Since 1982

Training and the Hazmat 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:

GENERAL § 173.1;

SPECIFIC § 172.704

MODAL:

• Air § 175.20
• Vessel § 176.13
• Highway §§ 177.800, 177.816

TRAINING REQUIREMENTS

Each hazmat employer must:

• train and test,
• certify, and
• develop and retain records of current training (inclusive of preceding three years) for each hazmat employee (during the period of employment and 90 days thereafter).

Hazmat training must include:

• General awareness/familiarization;
• Function-specific, training;
• Safety;
• Security awareness;
• In-depth security training, if a security plan is required; and
• Driver training (for each hazmat employee who will operate a motor vehicle).

Initial training

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

Recurrent training

• is required at least once every three years. The three year period begins on the actual date of training.
• 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 (i.e., OSHA, EPA, and other Federal or international agencies.) Training must address components specified in 172.704(a) of the HMR to be considered applicable.

Training Records must include:

• Hazmat employee's name;
• Completion date of most recent training;
• Training Materials (Copy, description, or location);
• Name and address of hazmat trainer; and
• Certification that the hazmat employee has been trained and tested.

*Did you know that according to PHMSA (Pipeline and Hazardous Materials Safety Administration), “Most transportation incidents involving hazardous materials are the result of human error. Training is the best means of preventing hazardous materials incidents.”¹

Here are some more examples of what happens when companies are alleged to be out of  compliance with the Hazmat Regulations and are subsequently fined:

(Packaging Manufacturer). Manufactured, marked, certified, and sold combination packaging as meeting the UN4G standard, when design qualification testing was not conducted. [178.601(l), 178.601(e), and 178.601(d)]
FINE: $11,750.00.²

(Manufacturer/Shipper).  Failed to develop and adhere to a security plan; failed to provide employee training, including security awareness training; failed to register with RSPA/PHMSA. [172.802(a) and (b), 172.704(a), 172.800(b), 107.608(b), 107.601(a)(6), and 172.702(b)] FINE: $6,295.00.²

¹ PHMSA Brochure number DHM50-0029-0403
² This information is taken from the PHMSA Enforcement Notice database at: http://hazmat.dot.gov/enforce/hmenforce.htm Company names have been removed at the discretion of this publication.

As you can see, there are always serious consequences when Hazmat Employee Training does not measure up. We still have some seats open for our next public training seminars located conveniently between Newark Liberty International Airport and Philadelphia International Airport, in Cranbury, NJ. (NJ Turnpike Exit-8A).

Seminar               Location     Start Date/End Date

IATA Accredited 3-Day Initial Training ·· View Course Information Philadelphia Airport, PA 8/6/2007 8/8/2007 Register 49CFR / IMDG Combined Training ·· View Course Information Philadelphia Airport, PA 8/15/2007 8/17/2007 Register Multi-Modal 49CFR/IATA/IMDG Initial Training ·· View Course Information Philadelphia Airport, PA 8/22/2007 8/24/2007 Register

The U.S. Navy answers the question: "Why did the chicken cross the road?"

Naval Education and Training Command (NAVEDTRA): The purpose is to familiarize the chicken with road-crossing procedures. Road-crossing should be performed only between the hours of sunset and sunrise. Solo chickens must have at least three miles of visibility and a safety observer.

Bureau of Naval Personnel (BUPERS): Due to the needs of the Navy, chicken was involuntarily reassigned to the other side of the road. This will be 3-year unaccompanied tour and we promise to give the chicken a good-deal assignment afterwards. Every chicken will be required to do one road-crossing during its career, and this will not affect its opportunities for future promotion.

Naval Air Warfare Center (NAWC): This event will need confirmation; we need to repeat it using varied chicken breeds, road types, and weather conditions to confirm whether it can actually happen within the parameters specified for chickens and the remote possibility that they might cross thruways designated by some as "roads."

Commander-in-Chief, U.S. Naval Forces, Europe (CINCUSNAVEUR): The purpose is not important. What is important is that the chicken remained under the OPCON of COMSIXTHFLEET and did not CHOP to the theater on the other side of the road. Without Chopping, the chicken was able to achieve a seamless road-crossing with near perfect, real-time in-transit visibility.

Naval Air Systems Command (NAVAIRSYSCOM): The chicken was instructed to hold short of the road. This road incursion incident was reported in a Hazardous Chicken Road-Crossing Report (HCRCR). Please re-emphasize that chickens are required to read back all hold short instructions.

Space and Naval Warfare Systems Command (SPAWARSYSCOM): The "stovepipe" chickens of today will be replaced with a multi-function, supported, affordable, integrated and interoperable world-class chicken to warriors and supporting elements, enabling them to dominate the roads of today and tomorrow, as we move "Forward...From the Sea." Comptroller holds and corporate taxes, however, will require delay fielding for two years, unless Congressional plus-ups are approved.

NAVSEASYSCOM's Chicken Systems Program Office (PMS400CSPO): In a partnering relationship with the client, helped the chicken by rethinking its physical distribution strategy and implementation processes. The CSPO helped the chicken change to continue meeting its mission. However, the actual crossing of the road has not occurred due to the number of action items still open from the meeting.

Naval Intelligence: What chicken?