A Dangerous Goods employer is a person who uses one or more employees in connection with:
The term “Dangerous Goods Employer” also includes any department, agency, or instrumentality of the United States, a State, a political subdivision of a State, or Native American Indian tribe engaged in offering or transporting Dangerous Goods in commerce.
This term includes an owner-operator of a motor vehicle which transports Dangerous Goods in commerce.
A Dangerous Goods employee is a person who is employed by a Dangerous Goods employer and who directly affects Dangerous Goods transportation safety including:
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The HMR mandates training requirements for persons who prepare dangerous goods for shipment or who transport dangerous goods in commerce. The intent of the regulations is to ensure that each dangerous goods employee is familiar with the HMR, is able to recognize and identify dangerous goods, understands the specific HMR requirements applicable to the functions he or she performs, and is knowledgeable about emergency response, self-protection measures, and accident prevention methods.
The regulations are performance-based to provide a baseline set of training requirements while acknowledging the need for flexibility due to the diversity of the dangerous goods workforce.
Training requirements are located in Subpart H of Part 172 of the HMR. The training requirements apply to dangerous goods employers and dangerous goods employees as defined in 171.8.
The HMR requires all dangerous goods employees to be trained including dangerous goods employers with direct supervision of dangerous goods transportation functions.
There are five types of training required:
The dangerous goods employer is responsible for maintaining training records for each dangerous goods employee. These records must be kept for the duration of the three-year training cycle while the dangerous goods employee is employed and for 90 days after the employee leaves employment. Training records must be made available by the employer for audit and review by regulatory authorities upon request.
Training records must include the following:
Certification that the dangerous goods employee has been trained and tested shall be made by the dangerous goods employer or a designated representative.