are you a hazmat employer? - safety compliance management · $110,000, criminal prosecution is...

Safety Compliance Management

Are You a Hazmat Employer? Navigating the Hazmat Transportation Training RequirementsRon Gantt, CSP

Thursday, June 7, 12

Objectives

! Identify why we need hazardous materials/dangerous goods transportation training programs

! Describe which employees need to be trained according to regulatory requirements

! List the requirements for a hazmat/dangerous goods training course, including basic requirements, modal specific requirements, and international transportation requirements

! Identify methods for incorporating hazmat/dangerous goods training into an organization’s existing health and safety training programs


Why Train?


Why Train?

! Training is listed as one of the most frequently cited violations


Why Train?


! Minimum citation amounts almost double for training violations


Why Train?



! Maximum fines up to $110,000, criminal prosecution is possible


Why Train?



! Maximum fines up to $110,000, criminal prosecution is possible

! Each day without training can be a separate offense


Who’s looking over our shoulder?

! DOT

! FMCSA

! FAA

! FRA

! USCG

! International Standards (ICAO, IMO, IATA, etc.)


Why Train?


Why Train?

! Training reduces injuries!


Who needs training?


Who needs training?

Hazmat Employees do!


Who needs training?

! A person who is



Who needs training?

! A person who is

! Employed by a hazmat employer or self-employed who directly affects the safety of hazardous materials transportation



Who needs training?

! A person who is

! Employed by a hazmat employer or self-employed who directly affects the safety of hazardous materials transportation

! A railroad signalman or maintenance-of-way employee



What’s a hazmat employer?



! A person who



! A person who

! employs or uses at least one hazmat employee, or is self-employed, and



! A person who


! transports or causes hazardous materials to be transported in commerce, or



! A person who


! transports or causes hazardous materials to be transported in commerce, or

! designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests a package, container, or packaging component that is represented, marked, certified, or sold for use in transporting hazardous materials in commerce


What’s a hazardous material?



! A substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce



! A substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce

! Whatever they say is hazardous...


Hazardous Materials


What is transportation?



! Movement of property and loading, unloading, or storage incidental to that movement




! Transportation functions





! Pre-transportation functions





! Pre-transportation functions

! Unloading incidental to movement of a hazardous material (i.e. post-transportation)


Transportation functions

! Movement by rail, air, vessel (e.g. ocean), or highway

! Loading incidental to movement

! Storage incidental to movement

! Unloading incidental to movement


Pre-Transportation Functions

! Determining the hazard class of a material

! Selecting packaging

! Filling a hazardous materials packaging

! Securing a closure on a filled or partially filled hazardous materials package


Pre-Transportation Functions (cont.)! Marking or labeling a package

to indicate that it contains a hazardous material

! Preparing a shipping paper (including a manifest)

! Providing and maintaining emergency response information

! Reviewing a shipping paper to verify compliance


Pre-Transportation Functions (cont.)! For importers, providing the

shipper with HMR requirements

! Certifying a hazardous material is in proper condition for transportation

! Loading, blocking and bracing a hazardous material package in freight container or transport vehicle

! Segregating a hazardous materials package in a freight container or transport vehicle

! Selecting, providing, or affixing placards to a freight container or transport vehicle


The General Rule


The General Rule

! If someone’s job function could directly affect the safety of transporting a hazardous material then they are a hazmat employee and THEY MUST BE TRAINED!


Of course its never that easy

! Note that certain types and/or quantities of hazardous materials and/or certain types of transportation are specifically excepted from all or some of the training requirements.


Example #1


Example #1

! An employee prepares a drum of hazardous waste for shipment. Is s/he a hazmat employee?


Example #1

! An employee prepares a drum of hazardous waste for shipment. Is s/he a hazmat employee?

! YES! (Letter to Mr. William Horn dated Feb 21, 2001. Ref. no. 01-0024)


Example #2


Example #2

! My employees have been trained to international hazmat transportation requirements. Do they also need DOT hazmat training?


Example #2

! My employees have been trained to international hazmat transportation requirements. Do they also need DOT hazmat training?

! Most likely, yes! (Letter to Mr. John M. Domutz dated March 17, 2011. Ref No. 11-0013)


Example #3


Example #3

! An employee speaks at a national conference in Denver, CO giving advice and training on developing training programs that meet the HMR. Is s/he a hazmat employee?


Example #3

! An employee speaks at a national conference in Denver, CO giving advice and training on developing training programs that meet the HMR. Is s/he a hazmat employee?

! No! (Letter to Mr. Steve R. Tekosky dated Sep 21, 2007. Ref. no. 07-0116)


Example #4


Example #4

! Independent contractor employed by a municipal government agency to transport hazardous materials as wastes from private residences to an approved household hazardous waste collection site or facility. Are they hazmat employees?


Example #4

! Independent contractor employed by a municipal government agency to transport hazardous materials as wastes from private residences to an approved household hazardous waste collection site or facility. Are they hazmat employees?

! No! (Letter to Mr. Daniel N. King dated Feb 5, 2010. Ref. no. 09-0289)


Developing a training program that meets the HMR! Training requirements are

found primarily in 49 CFR 172 Subpart H

! They are performance based - the burden is placed on the employer

! Training must be provided within 90 days of employment

! Training must be repeated/refreshed every 3 years (with exceptions)

! Training must include a test!


What has to be included?

! General Awareness/Familiarization - What do the regulations say? What is a hazardous material?

! Function Specific Training - How do I do my job correctly/safely? (Note: this can be interpreted broadly!)

! Safety Training - How do I avoid accidents? What do I do in an emergency?

! Security Awareness - What is our security risk? How do we increase security?


Other topics

! In-Depth Security Training

! Modal Specific

! Driver Training (Highway)

! Air training for cargo loaders and carriers


International Dangerous Goods Training! IATA

! International Air Transport Association

! ICAO

! International Civil Aviation Organization

! IMO

! International Maritime Organization

! Country Specific Requirements (e.g. Canada’s TDG regulations)


Record Keeping

! Records must include

! Employee name

! Training date

! Description, copy, or location of training materials

! Name and address of the person providing the training

! Certification that the employee has been trained and tested

! Keep records for at least three years


How do we make this work in our current training programs?


How do we make this work in our current training programs?! 172.704(b) allows for other training (e.g. OSHA, EPA) to be utilized to

meet training requirements, rather than duplicating training




! Are there HMR training requirements that we have already met with other training or vice versa?





! Hazard Communication/Chemical Safety






! Emergency Response Training







! RCRA/Hazardous Waste Generator Training







! RCRA/Hazardous Waste Generator Training

! Homeland Security Training


A Training Matrix

Training TitleEmployees Needing

TrainingFrequency Comments

Chemical HandlingOperations,

Maintenance, Office/Admin

Annual Must cover OSHA, DOT, and EPA definitions

Shipping Papers/Manifesting

Operations, Office/Admin Annual Test Required

DOT General Awareness All employees Every 3

years Use Video, Test Required

Security All employees Every 3 years


Remember...


Remember...

! DOT gives you a lot of leeway in how you meet the training requirements


Remember...


! Be creative!


Remember...


! Be creative!

! Document everything!


Back to the beginning



! If your employees directly affect hazardous materials transportation safety then they need training




! At a minimum, training should include general awareness/familiarization, function specific training, safety, and security awareness training





! Training must include a test and be repeated every three years





! Training must include a test and be repeated every three years

! Break the training down into topics and perform a needs assessment to ensure that HMR training is integrated into your overall training program


Ron Gantt, CSP

Safety Compliance Management, Inc.

Questions?


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