§ 5107. — Hazmat employee training requirements and grants.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5107]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5107. Hazmat employee training requirements and grants
(a) Training Requirements.--The Secretary of Transportation shall
prescribe by regulation requirements for training that a hazmat employer
must give hazmat employees of the employer on the safe loading,
unloading, handling, storing, and transporting of hazardous material and
emergency preparedness for responding to an accident or incident
involving the transportation of hazardous material. The regulations--
(1) shall establish the date, as provided by subsection (b) of
this section, by which the training shall be completed; and
(2) may provide for different training for different classes or
categories of hazardous material and hazmat employees.
(b) Beginning and Completing Training.--A hazmat employer shall
begin the training of hazmat employees of the employer not later than 6
months after the Secretary of Transportation prescribes the regulations
under subsection (a) of this section. The training shall be completed
within a reasonable period of time after--
(1) 6 months after the regulations are prescribed; or
(2) the date on which an individual is to begin carrying out a
duty or power of a hazmat employee if the individual is employed as
a hazmat employee after the 6-month period.
(c) Certification of Training.--After completing the training, each
hazmat employer shall certify, with documentation the Secretary of
Transportation may require by regulation, that the hazmat employees of
the employer have received training and have been tested on appropriate
transportation areas of responsibility, including at least one of the
following:
(1) recognizing and understanding the Department of
Transportation hazardous material classification system.
(2) the use and limitations of the Department hazardous material
placarding, labeling, and marking systems.
(3) general handling procedures, loading and unloading
techniques, and strategies to reduce the probability of release or
damage during or incidental to transporting hazardous material.
(4) health, safety, and risk factors associated with hazardous
material and the transportation of hazardous material.
(5) appropriate emergency response and communication procedures
for dealing with an accident or incident involving hazardous
material transportation.
(6) the use of the Department Emergency Response Guidebook and
recognition of its limitations or the use of equivalent documents
and recognition of the limitations of those documents.
(7) applicable hazardous material transportation regulations.
(8) personal protection techniques.
(9) preparing a shipping document for transporting hazardous
material.
(d) Coordination of Training Requirements.--In consultation with the
Administrator of the Environmental Protection Agency and the Secretary
of Labor, the Secretary of Transportation shall ensure that the training
requirements prescribed under this section do not conflict with or
duplicate--
(1) the requirements of regulations the Secretary of Labor
prescribes related to hazard communication, and hazardous waste
operations, and emergency response that are contained in part 1910
of title 29, Code of Federal Regulations; and
(2) the regulations the Agency prescribes related to worker
protection standards for hazardous waste operations that are
contained in part 311 of title 40, Code of Federal Regulations.
(e) Training Grants.--The Secretary shall, subject to the
availability of funds under section 5127(c)(3), make grants for training
instructors to train hazmat employees under this section. A grant under
this subsection shall be made to a nonprofit hazmat employee
organization that demonstrates--
(1) expertise in conducting a training program for hazmat
employees; and
(2) the ability to reach and involve in a training program a
target population of hazmat employees.
(f) Relationship to Other Laws.--(1) Chapter 35 of title 44 does not
apply to an activity of the Secretary of Transportation under
subsections (a)-(d) of this section.
(2) An action of the Secretary of Transportation under subsections
(a)-(d) of this section and sections 5106, 5108(a)-(g)(1) and (h), and
5109 of this title is not an exercise, under section 4(b)(1) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of
statutory authority to prescribe or enforce standards or regulations
affecting occupational safety or health.
(g) Existing Effort.--No grant under subsection (e) shall supplant
or replace existing employer-provided hazardous materials training
efforts or obligations.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 763; Pub. L. 103-
311, title I, Secs. 106, 119(c)(1)-(3), Aug. 26, 1994, 108 Stat. 1674,
1680.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5107(a)............................... 49 App.:1805(b)(1), (2), (5) Jan. 3, 1975, Pub. L. 93-633, 88 Stat.
(1st sentence). 2156, Sec. 106(b); added Nov. 16,
1990, Pub. L. 101-615, Sec. 7(3), 104
Stat. 3253.
5107(b)............................... 49 App.:1805(b)(4), (5) (last
sentence).
5107(c)............................... 49 App.:1805(b)(6).
5107(d)............................... 49 App.:1805(b)(3) (1st
sentence).
5107(e)............................... 49 App.:1816(a)-(c). Jan. 3, 1975, Pub. L. 93-633, 88 Stat.
2156, Sec. 118(a)-(c); added Nov. 16,
1990, Pub. L. 101-615, Sec. 18, 104
Stat. 3269.
5107(f)(1)............................ 49 App.:1805(b)(7).
5107(f)(2)............................ 49 App.:1805(b)(3) (last
sentence).
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In subsections (a)(1) and (b), before clause (1), the words ``in
order to comply with requirements established by such regulations'' are
omitted as surplus.
In subsection (a), before clause (1), the words ``Within 18 months
after November 16, 1990'' are omitted as obsolete. In clause (1), the
words ``as provided by subsection (b) of this section'' are added for
clarity.
In subsection (b), before clause (1), the words ``in accordance with
the requirements established by such regulations'' are omitted as
surplus.
In subsection (c), before clause (1), the words ``in accordance with
the requirements established under this subsection'' and ``appropriate''
before ``documentation'' are omitted as surplus.
In subsection (d), before clause (1), the words ``take such actions
as may be necessary to'' are omitted as surplus. In clauses (1) and (2),
the words ``(and amendments thereto)'' are omitted as surplus. In clause
(1), the words ``Secretary of Labor'' are substituted for ``Occupational
Safety and Health Administration of the Department of Labor'' because of
29:551.
In subsection (e), the words ``and education'' are omitted as being
included in ``training''. Before clause (1), the words ``regarding the
safe loading, unloading, handling, storage, and transportation of
hazardous materials and emergency preparedness for responding to
accidents or incidents involving the transportation of hazardous
materials in order to meet the requirements issued under section 1816(b)
of this title may be made under this section'' are omitted as surplus.
In subsection (f)(1), the words ``(relating to coordination of
Federal information policy)'' are omitted as surplus.
Amendments
1994--Subsec. (d). Pub. L. 103-311, Sec. 106, in introductory
provisions inserted ``or duplicate'' after ``conflict with'' and in par.
(1) substituted ``hazard communication, and hazardous waste operations,
and'' for ``hazardous waste operations and''.
Subsec. (e). Pub. L. 103-311, Sec. 119(c)(1), (2), in first sentence
substituted ``The Secretary shall, subject to the availability of funds
under section 5127(c)(3), make grants for training instructors to train
hazmat employees under this section.'' for ``In consultation with the
Secretaries of Transportation and Labor and the Administrator, the
Director of the National Institute of Environmental Health Sciences may
make grants to train hazmat employees under this section.'' and in
second sentence inserted ``hazmat employee'' after ``nonprofit''.
Subsec. (g). Pub. L. 103-311, Sec. 119(c)(3), added subsec. (g).
Section Referred to in Other Sections
This section is referred to in section 5127 of this title; title 8
section 1288.
