456
49 CFR Ch. I (10–1–23 Edition)
§ 172.700
facility operated by the consignor or
consignee or a facility (e.g., a carrier’s
terminal or a marine terminal) subject
to the provisions of § 172.602(c)(2), the
carrier shall—
(1) Mark the transport vehicle with
the telephone number of the motor car-
rier on the front exterior near the
brake hose and electrical connections
or on a label, tag, or sign attached to
the vehicle at the brake hose or elec-
trical connection; or
(2) Have the shipping paper and emer-
gency response information readily
available on the transport vehicle.
(c) The requirements specified in
paragraph (b) of this section do not
apply to an unattended motor vehicle
separated from its motive power when
the motor vehicle is marked on an or-
ange panel, a placard, or a plain white
square-on-point configuration with the
identification number of each haz-
ardous material loaded therein, and the
marking or placard is visible on the
outside of the motor vehicle.
[Amdt. 172–151, 62 FR 1234, Jan. 8, 1997, as
amended at 62 FR 39398, 39409, July 22, 1997;
63 FR 16076, Apr. 1, 1998]
Subpart H—Training
S
OURCE
: Amdt. 172–126, 57 FR 20952, May 15,
1992, unless otherwise noted.
§ 172.700
Purpose and scope.
(a)
Purpose.
This subpart prescribes
requirements for training hazmat em-
ployees.
(b)
Scope.
Training as used in this
subpart means a systematic program
that ensures a hazmat employee has fa-
miliarity with the general provisions of
this subchapter, is able to recognize
and identify hazardous materials, has
knowledge of specific requirements of
this subchapter applicable to functions
performed by the employee, and has
knowledge of emergency response in-
formation, self-protection measures
and accident prevention methods and
procedures (see § 172.704).
(c)
Modal-specific training require-
ments.
Additional training require-
ments for the individual modes of
transportation are prescribed in parts
174, 175, 176, and 177 of this subchapter.
§ 172.701
Federal-State relationship.
This subpart and the parts referenced
in § 172.700(c) prescribe minimum train-
ing requirements for the transpor-
tation of hazardous materials. For
motor vehicle drivers, however, a State
may impose more stringent training
requirements only if those require-
ments—
(a) Do not conflict with the training
requirements in this subpart and in
part 177 of this subchapter; and
(b) Apply only to drivers domiciled in
that State.
§ 172.702
Applicability and responsi-
bility for training and testing.
(a) A hazmat employer shall ensure
that each of its hazmat employees is
trained in accordance with the require-
ments prescribed in this subpart.
(b) Except as provided in
§ 172.704(c)(1), a hazmat employee who
performs any function subject to the
requirements of this subchapter may
not perform that function unless in-
structed in the requirements of this
subchapter that apply to that function.
It is the duty of each hazmat employer
to comply with the applicable require-
ments of this subchapter and to thor-
oughly 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 § 172.704.
[Amdt. 172–126, 57 FR 20952, May 15, 1992; 57
FR 22182, May 27, 1992, as amended by Amdt.
172–149, 61 FR 27173, May 30, 1996]
§ 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/famil-
iarization training designed to provide
familiarity with the requirements of
this subchapter, and to enable the em-
ployee to recognize and identify haz-
ardous materials consistent with the
hazard communication standards of
this subchapter.
457
Pipeline and Haz. Matls. Safety Admin., DOT
§ 172.704
(2)
Function-specific training.
(i) Each
hazmat employee must be provided
function-specific training concerning
requirements of this subchapter, or ex-
emptions or special permits issued
under subchapter A of this chapter,
that are specifically applicable to the
functions the employee performs.
(ii) As an alternative to function-spe-
cific training on the requirements of
this subchapter, training relating to
the requirements of the ICAO Tech-
nical Instructions and the IMDG Code
may be provided to the extent such
training addresses functions authorized
by subpart C of part 171 of this sub-
chapter.
(3)
Safety training.
Each hazmat em-
ployee shall receive safety training
concerning—
(i) Emergency response information
required by subpart G of part 172;
(ii) Measures to protect the employee
from the hazards associated with haz-
ardous materials to which they may be
exposed in the work place, including
specific measures the hazmat employer
has implemented to protect employees
from exposure; and
(iii) Methods and procedures for
avoiding accidents, such as the proper
procedures for handling packages con-
taining hazardous materials.
(4)
Security awareness training.
Each
hazmat employee must receive train-
ing that provides an awareness of secu-
rity risks associated with hazardous
materials transportation and methods
designed to enhance transportation se-
curity. This training must also include
a component covering how to recognize
and respond to possible security
threats. New hazmat employees must
receive the security awareness training
required by this paragraph within 90
days after employment.
(5)
In-depth security training.
Each
hazmat employee of a person required
to have a security plan in accordance
with subpart I of this part who handles
hazardous materials covered by the
plan, performs a regulated function re-
lated to the hazardous materials cov-
ered by the plan, or is responsible for
implementing the plan must be trained
concerning the security plan and its
implementation. Security training
must include company security objec-
tives, organizational security struc-
ture, specific security procedures, spe-
cific security duties and responsibil-
ities for each employee, and specific
actions to be taken by each employee
in the event of a security breach.
(b)
OSHA, EPA, and other training.
Training conducted by employers to
comply with the hazard communica-
tion programs required by the Occupa-
tional Safety and Health Administra-
tion of the Department of Labor (29
CFR 1910.120 or 1910.1200) or the Envi-
ronmental Protection Agency (40 CFR
311.1), or training conducted by em-
ployers to comply with security train-
ing programs required by other Federal
or international agencies, may be used
to satisfy the training requirements in
paragraph (a) of this section to the ex-
tent that such training addresses the
training components specified in para-
graph (a) of this section.
(c)
Initial and recurrent training
—(1)
Initial training.
A new hazmat em-
ployee, or a hazmat employee who
changes job functions may perform
those functions prior to the completion
of training provided—
(i) The employee performs those
functions under the direct supervision
of a properly trained and knowledge-
able hazmat employee; and
(ii) The training is completed within
90 days after employment or a change
in job function.
(2)
Recurrent training.
A hazmat em-
ployee must receive the training re-
quired by this subpart at least once
every three years. For in-depth secu-
rity training required under paragraph
(a)(5) of this section, a hazmat em-
ployee must be trained at least once
every three years or, if the security
plan for which training is required is
revised during the three-year recurrent
training cycle, within 90 days of imple-
mentation of the revised plan.
(3)
Relevant Training.
Relevant train-
ing received from a previous employer
or other source may be used to satisfy
the requirements of this subpart pro-
vided a current record of training is ob-
tained from hazmat employees’ pre-
vious employer.
(4)
Compliance.
Each hazmat em-
ployer is responsible for compliance
with the requirements of this sub-
chapter regardless of whether the
458
49 CFR Ch. I (10–1–23 Edition)
§ 172.800
training required by this subpart has
been completed.
(d)
Recordkeeping.
Each hazmat em-
ployer must create and retain a record
of current training of each hazmat em-
ployee, inclusive of the preceding three
years, in accordance with this section
for as long as that employee is em-
ployed by that employer as a hazmat
employee and for 90 days thereafter. A
hazmat employer must make a hazmat
employee’s record of current training
available upon request, at a reasonable
time and location, to an authorized of-
ficial of the Department of Transpor-
tation or of an entity explicitly grant-
ed authority to enforce the HMR. The
record must include:
(1) The hazmat employee’s name;
(2) The most recent training comple-
tion date of the hazmat employee’s
training;
(3) A description, copy, or the loca-
tion of the training materials used to
meet the requirements in paragraph (a)
of this section;
(4) The name and address of the per-
son providing the training; and
(5) Certification that the hazmat em-
ployee has been trained and tested, as
required by this subpart.
(e)
Limitations.
The following limita-
tions apply:
(1) A hazmat employee who repairs,
modifies, reconditions, or tests pack-
agings, 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
training requirement of paragraph
(a)(3) of this section.
(2) A railroad maintenance-of-way
employee or railroad signalman, who
does not perform any function subject
to the requirements of this subchapter,
is not subject to the training require-
ments of paragraphs (a)(2), (a)(4), or
(a)(5) of this section.
[Amdt. 172–126, 57 FR 20952, May 15, 1992, as
amended by Amdt. 172–126, 58 FR 5851, Jan.
22, 1993; Amdt. 172–145, 60 FR 49110, Sept. 21,
1995; Amdt. 172–149, 61 FR 27173, May 30, 1996;
65 FR 50460, Aug. 18, 2000; 68 FR 14521, Mar.
25, 2003; 70 FR 73164, Dec. 9, 2005; 73 FR 4716,
Jan. 28, 2008; 73 FR 57005, Oct. 1, 2008; 75 FR
10988, Mar. 9, 2010; 76 FR 56314, Sept. 13, 2011;
78 FR 15326, Mar. 11, 2013; 80 FR 72923, Nov.
23, 2015]
Subpart I—Safety and Security
Plans
S
OURCE
: 68 FR 14521, Mar. 25, 2003, unless
otherwise noted.
§ 172.800
Purpose and applicability.
(a)
Purpose.
This subpart prescribes
requirements for development and im-
plementation of plans to address secu-
rity risks related to the transportation
of hazardous materials in commerce.
(b)
Applicability.
Each person who of-
fers for transportation in commerce or
transports in commerce one or more of
the following hazardous materials
must develop and adhere to a transpor-
tation security plan for hazardous ma-
terials that conforms to the require-
ments of this subpart. As used in this
section, ‘‘large bulk quantity’’ refers to
a quantity greater than 3,000 kg (6,614
pounds) for solids or 3,000 liters (792
gallons) for liquids and gases in a sin-
gle packaging such as a cargo tank
motor vehicle, portable tank, tank car,
or other bulk container.
(1) Any quantity of a Division 1.1, 1.2,
or 1.3 material.
(2) A quantity of a Division 1.4, 1.5, or
1.6 material requiring placarding in ac-
cordance with subpart F of this part.
(3) A large bulk quantity of Division
2.1 material.
(4) A large bulk quantity of Division
2.2 material with a subsidiary hazard of
5.1.
(5) Any quantity of a material poi-
sonous by inhalation, as defined in
§ 171.8 of this subchapter.
(6) A large bulk quantity of a Class 3
material meeting the criteria for Pack-
ing Group I or II.
(7) A quantity of desensitized explo-
sives meeting the definition of Division
4.1 or Class 3 material requiring
placarding in accordance with subpart
F of this part.
(8) A large bulk quantity of a Divi-
sion 4.2 material meeting the criteria
for Packing Group I or II.
(9) A quantity of a Division 4.3 mate-
rial requiring placarding in accordance
with subpart F of this part.
(10) A large bulk quantity of a Divi-
sion 5.1 material in Packing Groups I
and II; perchlorates; or ammonium ni-
trate, ammonium nitrate fertilizers, or