April 09, 2024
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) published in the March 13th Federal Register a set of frequently answered questions (“FAQs”) addressing training requirements. See 89 Fed. Reg. 18479.
PHMSA had previously announced an initiative to convert historical letters of interpretation applicable to its Hazardous Materials Regulations (“HMR”) into broadly applicable FAQs. See 87 Fed. Reg. 16308 (Mar. 2022).
The stated purpose of the FAQs is to facilitate better public understanding and awareness of the HMR.
PHMSA has emphasized that it believes the FAQs:
- Are not substantive rules.
- Do not create legally enforceable rights, assign duties, or impose new obligations not otherwise contained in the existing regulations.
The questions addressed (and answered) in this third set of FAQs include:
- What are the hazardous materials training requirements?
- What is required as part of a complete hazmat training program?
- Who is considered a ‘‘hazmat employee?’’
- Who is considered a ‘‘hazmat employer?’’
- Do the HMR allow a hazmat employee to self-train?
- What training materials and resources are available from PHMSA?
- Is a hazmat trainer required to have a certification or minimum level of training?
- What documentation or recordkeeping is required for hazardous materials training?
- Is testing of hazmat employees—for example, a test or exam—required as part of a training program?
- May an employee successfully take a test and have the hazmat training or recurrent training requirement waived?
- How often must a hazmat employee be trained?
- If an employee’s job function changes, and new hazmat functions are performed or PHMSA regulations are amended, is further training required?
- How does a hazmat employer determine what function-specific training is required under § 172.704?
- Is online, computer-based, and virtual training authorized under the HMR?
- Can previously completed Occupational Safety and Health Administration (OSHA), U.S. Environmental Protection Agency (EPA), or other required safety training substitute for hazmat training?
- What are the penalties for violation of the requirements of the HMR, such as training?
- Who is responsible for the required hazmat training of a subcontractor’s employees?
- 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?
- 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?
A copy of the Federal Register Notice can be downloaded here.
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