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Communications 172 49 CFR PART 172 Subpart H—Training © 2008 Lion Technology Inc., Lafayette, NJ 07848 Page 339 08-0320 49 CFR §172.700 Hazardous Materials Transportation 49 CFR PART 172 Editors Note: Subpart H17—2Training Part 174 = Rail Carriers Part 175 = Air Carriers Sec. Part 176 = Vessel Carriers 172.700 Purpose and scope. Part 177 = Highway Carriers 172.701 Federal-State relationship. For example, Part 177 training requirements 172.702 Applicability and responsibility for train- include: ing. 172.704 Training requirements. §177.800(b)—General §177.816—Driver Training §172.700 Purpose and scope. §177.834(i)(4)—Loading & Unloading Cargo Tanks (a) Purpose. This subpart prescribes require- Note also: Modal authorities such as Motor Car- ments for training hazmat employees. rier Safety Rules [49 CFR 350-399] also include (b) Scope. Training as used in this subpart training requirements. means a systematic program that ensures a hazmat employee has familiarity with the general provi- §172.701 Federal/State relationship. sions of this subchapter, is able to recognize and identify hazardous materials, has knowledge of This subpart and the parts referenced in specific requirements of this subchapter applicable §172.700(c) prescribe minimum training require- to functions performed by the employee, and has ments for the transportation of hazardous materi- knowledge of emergency response information, als. For motor vehicle drivers, however, a State may self-protection measures and accident prevention impose more stringent training requirements only methods and procedures (see §172.704). if those requirements— (c) Modal-specific training requirements. Addi- (a) Do not conflict with the training require- tional training requirements for the individual ments in this subpart and in part 177 of this sub- modes of transportation are prescribed in parts chapter; and 174, 175, 176, and 177 of this subchapter. (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 © 2008 Lion Technology Inc., Lafayette, NJ 07848 08-0320 Communications 49 CFR §172.704 Editors Note: See also 49 CFR 173.1(b) “...It is Editors Note: DOT leaves to the discretion of the duty of each person who offers hazardous the employer the determination of “appropriate materials for transportation to instruct each of means” for testing. Testing can be written, oral, his officers, agents, and employees having any by demonstration of ability, by computer, or oth- responsibility for preparing hazardous materials erwise. Regardless of the method of testing cho- for shipment as to applicable regulations in this sen, standards of passing should be established subchapter.” in advance and should be adhered to. I.e., only the “employer” is responsible for [Source Note: At 57 FR 22181, May 27, 1992, added (d). At detailed training and recordkeeping. However, 61 FR 27173, May 30, 1996, revised (b).] the shipper must assure that all persons involved in preparing materials for transportation know §172.704 Training requirements. how to do their jobs correctly. TRAINING CONTENT UPDATE TRAINING (a) Hazmat employee training must include (b) Except as provided in §172.704(c)(1), a the following: hazmat employee who performs any function sub- ject to the requirements of this subchapter may not (1) General for all perform that function unless instructed in the (2) Taught to do what you do requirements of this subchapter that apply to that (3) Safety for those handling or exposed function. It is the duty of each hazmat employer to (4) Security awareness for all comply with the applicable requirements of this (5) Training on security plan, if required subchapter and to thoroughly instruct each hazmat employee in relation thereto. (1) General awareness/familiarization training. Each hazmat employee shall be provided Editors Note: “If a new regulation is adopted, general awareness/familiarization training or an existing regulation is changed, that relates designed to provide familiarity with the require- to a function performed by a hazmat employee, ments of this subchapter, and to enable the that hazmat employee must be instructed in employee to recognize and identify hazardous those new or revised function specific require- materials consistent with the hazard communica- ments without regard to the timing of the three tion standards of this subchapter. year training cycle.” [Preamble, 61 FR 27169, May 30, 1996.] (2) Function-specific training. (i) Each hazmat employee must be pro- Editors Note: “Hazmat employee means a per- vided function-specific training concerning require- son who ...in the course of employment directly ments of this subchapter, or exemptions or special affects hazardous materials transportation permits issued under subchapter A of this chapter, safety.” [49 CFR 171.8, definition of “Hazmat that are specifically applicable to the functions the employee”]. employee performs. (c) Training may be provided by the hazmat (ii) As an alternative to function-specific employer or other public or private sources. training on the requirements of this subchapter, training relating to the requirements of the ICAO TESTING Technical Instructions and the IMDG Code may be provided to the extent such training addresses (d) A hazmat employer shall ensure that each functions authorized by §§171.22 through 171.25 of its hazmat employees is tested by appropriate of this subchapter. means on the training subjects covered in §172.704. © 2008 Lion Technology Inc., Lafayette, NJ 07848 Page 341 08-0320 49 CFR §172.704 Hazardous Materials Transportation (3) Safety training. Each hazmat the security plan and its implementation. Security employee shall receive safety training concern- training must include company security objectives, ing— specific security procedures, employee responsibili- ties, actions to take in the event of a security (i) Emergency response information breach, and the organizational security structure. required by subpart G of part 172; (b) OSHA, EPA, and other training. Training (ii) Measures to protect the employee conducted by employers to comply with the hazard from the hazards associated with hazardous mate- communication programs required by the Occupa- rials to which they may be exposed in the work tional Safety and Health Administration of the place, including specific measures the hazmat Department of Labor (29 CFR 1910.120 or employer has implemented to protect employees 1910.1200) or the Environmental Protection from exposure; and Agency (40 CFR 311.1), or training conducted by employers to comply with security training pro- (iii) Methods and procedures for avoiding grams required by other Federal or international accidents, such as the proper procedures for han- agencies, may be used to satisfy the training dling packages containing hazardous materials. requirements in paragraph (a) of this section to the extent that such training addresses the training Editors Note: “Safety training is for hazmat components specified in paragraph (a) of this sec- employees who handle or transport packagings tion. containing hazardous materials during the WHEN TO TRAIN course of transportation (e.g., packers and ware- house workers) and persons who have the (c) Initial and recurrent training.— potential for exposure to hazardous materials as a result of a transportation accident (e.g., driv- Initial Training ers or members of a train crew).” [Preamble, 57 FR 20949, May 15, 1992.] (1) Initial training. A new hazmat Employees who do not handle hazardous mate- employee, or a hazmat employee who changes job rials and do not have potential for exposure functions may perform those functions prior to the (e.g., clerical workers typing shipping papers) completion of training provided— do not need DOT safety training. (i) The employee performs those func- (4) Security awareness training. No later tions under the direct supervision of a properly than the date of the first scheduled recurrent train- trained and knowledgeable hazmat employee; and ing after March 25, 2003, and in no case later than (ii) The training is completed within 90 March 24, 2006, each hazmat employee must days after employment or a change in job function. receive training that provides an awareness of security risks associated with hazardous materials Complete Retraining transportation and methods designed to enhance transportation security. This training must also (2) Recurrent training. A hazmat include a component covering how to recognize employee shall receive the training required by this and respond to possible security threats. After subpart at least once every three years. March 25, 2003, new hazmat employees must receive the security awareness training required by (3) Relevant Training. Relevant training this paragraph within 90 days after employment. received from a previous employer or other source (5) In-depth security training. By Decem- may be used to satisfy the requirements of this sub- ber 22, 2003, each hazmat employee of a person part provided a current record of training is required to have a security plan in accordance with obtained from hazmat employee’s previous subpart I of this part must be trained concerning employer. Page 342 © 2008 Lion Technology Inc., Lafayette, NJ 07848 08-0320
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