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F M C S A Federal Motor Carrier Safety Administration

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Title: F M C S A Federal Motor Carrier Safety Administration


1
F M C S A Federal Motor Carrier Safety
Administration

2
United States Department Of Transportation
(USDOT) Agencies
Office of the Secretary Of Transportation
(OST) Federal Motor Carrier Safety
Administration (FMCSA) Federal Aviation
Administration (FAA) National Highway Traffic
Safety Administration (NHTSA) Maritime
Administration (MARAD) Surface Transportation
Board (STB) Federal Railroad Administration
(FRA) Saint Lawrence Seaway Development
Corporation (SLSDC) Office of the Inspector
General (OIG) Research and Innovative Technology
Administration (RITA) Federal Highway
Administration (FHWA) Federal Transit
Administration (FTA) Pipeline and Hazardous
Materials Safety Administration (PHMSA)
3
Federal Motor Carrier Safety Administration
Mission Our primary mission is to reduce
crashes, injuries, and fatalities involving large
trucks and buses.
  • Roadside Inspections
  • Safety Audits
  • Compliance Reviews
  • Education Outreach

4
HM TRAINING
  • Applicability
  • Definitions
  • Training Requirements
  • Recordkeeping Requirements

5
172.702 Applicability and responsibility for
training and testing.
  • (a) A hazmat employer shall ensure that each of
    its hazmat employees is trained in accordance
    with the requirements prescribed in this subpart.
  • (b) Except as provided in 172.704(c)(1), a
    hazmat employee who performs any function subject
    to the requirements of this subchapter may not
    perform that function unless instructed in the
    requirements of this subchapter that apply to
    that function. It is the duty of each hazmat
    employer to comply with the applicable
    requirements of this subchapter and to thoroughly
    instruct each hazmat employee in relation
    thereto.
  • (c) Training may be provided by the hazmat
    employer or other public or private sources.
  • (d) A hazmat employer shall ensure that each of
    its hazmat employees is tested by appropriate
    means on the training subjects covered in
    172.704.

6
HAZMAT DEFINITIONS
  • HAZMAT EMPLOYEE
  • A person who is employed by a hazmat employer and
    who in the course of employment directly affects
    hazardous materials transportation safety. This
    term includes an owner-operator of a motor
    vehicle which transports a hazardous material in
    commerce. This term includes an individual,
    including a self-employed individual, employed by
    a hazmat employer who, in the course of
    employment (1) Loads, unloads, or handles
    hazardous materials (2) Manufactures, tests,
    reconditions, or repairs, modifies, marks, or
    otherwise represents containers, drums, or
    packages as qualified for use in the
    transportation of hazardous materials (3)
    Prepares hazardous materials for transportation
    (4) Is responsible for safety of transporting
    hazardous materials or (5) Operates a vehicle
    used to transport hazardous materials.

7
HAZMAT DEFINITIONS
  • HAZMAT EMPLOYER
  • A person who uses one or more of its employees in
    connection with transporting hazardous materials
    in commerce causing hazardous materials to be
    transported or shipped in commerce or
    representing, marking, certifying, selling,
    offering, manufacturing, reconditioning, testing,
    repairing or modifying containers, drums, or
    packaging as qualified in the transportation of
    hazardous materials. This term includes an
    owner-operator of a motor vehicle which
    transports hazardous materials in commerce. This
    term includes any department, agency, or
    instrumentality of the United States, a State, a
    political subdivision of a State, or an Indian
    tribe described in the first sentence of this
    definition

8
HAZMAT DEFINITIONS
  • OFFEROR
  • The term offeror means any person who performs,
    or is responsible for performing, any of the
    pre-transportation functions required under the
    HMR for transportation of a hazardous material
    tenders or makes a hazardous material available
    to a carrier for transportation in commerce or
    both performs, or is responsible for performing,
    pre-transportation functions and tenders or makes
    a hazardous material available to a carrier for
    transportation

9
HAZMAT DEFINITIONS
  • Pre-Transportation Function means a function
    specified in the HMR that required to assure the
    safe operation of a HM in commerce including-
  • 1) Determining the hazard class of a hazardous
    material.
  • 2) Selecting a hazardous materials packaging.
  • 3) Filing a hazardous materials packaging,
    including a bulk packaging.
  • 4) Transloading a hazardous material at an
    intermodal transfer facility from one bulk
    packaging to another bulk packaging for purposes
    of continuing the movement of the hazardous
    material in commerce.
  • 5) Securing a closure on a filled or partially
    filled HM package or container or on a package or
    container containing a residue of a HM.
  • 6) Marking a package to indicate that it
    contains a hazardous material. (ID Numbers)

10
HAZMAT DEFINITIONS
  • 7) Labeling a package to indicate that it
    contains a hazardous material.
  • 8) Preparing a shipping paper.
  • 9) Providing and maintaining emergency response
    information.
  • 10) Reviewing a shipping paper to verify
    compliance with the HMR or international
    equivalents.
  • 11) For each person importing a hazardous
    material into the United States, providing the
    shipper with timely and complete information as
    to the HMR requirements that will apply to the
    transportation of the material within the United
    States.
  • 12) Certifying that a hazardous material is in
    proper condition for transportation in
    conformance with the requirements of the HMR.
  • 13) Loading, blocking, and bracing a hazardous
    materials package in a freight container or
    transport vehicle.
  • 14) Segregating a hazardous materials package in
    a freight container or transport vehicle from
    incompatible cargo.
  • 15) Selecting, proving, or affixing placards for
    a freight container or transport vehicle to
    indicate that it contains a hazardous material.

11
HAZARDOUS MATERIALS Training Requirements

12
HAZARDOUS MATERIALS Training Requirements
  • 49 CFR Part 172.704
  • a)(1) General awareness/familiarization training
  • (a)(2) Function-specific training
  • (a)(3) Safety training
  • (a)(4) Security awareness training.
  • (a)(5) In-depth security training.
  • Driver Training 177.816

13
General awareness and familiarization training
  • is intended to raise the hazmat employees'
    awareness of the HMR and the purpose and meaning
    of the hazard communication requirements.
  • All hazmat employees must have this training.

14
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15
Function-specific training
  • is intended to teach the necessary knowledge,
    skills and abilities for an individual's job
    function.

16
Safety training
  • provides information concerning the hazards posed
    by materials in the workplace and personal
    protection measures.

17
Security Training
  • Each hazmat employee must receive security
    awareness training. This training must include an
    awareness of security risks associated with
    hazardous materials transportation and methods
    designed to enhance transportation security.
  • New hazmat employees must receive this training
    within 90 days of employment.

18
In-depth security training
  • In addition to security awareness training,
    hazmat employees of employers that are required
    to have a security plan must receive in-depth
    security training on the security plan and its
    implementation.

19
Driver training
  • no carrier may transport, or cause to be
    transported, a hazardous material unless each
    hazmat employee who will operate a commercial
    motor vehicle has been trained in the applicable
    requirements of 49 CFR parts 390 through 397 and
    the procedures necessary for the safe operation
    of that motor vehicle.

20
The USDOT does not certify training courses,
instructors and/or schools.
  • It is the hazmat employer's responsibility to
    determine the adequacy of the training being
    presented. Training may be in any appropriate
    format including lecture, conference, self paced
    instruction, interactive video, etc.

21
INITIAL TRAINING
  • A new hazmat employee who changes job
    functions may perform those functions prior to
    completion of training, provided the employee
    performs those functions under the direct
    supervision of a properly trained and
    knowledgeable hazmat employee and the training
    is completed within 90 days after employment or
    job function.

22
RECURRENT TRAINING
  • Employees must receive the required training
    every three years or any time there is a change
    in job function.

23
RECORDKEEPING REQUIREMENTS
  • A record of current training, inclusive of the
    preceding three years, in accordance with this
    subpart, shall be created and retained by each
    hazmat employer for each hazmat employee for as
    long as that employee is employed by that
    employer as a hazmat employee and for 90 days
    thereafter. The record shall include (1) The
    hazmat employee's name (2) The most recent
    training completion date of the hazmat employee's
    training (3) A description, copy or the location
    of the training materials used to meet the
    requirements (4) The name and address of the
    person providing training and (5) Certification
    that the hazmat employee has been trained and
    tested as required by this subpart.

24
Subpart I-Security Plans
  • 172.800 Purpose and applicability.
  • Purpose. This subpart prescribes requirements for
    development and implementation of
    plans to address security
  • risks related to the transportation of
    hazardous materials in commerce.
  • Applicability. By September 25, 2003, each person
    who offers for transportation in commerce or
    transports in commerce one or more of the
    following hazardous materials must develop and
    adhere to a security plan for hazardous materials
    that conforms to the requirements of this
    subpart
  • (b)(1) A highway route-controlled quantity
    of a Class 7 (radioactive) material, as defined
    in 173.403 of this subchapter, in a motor
    vehicle, rail car, or freight container
  • (b)(2) More than 25 kg (55 pounds) of a
    Division 1.1, 1.2, or 1.3 (explosive) material in
    a motor vehicle, rail car, or freight container
  • (b)(3) More than one L (1.06 qt) per package
    of a material poisonous by inhalation, as defined
    in 171.8 of this subchapter, that meets the
    criteria for Hazard Zone A, as specified in
    173.116(a) or 173.133(a) of this subchapter
  • (b)(4) A shipment of a quantity of hazardous
    materials in a bulk packaging having a capacity
    equal to or greater than 13,248 L (3,500 gallons)
    for liquids or gases or more than 13.24 cubic
    meters (468 cubic feet) for solids
  • (b)(5) A shipment in other than a bulk
    packaging of 2,268 kg (5,000 pounds) gross weight
    or more of one class of hazardous materials for
    which placarding of a vehicle, rail car, or
    freight container is required for that class
    under the provisions of subpart F of this part

25
172.802 Components of a security plan
  • The security plan must include an
    assessment of possible transportation security
    risks for shipments of the hazardous materials
    listed in 172.800 and appropriate measures to
    address the assessed risks. Specific measures put
    into place by the plan may vary commensurate with
    the level of threat at a particular time. At a
    minimum, a security plan must include the
    following elements
  • (a)(1) Personnel security. Measures to confirm
    information provided by job applicants hired for
    positions that involve access to and handling of
    the hazardous materials covered by the security
    plan. Such confirmation system must be consistent
    with applicable Federal and State laws and
    requirements concerning employment practices and
    individual privacy.
  • (a)(2) Unauthorized access. Measures to address
    the assessed risk that unauthorized persons may
    gain access to the hazardous materials covered by
    the security plan or transport conveyances being
    prepared for transportation of the hazardous
    materials covered by the security plan.
  • (a)(3) En route security. Measures to address the
    assessed security risks of shipments of hazardous
    materials covered by the security plan en route
    from origin to destination, including shipments
    stored incidental to movement.
  • (b) The security plan must be in writing and must
    be retained for as long as it remains in effect.
    Copies of the security plan, or portions thereof,
    must be available to the employees who are
    responsible for implementing it, consistent with
    personnel security clearance or background
    investigation restrictions and a demonstrated
    need to know. The security plan must be revised
    and updated as necessary to reflect changing
    circumstances. When the security plan is updated
    or revised, all copies of the plan must be
    maintained as of the date of the most recent
    revision.68 FR 14521, Mar 25, 2003 

26
Helpful Websites
27
  • Pagina de FMCSA (Ingles)
  • http//www.fmcsa.dot.gov
  • Pagina de FMCSA (español)
  • http//www.fmcsa.dot.gov/español/index.htm

28
  • Paginas de Materiales Peligrosos
  • http//www.phmsa.dot.gov
  • http//hazmat.dot.gov
  • http//www.fmcsa.dot.gov/rules-regulations/topics/
    hazmat/hm-theme.htm
  • Registrar para Materiales Peligroso
  • https//hazmatonline.phmsa.dot.gov/services
  • Publicaciones sin costo sobre Materiales
    Peligroso
  • https//hazmatonline.phmsa.dot.gov/services/Pub_Fr
    ee.aspx

29
  • Guía para empezar un plan de seguridad.
  • (Versión Ingles solamente)
  • http//www.fmcsa.dot.gov/safety-security/hazmat/se
    curity-plan-guide.htm
  • Hazmat talking points for Security Sensitive
    Visit (SSV)
  • Ingles http//www.fmcsa.dot.gov/english/SSV_Talk_
    Pts_Update.htm
  • Españolhttp//www.fmcsa.dot.gov/español/SSV_Talk_
    Pts_Update.htm

30
F M C S A
Federal Motor Carrier Safety
Administration
Federal Motor Carrier Safety Administration 5810
San Bernardo Suite 290 Laredo, TX 78041 Ph
(956) 712-1385 Fax (956) 723-1479
31
  • Questions ?
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