regulatory training: who needs it and how much?
TRANSCRIPT
Training: Who needs it?
And how much?DOT Hazardous Materials and IATA
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Sasha Laferte
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A Few Logistical Items
Meet Your Presenter
Doug Graham, CHMM
Sr. EH&S Consultant & External Training Manager
22 Years training hazardous materials shippers
OBJECTIVE
Learn who needs DOT Hazardous Materials and IATA
training and how much.
Transporting Hazardous Materials: DOT & IATA
Who needs it?
How much do they need?
Potential consequences of falling short
DOT TrainingU.S. Department of Transportation Hazardous Materials
Regulations (49 CFR 100-185) Training
Basic OverviewRequired every 3 years
5 training elements
Applicable to “hazmat employees”
Non-prescriptive
Training Requirements49 CFR 172.704
Required Elements:172.704(a)(1): General Awareness172.704(a)(2): Function-Specific172.704(a)(3): Safety172.704(a)(4): Security Awareness172.704(a)(5): In-Depth Security
Applicable to “hazmat employees” as defined in 49 CFR 171.8 (those who affect hazmat transportation safety)
Applicable to “hazmat employees” as defined in 49 CFR 171.8 (those who affect hazmat transportation safety)
Training Requirements49 CFR 172.704
Required Elements:172.704(a)(1): General Awareness172.704(a)(2): Function-Specific172.704(a)(3): Safety172.704(a)(4): Security Awareness172.704(a)(5): In-Depth Security
Consists of an overview of those regulatory topics which do not directly affect the employee’s hazmat-
related tasks. The training can be shorter and in less detail, but cannot be skipped.
172.704(a)(1): General Awareness
Applicable to “hazmat employees” as defined in 49 CFR 171.8 (those who affect hazmat transportation safety)
Training Requirements49 CFR 172.704
Required Elements:172.704(a)(1): General Awareness172.704(a)(2): Function-Specific172.704(a)(3): Safety172.704(a)(4): Security Awareness172.704(a)(5): In-Depth Security
172.704(a)(2): Function-Specific
Training in regulatory topics that directly affect the employee’s job functions- must be in sufficient detail and length to cover the topic thoroughly.
Applicable to “hazmat employees” as defined in 49 CFR 171.8 (those who affect hazmat transportation safety)
Training Requirements49 CFR 172.704
Required Elements:172.704(a)(1): General Awareness172.704(a)(2): Function-Specific172.704(a)(3): Safety172.704(a)(4): Security Awareness172.704(a)(5): In-Depth Security
172.704(a)(3): Safety
DOT does not mandate any additional training under this paragraph, but does require that hazmat
employees be trained in related safety requirements, mentioning specifically OSHA’s Hazard
Communication and HAZWOPER standards.
Applicable to “hazmat employees” as defined in 49 CFR 171.8 (those who affect hazmat transportation safety)
Training Requirements49 CFR 172.704
Required Elements:172.704(a)(1): General Awareness172.704(a)(2): Function-Specific172.704(a)(3): Safety172.704(a)(4): Security Awareness172.704(a)(5): In-Depth Security172.704(a)(4): Security Awareness
All hazmat employees must receive an overview of the role that hazardous materials have played, and
may continue to play, in terrorist activities and to safeguard against illicit use of such materials and
address potential security risks
Applicable to “hazmat employees” as defined in 49 CFR 171.8 (those who affect hazmat transportation safety)
Training Requirements49 CFR 172.704
Required Elements:172.704(a)(1): General Awareness172.704(a)(2): Function-Specific172.704(a)(3): Safety172.704(a)(4): Security Awareness172.704(a)(5): In-Depth Security172.704(a)(5): In-Depth Security
In accordance with 49 CFR 172.800-822, certain shippers and carriers must develop and implement
site-specific written security plans. Those employees who have roles and responsibilities under the plan must receive training in the specifics of the plan.
Training Requirements49 CFR 172.704
• Training is required every 36 months for all hazmat employees.
• Records must be maintained for the duration of employed, plus an additional 90 days.
• New employees must be trained within 90 days.
• Records must include certification that the employee was trained and tested.
Who are the Hazmat Employees?
• Only hazardous waste manifest signers and shipping departments really need DOT Hazardous Materials training
Common Misconception
• There are many types of employees involved who perform pre-transport functions related to hazmat shipments. A common problem amongst employers is having unidentified, untrained hazmat employees acting independently.
Reality (all “hazmat employees”)
Hazmat Employees(other than hazardous waste manifest signers)
Shipping/Receiving
• Hazardous products, articles and chemicals (sending/receiving and potentially returning)
IT • Lithium batteries
Lab Personnel• Potentially infectious biological materials, dry ice,
formaldehyde
Researchers • Genetically modified microorganisms, new compounds
Healthcare • Patient specimens
EVS/Housekeeping
• Regulated medical waste
Other• Purchase or reuse UN-spec packagings• Self-transport
How Much Do They Need?
• Length and curriculum of training not specified.
• How many hours devoted to DOT training is up to the employer and should depend on the employees’ specific job function.
How Much Do They Need?Depending upon job function, some employees may require supplemental “function-specific” training beyond a basic course, including those involved in:
• Shipping radioactives• Shipping by air (IATA)• Using special permits• Having an active role in a security
plan
How Much Do They Need?Although not specifically required following a comprehensive basic training, some employees may find that specific supplemental training in a particular topic to be helpful, for example:
• Shipping lithium batteries• Shipping infectious
substances
Potential Consequences of Falling Short
Incidents affecting public safety and/or the
environment
Rejected shipments
Civil penalties up to $75,000 per violation
IATA Training International Air Transport Association Dangerous
Goods Regulations
Basic OverviewPurpose was to create uniformity among airlines and comply with international air regulations (ICAO)
Required every 3 years (not 2)
DOT is a pre-requisite
DOT allows the use of IATA regs and most are enforceable by DOT (through the FAA)
Who Needs It?Common Misconception
• Only those involved in shipping hazardous materials internationally by air require IATA training
Reality
• All employees involved in preparing and shipping hazardous materials internationally and domestically by FedEx Express, commercial passenger airlines or UPS (international only) require IATA and DOT training
IT • Packaging and shipping lithium
batteries
Lab Personnel• Preparing shipments containing dry
ice
Researchers• Offering shipments of articles and
devices, and new compounds
Employees commonly overlooked:
Who Needs It?
How Much Do They Need?• IATA training is considered a function-specific element
of DOT training and is therefore also required every 3 years
• Like the DOT regulations, hazmat employees need training in the level of detail commensurate with the tasks they perform
See USDOT letter of interpretation #09-0240, dated July 2, 2010.
Applicable to “hazmat employees” as defined in 49 CFR 171.8 (those who affect hazmat transportation safety)
Training Requirements49 CFR 172.704
Required Elements:172.704(a)(1): General Awareness172.704(a)(2): Function-Specific172.704(a)(3): Safety172.704(a)(4): Security Awareness172.704(a)(5): In-Depth Security
172.704(a)(2): Function-Specific
IATA training falls under the function-specific DOT training paragraph.
IATA Training Sec. 1.5 is not enforceable unless the provision is also required under 49 CFR 172.700-704
How Much Do They Need?Depending on job function, some employees may require supplemental training, including:
• Shipping radioactives• Shipping lithium
batteries• Shipping infectious
substances
Potential Consequences of Falling Short
• Incidents affecting public safety and/or the environment• Rejected shipments (very common)• Civil penalties up to $75,000 per violation (issued by the
Federal Aviation Administration (FAA))• Follow-up FAA inspections
Additionally, it is very common for FAA to perform routine and random inspections of shippers who complete Dangerous Goods Declaration forms.
ConclusionIt’s up to the employer to make
sure all hazmat employees are trained appropriately.
Other Training RequirementsOther training requirements typical for EH&S professionals include:
• Emergency Response (HAZWOPER)
• Hazardous Waste Management (RCRA)
15 Separate OSHA Standards, including• Hazardous Chemicals in Laboratories• Control of Hazardous Energy (Lockout-Tagout)• Confined Spaces• Bloodborne Pathogens• Electrical Safety• Hazard Communication• Access to Exposure and Medical Records• Cranes• Powered Industrial Trucks• Portable Fire Extinguishers• Employee Emergency Plans• First Aid
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