Notice2024-05268
Hazardous Materials: Frequently Asked Questions-Training Requirements
Primary source
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Published
March 13, 2024
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
On March 22, 2022, PHMSA announced an initiative to convert historical letters of interpretation (LOI) applicable to the Hazardous Materials Regulations (HMR) that have been issued to specific stakeholders into broadly applicable frequently asked questions (FAQ). On December 9, 2022, PHMSA published the first set of FAQ regarding applicability of the HMR. On August 18, 2023, PHMSA published the second set of FAQ regarding incident reporting. Today's notice contains the third set of FAQ regarding training requirements.
Full Text
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<title>Federal Register, Volume 89 Issue 50 (Wednesday, March 13, 2024)</title>
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[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18479-18482]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05268]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2021-0109; Notice No. 2023-16]
Hazardous Materials: Frequently Asked Questions--Training
Requirements
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice.
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SUMMARY: On March 22, 2022, PHMSA announced an initiative to convert
historical letters of interpretation (LOI) applicable to the Hazardous
Materials Regulations (HMR) that have been issued to specific
stakeholders into broadly applicable frequently asked questions (FAQ).
On December 9, 2022, PHMSA published the first set of FAQ regarding
applicability of the HMR. On August 18, 2023, PHMSA published the
second set of FAQ regarding incident reporting. Today's notice contains
the third set of FAQ regarding training requirements.
DATES: Interested persons are invited to submit comments on or before
April 12, 2024. Comments received after that date will be considered to
the extent practicable.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2021-0109 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 1-202-493-2251.
<bullet> Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Docket Management System; Room W12-140 on
the ground floor of the West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.
Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2021-0109) for this notice. To avoid duplication,
please use only one of these four methods. All comments received will
be posted without change to the Federal Docket Management System (FDMS)
and will include any personal information you provide.
Docket: For access to the dockets to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> or DOT's Docket
Operations Office (see ADDRESSES).
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public. DOT posts these comments, without edit,
including any personal information the commenter provides, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at <a href="http://www.dot.gov/privacy">http://www.dot.gov/privacy</a>.
Confidential Business Information (CBI): CBI is commercial or
financial information that is both customarily and actually treated as
private by its owner. Under the Freedom of Information Act (FOIA) (5
U.S.C. 552), CBI is exempt from public disclosure. If your comments
responsive to this notice contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and is relevant or responsive to this notice, it is important
that you clearly designate the submitted comments as ``CBI.'' Please
mark each page of your submission containing CBI as ``PROPIN.''
Submissions containing
[[Page 18480]]
CBI should be sent to Arthur Pollack, Standards and Rulemaking
Division, 202-366-8553, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA
receives that is not specifically designated as CBI will be placed in
the public docket for this notice.
FOR FURTHER INFORMATION CONTACT: Arthur Pollack, Standards and
Rulemaking Division, 202-366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On March 22, 2022, PHMSA \1\ announced an initiative \2\ to convert
historical LOI applicable to the HMR \3\ that have been issued to
specific stakeholders into broadly applicable FAQ to facilitate better
public understanding and awareness of the HMR. In that initial set of
FAQ, PHMSA also requested comment on the initiative and solicited input
on the prioritization of future sets of FAQ. FAQ are not substantive
rules themselves and do not create legally enforceable rights, assign
duties, or impose new obligations not otherwise contained in the
existing regulations and standards. Instead, FAQ are intended as an aid
to the regulated community to better understand how to comply with the
regulations. An individual who is able to demonstrate that it is acting
in accordance with the FAQ, however, is likely to be able to
demonstrate compliance with the relevant regulations. If an individual
chooses not to follow the FAQ, the individual must be able to
demonstrate that its conduct is in accordance with the regulations.
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\1\ Hazardous Materials: Frequently Asked Questions-
Applicability of the Hazardous Material Regulations. 87 FR 16308
(March 22, 2022), available at: <a href="https://www.regulations.gov/document/PHMSA-2021-0109-0001">https://www.regulations.gov/document/PHMSA-2021-0109-0001</a>.
\2\ Hazardous Materials: Frequently Asked Questions-
Applicability of the Hazardous Material Regulations (Dec. 9, 2022),
available at: <a href="https://www.regulations.gov/document/PHMSA-2021-0109-0013">https://www.regulations.gov/document/PHMSA-2021-0109-0013</a>; Hazardous Materials: Frequently Asked Questions-Incident
Reporting. 88 FR 56702 (August 18, 2023), available at: <a href="https://www.regulations.gov/document/PHMSA-2021-0109-0014">https://www.regulations.gov/document/PHMSA-2021-0109-0014</a>.
\3\ 49 CFR parts 171-180.
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II. Purpose of the FAQ Initiative
This initiative provides additional value to PHMSA's Online Code of
Federal Regulations (oCFR) tool.\4\ The oCFR tool is an interactive
web-based application that allows users to navigate with a single click
between all content, including LOI, connected to an HMR citation. The
oCFR tool includes the ability to sort, filter, and export search
results. Upon completion of this initiative, PHMSA's Office of
Hazardous Materials Safety (OHMS) will be able to achieve efficiencies
for other more complex or novel requests for LOI and devote resources
to other hazardous materials transportation safety projects. This
initiative will also allow resources to be made available for other
improvement-related operations, such as petitions for rulemakings,
public outreach and engagement, and economically beneficial regulatory
and policy improvements. In the section of this notice titled
``Frequently Asked Questions: Hazmat Training Requirements,'' PHMSA is
publishing its third set of FAQ developed under this initiative.
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\4\ PHMSA's Online CFR (oCFR), available at: <a href="https://www.phmsa.dot.gov/standards-rulemaking/hazmat/phmsas-online-cfr-ocfr">https://www.phmsa.dot.gov/standards-rulemaking/hazmat/phmsas-online-cfr-ocfr</a>.
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III. Frequently Asked Questions
Hazardous Materials (Hazmat) Training Requirements
The requirements for hazmat training are outlined under Subpart H
to Part 172 of the HMR--specifically, Sec. Sec. 172.700 through
172.704.\5\ Therefore, as noted above, to facilitate better public
understanding and awareness of the HMR, the FAQ pertaining to hazmat
training are as follows:
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\5\ <a href="https://www.ecfr.gov/current/title-49/part-172/subpart-H">https://www.ecfr.gov/current/title-49/part-172/subpart-H</a>.
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1. Question: What are the hazardous materials training requirements?
Answer: A hazmat employee, defined under Sec. 171.8, is subject to
training under Sec. 172.700. Each hazmat employer must train and test
their hazmat employees, certify their training, and develop and retain
records of current training. The HMR requires a systematic training
program that ensures a hazmat employee has familiarity with the general
provisions of the HMR; is able to recognize and identify hazardous
materials; has knowledge of specific requirements of the HMR applicable
to functions performed by the employee; and has knowledge of emergency
response information, self-protection measures, and accident prevention
methods and procedures.
2. Question: What is required as part of a complete hazmat training
program?
Answer: Section 172.704 requires that hazmat training include:
<bullet> general awareness/familiarization training;
<bullet> function-specific training;
<bullet> safety training;
<bullet> security awareness training; and
<bullet> in-depth security training if a security plan is required.
Additionally, Sec. 172.700 requires hazmat employees receive
modal-specific training for the individual modes of transportation the
employee operates.
This training can be performed by the hazmat employer, by the
hazmat employee, or by a contracted training service so long as all the
training requirements in Subpart H to Part 172 are met.
3. Question: Who is considered a ``hazmat employee?''
Answer: A hazmat employee is defined in Sec. 171.8 as any person
who--in the course of employment--directly affects hazmat
transportation safety and includes, but is not limited to, loading,
unloading, or handling hazmat; inspecting hazmat packaging; preparing
hazmat shipments; operating vehicles used to transport hazmat; and
anyone responsible for hazmat transportation safety.
4. Question: Who is considered a ``hazmat employer?''
Answer: A hazmat employer is defined in Sec. 171.8 as a person who
uses one or more of its hazmat employees to transport hazmat in
commerce; to cause hazmat to be transported in commerce; or designs,
manufactures, fabricates, inspects, marks, maintains, reconditions,
tests, or repairs containers, drums, or packagings as qualified for use
in the transportation of hazardous materials.
5. Question: Do the HMR allow a hazmat employee to self-train?
Answer: Yes. Hazmat employees may self-train, provided the general
awareness/familiarization training, function-specific training, safety
training, security awareness training, in-depth security training,
testing, recordkeeping, and certification requirements specified in
Sec. 172.704 are met.
6. Question: What training materials and resources are available from
PHMSA?
Answer: PHMSA's Outreach and Training Branch offers training
publications, videos, and brochures, which can be found at: https://
[[Page 18481]]
www.phmsa.dot.gov/training/hazmat/hazardous-materials-outreach-
engagement.
7. Question: Is a hazmat trainer required to have a certification or
minimum level of training?
Answer: No. PHMSA does not specify or require minimum
qualifications for hazmat trainers. A trainer needs to be able to
convey the training requirements under Sec. 172.704.
8. Question: What documentation or recordkeeping is required for
hazardous materials training?
Answer: Hazmat employers must keep training records for each hazmat
employee in accordance with Sec. 172.704(d). Compliance with
recordkeeping requirements can be achieved in many ways (e.g.,
certificate, electronic, or even written paperwork) and could involve
partnerships with any organization offering training that meets the
needs of the hazmat employer. The training records must include the
following information:
<bullet> the hazmat employee's name;
<bullet> date of the most recently completed training;
<bullet> information about the training materials;
<bullet> name and address of the trainer; and
<bullet> a certification that the hazmat employee has been trained
and tested in accordance with the HMR.
Regardless of who performs the training or generates the records,
the hazmat employer is ultimately responsible for compliance with the
recordkeeping requirements of Sec. 172.704(d).
9. Question: Is testing of hazmat employees--for example, a test or
exam--required as part of a training program?
Answer: Yes. While the HMR do not prescribe detailed test
procedures for hazmat employees, some type of test or exam is required.
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. (See Sec. 172.702; see
also Sec. 172.704.) Any method of testing that achieves this purpose
is acceptable. No specific testing document is required.
Although the requirements in Sec. 172.702(d) do not state that a
hazmat employee must ``pass'' a test, a hazmat employee must be trained
in accordance with the applicable HMR and may only be certified in
those areas in which the hazmat employee can successfully perform their
assigned duties. Employees may be tested on the training requirements
specified in Sec. 172.704 by any appropriate means.
10. Question: May an employee successfully take a test and have the
hazmat training or recurrent training requirement waived?
Answer: No. An employee may not take and pass an exam, and then
have the hazmat training or the recurrent training requirement waived.
Hazmat training and recurrent training must cover the primary areas as
specified under the training requirements in Sec. 172.704, i.e.,
general awareness/familiarization training, function-specific training,
safety training, security awareness training, and in-depth security
training (if applicable).
11. Question: How often must a hazmat employee be trained?
Answer: In accordance with Sec. 172.704(c)(2), a hazmat employee
must receive the required training at least once every three years.
12. Question: If an employee's job function changes, and new hazmat
functions are performed or PHMSA regulations are amended, is further
training required?
Answer: Yes. A hazmat employer must ensure that each hazmat
employee is thoroughly instructed in the requirements that apply to
functions performed by that employee. (See Sec. 172.702(b).) Section
172.704(c)(1) requires that a new hazmat employee or a hazmat employee
who changes job functions must complete their hazmat training within 90
days after employment or job function change. However, they may perform
the job functions prior to the completion of training under the direct
supervision of a properly trained and knowledgeable hazmat employee.
When PHMSA adopts a new regulation or changes an existing regulation
that relates to a function performed by a hazmat employee, the hazmat
employee must be instructed in the new or revised function-specific
requirements as soon as necessary based on the new requirement's
compliance timeline without regard to the three-year training cycle.
13. Question: How does a hazmat employer determine what function-
specific training is required under Sec. 172.704?
Answer: Function-specific training is specific to the function(s)
for which the hazmat employee is responsible. The hazmat employer must
determine what tasks the hazmat employee is responsible for that are
directly regulated under the HMR, and then provide the necessary
training in accordance with Subpart H to Part 172.
14. Question: Is online, computer-based, and virtual training
authorized under the HMR?
Answer: Yes. A hazmat employer may use any type of training method,
including forms of digital training (e.g., online, computer-based, and
virtual training programs), that ensures each hazmat employee receives
general awareness/familiarization training, function-specific training,
safety training, security awareness training, and in-depth security
training. (See Sec. 172.704; see also Sec. 172.702.) The hazmat
employer must also ensure that testing, recordkeeping, and
certification requirements as specified in Sec. 172.704 are met.
15. Question: Can previously completed Occupational Safety and Health
Administration (OSHA), U.S. Environmental Protection Agency (EPA), or
other required safety training substitute for hazmat training?
Answer: Training conducted to comply with the hazard communication
programs required by OSHA, EPA, or training programs required by other
federal or international agencies may be used to satisfy portions of
the training requirements set forth in Subpart H to Part 172.
16. Question: What are the penalties for violation of the requirements
of the HMR, such as training?
Answer: A hazmat employer must ensure that each of its hazmat
employees is trained in accordance with the requirements prescribed
under Subpart H to Part 172. (See Sec. 172.702.) A person who
knowingly violates a requirement of the HMR or the Federal Hazmat
Transportation Law, 49 U.S.C. 5101 et seq., may be liable for a civil
penalty of not more than $ 99,756.\6\ For a violation that results in
death, serious illness, severe injury, or substantial property
destruction, the maximum penalty is increased to $ 232,762.\6\ For
violations related to training, there is a minimum penalty of $ 601.
(See Sec. 107.329.) Maximum and minimum penalty limitations are
updated annually to adjust for inflation.
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\6\ As of December 28, 2023, <a href="https://www.federalregister.gov/documents/2023/12/28/2023-28066/revisions-to-civil-penalty-amounts-2024">https://www.federalregister.gov/documents/2023/12/28/2023-28066/revisions-to-civil-penalty-amounts-2024</a>. Annual updates to civil penalty amounts are codified at Sec.
107.329.
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17. Question: Who is responsible for the required hazmat training of a
subcontractor's employees?
Answer: Under Sec. 171.8, a subcontractor's hazmat employee is a
hazmat employee. In accordance with Sec. 172.702(a), the
subcontractor, as the hazmat employer for its hazmat employees, is
responsible for ensuring that each of its hazmat employees are trained
in accordance with Subpart H to Part 172. However, Sec. 172.702(c)
provides flexibility on who can provide the training. The training may
be provided by the hazmat employer or by some other public or private
source.
18. Question: Is a person located outside the United States who offers
a shipment from a foreign location for transportation in the United
States--in accordance with an international standard recognized by the
HMR--subject to the training requirements in Subpart H to Part 172?
Answer: Yes. Sec. 171.22 prescribes additional requirements for
the use of international standards for shipments offered for
transportation or transported in the United States and includes
shipments originating in a foreign location and transported to the
United States. Under Sec. 171.22(g)(2), the training requirements in
Subpart H to Part 172, including function specific training, must be
satisfied. Training conducted, in accordance with Sec. 171.22, to
comply with the international standards may be used to satisfy the
training requirements set forth in Sec. 172.704, to the extent that
such training addresses the training components specified in Sec.
172.704(a). It is not necessary to duplicate training. However, the
hazmat employer must provide additional training to employees
performing covered functions for any training components required by
the HMR that were not previously addressed.
19. Question: Is a driver required to have hazmat training in
accordance with Subpart H to Part 172 if the driver has a hazmat
endorsement on a CDL?
Answer: Yes. In accordance with Sec. 177.800(c), each driver who
is a hazmat employee is subject to the training requirements in Subpart
H to Part 172, and the driver training requirements in Sec. 177.816,
regardless of whether a hazmat endorsement is required. However, the
training required to obtain a hazmat endorsement may be used to satisfy
some of the training requirements of the HMR to the extent that such
training addresses the training components of Sec. 172.704. (See Sec.
177.816(c).)
IV. Future FAQ Topics
With the completion of this set of FAQ specific to training
requirements, PHMSA will begin consideration for its next set of FAQ
based on public input received. As such, PHMSA will continue concurrent
work on future FAQ notices and subsequent topics may include FAQ
pertaining to classification, hazard communication, hazardous
substances, hazardous wastes, modal-specific requirements, or
packaging.
Issued in Washington, DC, on March 7, 2024, under authority
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2024-05268 Filed 3-12-24; 8:45 am]
BILLING CODE 4910-60-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.