US DOT Hazardous Material Rule (HMR) has two important defintions needed to determine if an organization needs to have DOT HazMat Training. First, determine if you are a HazMat Employer, then determine who are your HazMat Employees. Here is a simple definition, with examples and notes in red.
A HazMat Employer means:
A person (including a company, government agency, etc). that employs or uses at least one HazMat employee on a full time, part time, or temporary basis; or is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
- who transports hazardous material in commerce [ organizations that transport HazMat with their equipment – examples, trucking companies, railroad, airlines, companies that distribute products classified as hazardous material to their customers];
- causes hazardous material to be transported in commerce [organizations that ship HazMat using a second party]; or
- designs, manufactures, 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 [organizations that manufacture or remanufacture containers used for shipping HazMat]
If your organization falls into one of these categories, then you need to determine who within your organization is classified as a Hazmat employee. [Note – simply storing or using HazMat at your site does not necessarily make to you a HazMat Employer]
A Hazmat Employee means:
A person who is employed on a full-time, part time, or temporary basis by a hazmat employer and who directly affects hazardous materials transportation safety. This term includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or who is self-employed, who during the course of employment:
(i) Loads, unloads, or handles hazardous materials [ Note: if your employees load or unload HazMat, even from a second party truck, they are considered Hazmat employees] ;
(ii) Designs, manufactures, 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 [ applies to organizations that manufacture or repair containers used to ship HazMat].
(iii) Prepares hazardous materials for transportation [ includes employees who package, label and sign shipping papers for HazMat];
(iv) Is responsible for safety of transporting hazardous materials [ typically includes site safety manager or others designated as responsible for site safety];
(v) Operates a vehicle used to transport hazardous materials [ truck drivers, etc] .