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By Michael Burdick
Questions about training requirements for shippers in the United States are common. They are also frequently misunderstood.
For companies offering, preparing or handling hazardous materials under Title 49 of the United States Code of Federal Regulations, known as 49 CFR, training is not simply an administrative requirement. It is a core compliance and safety obligation.
Over the next few editions, this series will examine the training requirements found in 49 CFR and what they mean for employers, employees and companies involved in hazardous materials transport.
Who Needs to Be Trained?
The first question for any company is straightforward: who needs training?
To answer that properly, employers must refer to several sections of 49 CFR. The starting point is 49 CFR 171.1(b), which addresses pre transportation functions.
Employers must identify all employees who need training to perform their assigned functions. This may include more people than expected.
For example, if a person fills a container with a regulated item, prepares a dangerous goods declaration, or performs any other regulated function, that person must be trained to perform that function correctly. Even if the employee performs no other hazardous materials function, the training requirement still applies to the function they do perform.
This is an area where compliance gaps often arise. As a regulator, I frequently found people performing hazardous materials functions without training, or with training that was inadequate for the function they were performing. That created enforcement exposure for the employer and, more importantly, compromised the safety of other employees, property and the transport system.
Understanding Hazmat Employee and Hazmat Employer
The definitions in 49 CFR 171.8 are critical.
Employers need to carefully review the definitions of “hazmat employee” and “hazmat employer” when deciding who performs hazardous materials functions and what training is required.
Those definitions are broad. They can capture a larger group of employees than many companies initially expect. This is why training assessments should not be limited only to people with dangerous goods or hazardous materials in their job title.
The focus should be on the function performed, not only the employee’s position title.
Subpart H: Training
The full United States training requirements are found in 49 CFR Subpart H, Training, beginning at 172.700.
Employers should read the full subpart carefully to ensure all requirements are met. Before the content of the training can be assessed, the employer must first identify which employees require training.
49 CFR 172.700 addresses the scope of the training. It states that a hazmat employee must have knowledge of the specific requirements of the subchapter that apply to the functions performed by that employee. The employee must also have knowledge of emergency response information, self protection measures, and accident prevention methods and procedures.
In practical terms, this means training must match the work the employee actually performs.
A generic training course may not be enough if it does not cover the functions assigned to that employee by the employer.
Employer Responsibility Cannot Be Transferred
49 CFR 172.702 sets out the employer’s responsibility to ensure that training and testing are conducted.
An employer may use an outside training company. However, using a third party provider does not transfer the employer’s regulatory responsibility.
The employer remains responsible for ensuring that each affected employee receives the training needed to perform their assigned hazardous materials functions. The outside training provider may deliver the course, but the employer must ensure the training is appropriate, complete and aligned with the employee’s actual duties.
This is an important point. If there are training violations, the employer will be held responsible, not the outside training company or third party provider.