
    modes of transportation are prescribed in parts
    174, 175, 176, and 177 of this subchapter.

    Note also: Modal authorities such as Motor Carrier Safety Rules [49 CFR 350-399] also include
    training requirements.
    172.701 Federal/State relationship.
    This subpart and the parts referenced in
    172.700(c) prescribe minimum training requirements for the transportation of hazardous materials. For motor vehicle drivers, however, a State may
    impose more stringent training requirements only
    if those requirements
    (a) Do not conflict with the training requirements in this subpart and in part 177 of this subchapter; and
    (b) Apply only to drivers domiciled in that
    State.
    172.702 Applicability and responsibility for
    training.
    WHO IS RESPONSIBLE FOR TRAINING?
    (a) A hazmat employer shall ensure that each
    of its hazmat employees is trained in accordance
    with the requirements prescribed in this subpart.

    Page 340

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    49 CFR 172.704

    Editors Note: See also 49 CFR 173.1(b) ...It is


    the duty of each person who offers hazardous
    materials for transportation to instruct each of
    his officers, agents, and employees having any
    responsibility for preparing hazardous materials
    for shipment as to applicable regulations in this
    subchapter.

    Editors Note: DOT leaves to the discretion of


    the employer the determination of appropriate
    means for testing. Testing can be written, oral,
    by demonstration of ability, by computer, or otherwise. Regardless of the method of testing chosen, standards of passing should be established
    in advance and should be adhered to.

    I.e., only the employer is responsible for


    detailed training and recordkeeping. However,
    the shipper must assure that all persons involved
    in preparing materials for transportation know
    how to do their jobs correctly.

    [Source Note: At 57 FR 22181, May 27, 1992, added (d). At


    61 FR 27173, May 30, 1996, revised (b).]

    172.704 Training requirements.


    TRAINING CONTENT

    UPDATE TRAINING
    (b) Except as provided in 172.704(c)(1), a
    hazmat employee who performs any function subject to the requirements of this subchapter may not
    perform that function unless instructed in the
    requirements of this subchapter that apply to that
    function. It is the duty of each hazmat employer to
    comply with the applicable requirements of this
    subchapter and to thoroughly instruct each hazmat
    employee in relation thereto.
    Editors Note: If a new regulation is adopted,
    or an existing regulation is changed, that relates
    to a function performed by a hazmat employee,
    that hazmat employee must be instructed in
    those new or revised function specific requirements without regard to the timing of the three
    year training cycle. [Preamble, 61 FR 27169,
    May 30, 1996.]

    Editors Note: Hazmat employee means a person who ...in the course of employment directly
    affects hazardous materials transportation
    safety. [49 CFR 171.8, definition of Hazmat
    employee].
    (c) Training may be provided by the hazmat
    employer or other public or private sources.
    TESTING
    (d) A hazmat employer shall ensure that each
    of its hazmat employees is tested by appropriate
    means on the training subjects covered in
    172.704.

    (a) Hazmat employee training must include


    the following:
    (1)
    (2)
    (3)
    (4)
    (5)

    General for all


    Taught to do what you do
    Safety for those handling or exposed
    Security awareness for all
    Training on security plan, if required

    (1)
    General awareness/familiarization
    training. Each hazmat employee shall be provided
    general
    awareness/familiarization
    training
    designed to provide familiarity with the requirements of this subchapter, and to enable the
    employee to recognize and identify hazardous
    materials consistent with the hazard communication standards of this subchapter.
    (2) Function-specific training.
    (i) Each hazmat employee must be provided function-specific training concerning requirements of this subchapter, or exemptions or special
    permits issued under subchapter A of this chapter,
    that are specifically applicable to the functions the
    employee performs.
    (ii) As an alternative to function-specific
    training on the requirements of this subchapter,
    training relating to the requirements of the ICAO
    Technical Instructions and the IMDG Code may be
    provided to the extent such training addresses
    functions authorized by 171.22 through 171.25
    of this subchapter.

    2008 Lion Technology Inc., Lafayette, NJ 07848


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    49 CFR 172.704

    Hazardous Materials Transportation

    (3) Safety
    training.
    Each
    hazmat
    employee shall receive safety training concerning
    (i) Emergency
    response
    required by subpart G of part 172;

    information

    (ii) Measures to protect the employee


    from the hazards associated with hazardous materials to which they may be exposed in the work
    place, including specific measures the hazmat
    employer has implemented to protect employees
    from exposure; and
    (iii) Methods and procedures for avoiding
    accidents, such as the proper procedures for handling packages containing hazardous materials.
    Editors Note: Safety training is for hazmat
    employees who handle or transport packagings
    containing hazardous materials during the
    course of transportation (e.g., packers and warehouse workers) and persons who have the
    potential for exposure to hazardous materials as
    a result of a transportation accident (e.g., drivers or members of a train crew). [Preamble, 57
    FR 20949, May 15, 1992.]
    Employees who do not handle hazardous materials and do not have potential for exposure
    (e.g., clerical workers typing shipping papers)
    do not need DOT safety training.
    (4) Security awareness training. No later
    than the date of the first scheduled recurrent training after March 25, 2003, and in no case later than
    March 24, 2006, each hazmat employee must
    receive training that provides an awareness of
    security risks associated with hazardous materials
    transportation and methods designed to enhance
    transportation security. This training must also
    include a component covering how to recognize
    and respond to possible security threats. After
    March 25, 2003, new hazmat employees must
    receive the security awareness training required by
    this paragraph within 90 days after employment.
    (5) In-depth security training. By December 22, 2003, each hazmat employee of a person
    required to have a security plan in accordance with
    subpart I of this part must be trained concerning

    Page 342

    the security plan and its implementation. Security


    training must include company security objectives,
    specific security procedures, employee responsibilities, actions to take in the event of a security
    breach, and the organizational security structure.
    (b) OSHA, EPA, and other training. Training
    conducted by employers to comply with the hazard
    communication programs required by the Occupational Safety and Health Administration of the
    Department of Labor (29 CFR 1910.120 or
    1910.1200) or the Environmental Protection
    Agency (40 CFR 311.1), or training conducted by
    employers to comply with security training programs required by other Federal or international
    agencies, may be used to satisfy the training
    requirements in paragraph (a) of this section to the
    extent that such training addresses the training
    components specified in paragraph (a) of this section.
    WHEN TO TRAIN
    (c) Initial and recurrent training.
    Initial Training
    (1) Initial training. A new hazmat
    employee, or a hazmat employee who changes job
    functions may perform those functions prior to the
    completion of training provided
    (i) The employee performs those functions under the direct supervision of a properly
    trained and knowledgeable hazmat employee; and
    (ii) The training is completed within 90
    days after employment or a change in job function.
    Complete Retraining
    (2) Recurrent
    training.
    A
    hazmat
    employee shall receive the training required by this
    subpart at least once every three years.
    (3) Relevant Training. Relevant training
    received from a previous employer or other source
    may be used to satisfy the requirements of this subpart provided a current record of training is
    obtained from hazmat employees previous
    employer.

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    Communications

    (4) Compliance. Each hazmat employer is


    responsible for compliance with the requirements
    of this subchapter regardless of whether the training required by this subpart has been completed.
    TRAINING RECORDS
    (d) Recordkeeping. A record of current training, inclusive of the preceding three years, in accordance with this section shall be created and
    retained by each hazmat employer for as long as
    that employee is employed by that employer as a
    hazmat employee and for 90 days thereafter. The
    record shall include:

    49 CFR 172.704

    [Source Note: At 58 FR 5851, January 22, 1993, revised paragraphs (a)(1), (a)(2), (c)(1)(i) and (c)(1)(ii); and at 60 FR
    49110, September 21, 1995, revised (a)(2)(i). At 61 FR 27173,
    May 30, 1996, revised (c)(1) and (2) and (d) introductory text.
    At 65 FR 50460, August 18, 2000, revised (b). At 68 FR 14521,
    March 25, 2003, revised (a) introductory text and (b), and
    added (a)(4)(a)(5). At 70 FR 73164, December 9, 2005,
    revised (a)(2)(i) and (e). At 73 FR 4716, January 28, 2008,
    effective October 1, 2008, revised (a)(2)(ii).]

    (1) The hazmat employees name;


    (2) The most recent training completion
    date of the hazmat employees training;
    (3) A description, copy, or the location of
    the training materials used to meet the requirements in paragraph (a) of this section;
    (4) The name and address of the person
    providing the training; and
    (5) Certification
    that
    the
    hazmat
    employee has been trained and tested, as required
    by this subpart.
    (e) Limitations.
    apply:

    The

    following

    limitations

    (1) A hazmat employee who repairs, modifies, reconditions, or tests packagings, as qualified
    for use in the transportation of hazardous materials, and who does not perform any other function
    subject to the requirements of this subchapter, is
    not subject to the training requirement of paragraph (a)(3) of this section.
    (2) A railroad maintenance-of-way
    employee or railroad signalman, who does not perform any function subject to the requirements of
    this subchapter, is not subject to the training
    requirements of paragraphs (a)(2), (a)(4), or
    (a)(5) of this section. Initial training for a railroad
    maintenance-of-way employee or railroad signalman in accordance with this section must be completed by October 1, 2006.

    2008 Lion Technology Inc., Lafayette, NJ 07848


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