U.S. DOT: Hazardous Material Training Compliance Now Required

Earlier this year, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued an enforcement waiver for the reoccurring hazardous material training that CDL drivers with hazardous material endorsements must undergo every three years.

PHMSA issued the enforcement waiver due to the forced closures and social distancing limitations imposed by the COVID-19 emergency. PHMSA first issued the training waiver on March 23, 2020 and subsequently extended it through October 31, 2020.

Last week, PHMSA issued another extension of the training enforcement waiver through December 31, 2020.

However, this most recent extension only applies to maritime haulers of hazardous materials.

Hazardous material training enforcement discretion for all other industries, including energy marketers, ended on October 31, 2020.

As a result, energy marketers who put off recurrent training during the waiver period are required to come into compliance immediately. Any hazardous material drivers or safety sensitive employees who missed recurrent HAZMAT training must now be trained.

As a reminder, the hazardous material training curriculum subject to the temporary enforcement waiver covered reoccurring training under 49 CFR 172.704 (c)(2). Reoccurring training includes:

— General Awareness/Familiarization Training

— Function Specific Training

— Safety Training

— Security Awareness Training

— In Depth Security Training

— OSHA and EPA Training

IMPORTANT! The federal hazardous materials training regulations do not require in person classroom instruction. Any method of training delivery, including web-based, self-paced computer instruction, remotely delivered classroom instruction, on the job training, or some combination of those methods that cover the required elements in 49 CFR 172 Subpart H are acceptable.

For additional information or questions, contact Mark S. Morgan, EMA Regulatory Counsel at 703-281-6600.

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