
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
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).
-------------------------------------------------------------------------------
---------------------------------

    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.
