ARE YOU A HAZMAT EMPLOYER?
From CFR49 171.8, here are the definitions of: Hazmat employer means a person who uses one or more of its employees in connection with: transporting hazardous materials in commerce; causing hazardous materials to be transported or shipped in commerce; or representing, marking, certifying, selling, offering, manufacturing, reconditioning, testing, repairing, or modifying containers, drums, or packagings as qualified for use in the transportation of hazardous materials. This term includes an owner-operator of a motor vehicle which transports hazardous materials in commerce. This term also includes any department, agency, or instrumentality of the United States, a State, a political subdivision of a State, or and Indian tribe engaged in an activity described in the first sentence of this definition. Hazmat employee means a person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety. This term includes an owner-operator of a motor vehicle which transports hazardous materials in commerce. This term includes an individual, including a self-employed individual, employed by a hazmat employer who, during the course of employment:
Here are the training requirements for Hazmat employers from 49CFR Sec. 172. 702 Applicability and responsibility for training and testing . (a) A hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements prescribed in this subpart. (b) Except as provided in Sec. 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. (c) Training may be provided by the hazmat employer or other public or private sources. (d) A hazmat employer shall ensure that each of its hazmat employees is tested by appropriate means on the training subjects covered in Sec. 172.704. Sec. 172. 704 Training requirements. (a) Hazmat employee training must include the following: (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 .
(3) Safety training . Each hazmat employee shall receive safety training concerning--
(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 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 (c) Initial and recurrent training -
(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. (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. (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: (1) The hazmat employee's name; (2) The most recent training completion date of the hazmat employee's training; (3) A description, copy, or the location of the training materials used to meet the requirements in paragraph (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) Limitation . 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 safety training requirement of paragraph (a)(3) of this section. Did you know that these items are Dangerous Goods for air transport as cargo?
There are exceptions and exemptions for some of the above materials, so if you are in doubt, then check it out. |
|
