Last month, US DOT PHMSA published a letter of interpretation (LOI) in response to a stakeholder’s request for clarification about the definition “hazmat employee” in 49 CFR 171.8.
In the interpretation letter, PHMSA addresses four shipping-related job roles and explains which employees are considered a “hazmat employee” based on the regulatory definition.
Quick Quiz: Who Are the Hazmat Employees?
This short quiz presents you with each of the four job roles discussed in the letter of interpretation and asks you whether each one describes a “hazmat employee.” To refresh your memory about how the HMR defines "hazmat employee," scroll past the quiz.
Definition of Hazmat Employee in the HMR
Whether an employee is a “hazmat employee” is a crucial knowledge for shippers who want to comply with the Hazardous Materials Regulations (HMR). Every “hazmat employee” must complete training that satisfies specific criteria in 49 CFR 172.704. Hazmat employees must be re-trained at least every three years; the regulations refer to this as “recurrent” training.
In the United States, the Hazardous Materials Regulations (HMR) define a hazmat employee is any full-time, part-time, temporary, or self-employed employee who, in the course of their employment, directly affects hazardous materials transportation safety (See 49 CFR 171.8).
The regulations list a few examples of job roles that “hazmat employees” perform, including:
- Loading, unloading, or handling hazardous materials,
- Packaging hazardous materials for transportation,
- Transporting hazardous materials, or
- Operating a motor vehicle used to transport hazardous materials.
For more details about the definition of “hazmat employee” and about fifteen more examples of job roles covered by that definition, check out the Hazmat Training FAQ.
How PHMSA Interprets “Hazmat Employee”
Below are the four job roles a stakeholder presented to PHMSA, and PHMSA’s answers about which job roles fit the definition “hazmat employee” in the HMR. As you read these four job descriptions, think about which responsibilities would “directly affect” hazardous materials transportation safety.
You can read PHMSA's Letter of Interpretation for yourself here.
1. Equipment operators who control the flow valves on the facility’s bulk storage tanks while hazardous materials are unloaded from a cargo tank truck through a delivery hose.
Hazmat employee? PHMSA says:
The answer is yes. In the scenario you described, the facility equipment operators directly affect the transportation—which includes unloading from a bulk package—of the hazardous materials and are subject to the training requirements. Because the facility equipment operators are directly involved in managing the flow of hazardous materials for unloading while in the presence of carrier personnel, they are considered to be performing a function subject to the HMR.
2. Chemistry technicians who sample a hazardous material product (e.g., fuel) to ensure it meets specifications before to accepting a delivery.
Hazmat employee? PHMSA says:
The answer is no, if the sampling that is performed does not directly affect the transportation (including unloading from a bulk package) of the hazardous material.
3. Mechanics who remove a security shield that allows diesel fuel to be offloaded into an underground storage tank.
Hazmat employee? PHMSA says:
The answer is no. As provided in A2, if the removal of the shields by the mechanic does not directly affect the transportation of the hazardous material, a shield mechanic would not meet the definition of a hazmat employee.
4. Mechanics who offload hazardous materials from the transport vehicle in the presence of the carrier after the vehicle arrives on site.
Hazmat employee? PHMSA says:
The answer is yes. As provided in § 171.8, the term hazmat employee includes an individual who, during the course of employment, loads, unloads, handles hazardous materials, or operates a vehicle used to transport hazardous materials.
Source: PHMSA Letter of Interpretation (December 6, 2022)
Video: Who Needs Hazmat Training?
For more information about how to identify hazmat employees, check out the three-minute video below, Who Needs DOT Hazmat Training?
Atlanta/Nashville: January 2023 Hazmat Training
Keep your hazmat employee training certification up to date when Lion's Hazmat Ground Shipper Certification (DOT) workshop comes to Atlanta and Nashville this month.
Develop the expertise needed to classify and name hazardous materials, package hazmat, mark and label packages, fill out shipping papers, and comply with DOT reporting and recordkeeping mandates.
Hazmat Ground Shipper Certification (DOT) Workshop
| Atlanta |
January 12—13 |
| Nashville |
January 25—26 |
