49 U.S.C. § 5107 : US Code - Section 5107: Hazmat employee training requirements and grants

Search 49 U.S.C. § 5107 : US Code - Section 5107: Hazmat employee training requirements and grants

(a) Training Requirements. - The Secretary 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 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 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 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. -
(1) In general. - Subject to the availability of funds under
section 5128(c), the Secretary shall make grants under this
subsection -
(A) for training instructors to train hazmat employees; and
(B) to the extent determined appropriate by the Secretary,
for such instructors to train hazmat employees.
(2) Eligibility. - A grant under this subsection shall be made
to a nonprofit hazmat employee organization that demonstrates -
(A) expertise in conducting a training program for hazmat
employees; and
(B) the ability to reach and involve in a training program a
target population of hazmat employees.
(f) Training of Certain Employees. - The Secretary shall ensure
that maintenance-of-way employees and railroad signalmen receive
general awareness and familiarization training and safety training
pursuant to section 172.704 of title 49, Code of Federal
Regulations.
(g) Relationship to Other Laws. - (1) Chapter 35 of title 44 does
not apply to an activity of the Secretary under subsections (a)-(d)
of this section.
(2) An action of the Secretary under subsections (a)-(d) of this
section and section 5106 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.
(h) Existing Effort. - No grant under subsection (e) shall
supplant or replace existing employer-provided hazardous materials
training efforts or obligations.