Who Needs Dangerous Goods Training
Confused by the multiple training mandates for air and vessel shipping? Wondering why people call them international rules when they seem to be required for some shipments within the United States? Below are answers to some of the most frequent questions we receive about Dangerous Goods (IATA/IMDG) Training Standards.
Who needs IATA and/or IMDG training?
The U.S. DOT requires training for all hazmat employees in the United States, regardless of the rules you are following to prepare hazardous materials for transportation. The U.S. DOT allows shippers to follow the IATA Dangerous Goods Regulations and/or the IMDG Code if part or all of the shipment is shipped by air or vessel (49 CFR 171.24 and 171.25). In addition to meeting the U.S. DOT training standard, hazmat employees must also be trained on the IATA and/or IMDG rules "to the extent such training addresses functions authorized by 49 CFR Part 171 Subpart C." Essentially, if U.S. shippers choose to ship under the international rules, you must be in compliance and trained on applicable sections of 49 CFR as well as the IATA DGR and/or IMDG Code.
IATA requires training for all persons who transport dangerous goods according to IATA DGR 1.5. The IATA training rules officially are recommendatory for all but aircraft operator employees. However, most air carriers require compliance with the IATA DGR as a condition of accepting your shipments.
The IMO requires training for all persons who transport dangerous goods according to IMDG Code 1.3. The IMDG training rules are recommendatory for shore-based personnel. However, vessel carriers often require compliance with them as a condition of them accepting your shipments.
How often is retraining required?
Under 49 CFR 172.704(c)(2), all hazmat employee training must be repeated in its entirety at least every three years. If rules or an employee’s responsibilities change during that three-year period, the employee's training must be updated. The three-year retraining deadline is a deadline. Anyone not retrained by the third anniversary of his or her previous training may not legally perform any hazmat employee functions.
IATA requires recurrent training within 24 months of the initial training (IATA 1.5.0.3). Although this deadline is not legally enforceable, some air carriers may refuse your shipments if you have not received training within the previous 24 months.
IMDG rules defer retraining frequency to “a timeframe deemed appropriate by a competent authority” (IMDG 1.3.1.4). Therefore, the three-year DOT deadline applies in the U.S.
What penalties might I face if I don’t have IATA or IMDG training?
Since the DOT is the enforcement authority in the United States, DOT penalties for violations apply. Civil penalties for violation of DOT regulations can be up to $55,000 per day, per incident. Criminal penalties can be as much as $250,000 per day, per incident, and five years in jail for individuals and $500,000 per day, per incident for organizations.
If I have IATA and/or IMDG training, do I still need to attend DOT (49 CFR) training?
Yes. If you are preparing hazardous materials for transportation according to the IATA or IMDG rules, there are still many DOT requirements in 49 CFR that your shipment must meet, as well as administrative and operational requirements that shippers must comply with, such as training and cargo security rules. At a minimum, you must be trained in these additional requirements.
The DOT allows hazardous materials to be shipped under IATA Dangerous Goods Regulations for any shipments traveling by air, provided the shipment complies with the additional DOT requirements (listed at 49 CFR 171.22, 171.23, and 171.24) and the shipper complies with all administrative rules in 49 CFR.
The DOT allows hazardous materials to be shipped under the IMDG Code for any shipments by vessel provided the shipment complies with the requirements (listed at 49 CFR 171.22, 171.23, 171.25) and the shipper complies with all administrative rules in 49 CFR.
Does IATA training need to be accredited or endorsed by IATA?
No. The IATA Dangerous Goods Regulations, Section 1.5, do not require that training be provided by an accredited or endorsed training provider. The IATA Accredited Training Provider program is a voluntary program. There are certain persons that may require training from IATA accredited providers (e.g., certain airline employees, IATA Accredited Cargo Agents). But unless you fall into one of the additionally regulated entities, dangerous goods training may be received from non-IATA accredited schools.
It is possible that the U.S. DOT Federal Aviation Administration may also have more specific requirements for training providers for aircraft operators, which are beyond the IATA Dangerous Goods Regulations or DOT hazardous materials regulations standard.
Who writes the IATA rules?
IATA (the International Air Transport Association) is actually just a trade association of air carriers. However, the IATA Dangerous Goods Regulations incorporate all of the ICAO Technical Instructions and add requirements deemed appropriate by air carriers. Most air carriers will not accept hazmat shipments that do not meet these additional restrictions. Therefore, for practical purposes, IATA rules are the ones that air shippers must comply with.
Who writes the IMDG Code?
The IMDG Code is produced by the International Maritime Organization (IMO), an agency of the United Nations charged with the responsibility to maintain the international rules for shipping dangerous goods by sea. The IMDG Code is based on the United Nations Committee of Experts recommendations. These are the official international rules for hazmat transportation by vessel. Compliance with the IMDG Code is mandated under international treaty.
What must be included in IATA or IMDG training records?
All training records must include the following DOT-mandated elements:
- The hazmat employee’s name;
- The most recent training completion date of the hazmat employee’s training;
- A description, copy, or the location of the training material;
- The name and address of the person providing the training; and
- Certification that the hazmat employee has been trained and tested, as required.
IATA training records must include the additional IATA-mandated elements:
- “a copy of the certification received when the individual was trained, which shows that a test has been completed satisfactorily.”
IMDG rules do not require any additional training records but do specify that training records should be “made available to the employee if requested.”
How long do I have to keep my IATA and IMDG training records?
Neither IMDG nor IATA specifies record retention. However, under DOT rules [49 CFR 172.704(d)] a hazmat employer must keep all current records for each hazmat employee until 90 days after the employment ends. This includes records of IATA or IMDG training, if required.
Who enforces IATA and IMDG training?
The DOT enforces all hazmat transportation training in the United States. Although air and vessel carriers require training on international rules, where applicable, the U.S. DOT requires training and training records only to comply with 49 CFR training rules. However, in order to do business with many air or vessel carriers, you must comply with any stricter standards in the IATA or IMDG rules. Therefore, it is advisable to make sure that your IATA and IMDG training records meet all applicable standards.
How can Lion help me comply with the IATA and IMDG training requirement?
Lion offers nation-wide workshops, live web seminars, and 24/7 online courses to help you learn the international standards and meet IATA and IMO training mandates. In addition to expert training and support, students can purchase copies of the most recent IATA DGR or the IMDG Code at cost directly from Lion.
Click on the links to learn more about these convenient training options: