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Interpretation Response #14-0151

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 10-30-2014
Company Name: REI    Individual Name: Mr. Terry Holland
Location state: PA    Country: US

View the Interpretation Document

Response text:

October 30, 2014

Terry Holland
Hazardous Materials Specialist
1400 Country Ridge Rd
Bedford, PA  15522

Ref. No.: 14-0151

Dear Mr. Holland:

This is in response to your e-mail dated August 4, 2014 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to training.  Specifically, you ask whether an employee moving pallets of hazardous materials from a shipping lane to a shrink wrapping area in the same facility is performing a pre-transportation function as defined by § 171.8, and therefore requires training as a hazmat employee in accordance with §172.704.  The wrapped pallets are later loaded on a transport vehicle by a different employee.

Based on the scenario you describe, the answer is no.  The term "pre-transportation function" as defined in 49 CFR 171.8 means “a function specified in the HMR that is required to assure the safe transportation of a hazardous material in commerce.”  Movement of hazardous materials packages within a contiguous facility boundary is typically not a function specified in the HMR.  The term "hazmat employee," as defined in § 171.8, includes all persons who in the course of employment perform functions that directly affect hazardous materials transportation safety.  This term does not apply to every employed person who works in or around an area where, for example, hazardous materials are loaded, unloaded, handled or stored.  The employee's functional relationship to hazardous materials transportation safety, rather than incidental contact with hazardous materials in the work place, is the primary factor in determining whether an individual is a "hazmat employee."  The training requirements specified in 49 CFR 172.700 through 172.704 apply to individuals who meet the definition of a hazmat employee.

I hope this satisfies your inquiry.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

171.8, 172.704, 172.700

Regulation Sections

Section Subject
§ 172.700 Purpose and scope