DOT Clarifies HazMat Employer Definition

During a recent audit of a Department of Energy supplier, one of the lead auditors stated his belief that all vendors to a company manufacturing UN packaging were, in his opinion, hazmat employers. The significance of this statement links to the definition of a hazmat employer as defined in CFR 171.1 for Applicability of Hazardous Material Regulations to persons and functions. The definition of a hazmat employee includes, among various other possible functions, an individual who designs, manufacturers, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce. As a hazardous material employer, a company is subject to the requirements of CFR 172.700 for employee training, training record retention, and thus, possible fines for non-compliance with these requirements. Per the January 24th, 2013 Letter of Interpretation issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA), they do not agree with the opinion of the DOE auditor, and state that these suppliers are not subject to CFR 171.1, nor 172.700. PHMSA states that while reference is made to manufacturers of packaging components in the definition of a hazmat employee, the intent of their inclusion is not to cover producers of parts that may be sold by a manufacturer who is not aware that the purchasers’ intent is to utilize the component in a hazardous materials packaging. Click here to see the complete PHMSA response.