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picture1_Cfr Pdf 95779 | 49 Cfr 172 Subpart H


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File: Cfr Pdf 95779 | 49 Cfr 172 Subpart H
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 ...

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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                                    Editors 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
                   Editors Note:  See also 49 CFR 173.1(b) “...It is           Editors 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
                   Editors 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-
                   Editors 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
              Editors 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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