New hazmat requirements take effect for U.S. drivers in Canada

Mike_MD · Nov 8, 2009

Hanadarko said: ↑

So if one already has a CDL w/Hazmat - where do we get this extra certificate and does anyone know if that can be done on-line? - I had always thought my license endorsement was enough - guess not.

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HM employers have always been required to provide additional HM training and document the training. The CDL is acceptible for portions of the HM training but not all of the HM training:

§ 172.704 Training requirements.

(a) Hazmat employee training must include the following:

(1) General awareness/familiarization training. Each hazmat employee shall be provided general awareness/familiarization training designed to provide familiarity with the requirements of this subchapter, and to enable the employee to recognize and identify hazardous materials consistent with the hazard communication standards of this subchapter.

(2) Function-specific training. (i) Each hazmat employee must be provided function-specific training concerning requirements of this subchapter, or exemptions or special permits issued under subchapter A of this chapter, that are specifically applicable to the functions the employee performs.
(ii) As an alternative to function-specific training on the requirements of this subchapter, training relating to the requirements of the ICAO Technical Instructions and the IMDG Code may be provided to the extent such training addresses functions authorized by subpart C of part 171 of this subchapter.

(3) Safety training. Each hazmat employee shall receive safety training concerning'
(i) Emergency response information required by subpart G of part 172;
(ii) Measures to protect the employee from the hazards associated with hazardous materials to which they may be exposed in the work place, including specific measures the hazmat employer has implemented to protect employees from exposure; and
(iii) Methods and procedures for avoiding accidents, such as the proper procedures for handling packages containing hazardous materials.

(4) Security awareness training. No later than the date of the first scheduled recurrent training after March 25, 2003, and in no case later than March 24, 2006, each hazmat employee must receive training that provides an awareness of security risks associated with hazardous materials transportation and methods designed to enhance transportation security. This training must also include a component covering how to recognize and respond to possible security threats. After March 25, 2003, new hazmat employees must receive the security awareness training required by this paragraph within 90 days after employment.

(5) In-depth security training. By December 22, 2003, each hazmat employee of a person required to have a security plan in accordance with subpart I of this part must be trained concerning the security plan and its implementation. Security training must include company security objectives, specific security procedures, employee responsibilities, actions to take in the event of a security breach, and the organizational security structure.

(b) OSHA, EPA, and other training. Training conducted by employers to comply with the hazard communication programs required by the Occupational Safety and Health Administration of the Department of Labor (29 CFR 1910.120 or 1910.1200) or the Environmental Protection Agency (40 CFR 311.1), or training conducted by employers to comply with security training programs required by other Federal or international agencies, may be used to satisfy the training requirements in paragraph (a) of this section to the extent that such training addresses the training components specified in paragraph (a) of this section.

(c) Initial and recurrent training '(1) Initial training. A new hazmat employee, or a hazmat employee who changes job functions may perform those functions prior to the completion of training provided'
(i) The employee performs those functions under the direct supervision of a properly trained and knowledgeable hazmat employee; and
(ii) The training is completed within 90 days after employment or a change in job function.

(2) Recurrent training. A hazmat employee shall receive the training required by this subpart at least once every three years.

(3) Relevant Training. Relevant training received from a previous employer or other source may be used to satisfy the requirements of this subpart provided a current record of training is obtained from hazmat employees' previous employer.

(4) Compliance. Each hazmat employer is responsible for compliance with the requirements of this subchapter regardless of whether the training required by this subpart has been completed.

(d) Recordkeeping. A record of current training, inclusive of the preceding three years, in accordance with this section shall be created and retained by each hazmat employer 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 in paragraph (a) of this section;

(4) The name and address of the person providing the training; and

(5) Certification that the hazmat employee has been trained and tested, as required by this subpart.

(e) Limitations. The following limitations apply:

(1) A hazmat employee who repairs, modifies, reconditions, or tests packagings, as qualified for use in the transportation of hazardous materials, and who does not perform any other function subject to the requirements of this subchapter, is not subject to the training requirement of paragraph (a)(3) of this section.

(2) A railroad maintenance-of-way employee or railroad signalman, who does not perform any function subject to the requirements of this subchapter, is not subject to the training requirements of paragraphs (a)(2), (a)(4), or (a)(5) of this section. Initial training for a railroad maintenance-of-way employee or railroad signalman in accordance with this section must be completed by October 1, 2006.

§ 177.800 Purpose and scope of this part and responsibility for compliance and training.

(a) Purpose and scope. This part prescribes requirements, in addition to those contained in parts 171, 172, 173, 178 and 180 of this subchapter, that are applicable to the acceptance and transportation of hazardous materials by private, common, or contract carriers by motor vehicle.

(b) Responsibility for compliance. Unless this subchapter specifically provides that another person shall perform a particular duty, each carrier, including a connecting carrier, shall perform the duties specified and comply with all applicable requirements in this part and shall ensure its hazmat employees receive training in relation thereto.

(c) Responsibility for training. A carrier may not transport a hazardous material by motor vehicle unless each of its hazmat employees involved in that transportation is trained as required by this part and subpart H of part 172 of this subchapter.

(d) No unnecessary delay in movement of shipments. All shipments of hazardous materials must be transported without unnecessary delay, from and including the time of commencement of the loading of the hazardous material until its final unloading at destination.

§ 177.816 Driver training.

(a) In addition to the training requirements of §177.800, no carrier may transport, or cause to be transported, a hazardous material unless each hazmat employee who will operate a 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. Driver training shall include the following subjects:

(1) Pre-trip safety inspection;

(2) Use of vehicle controls and equipment, including operation of emergency equipment;

(3) Operation of vehicle, including turning, backing, braking, parking, handling, and vehicle characteristics including those that affect vehicle stability, such as effects of braking and curves, effects of speed on vehicle control, dangers associated with maneuvering through curves, dangers associated with weather or road conditions that a driver may experience (e.g., blizzards, mountainous terrain, high winds), and high center of gravity;

(4) Procedures for maneuvering tunnels, bridges, and railroad crossings;

(5) Requirements pertaining to attendance of vehicles, parking, smoking, routing, and incident reporting; and

(6) Loading and unloading of materials, including'
(i) Compatibility and segregation of cargo in a mixed load;
(ii) Package handling methods; and
(iii) Load securement.

(b) Specialized requirements for cargo tanks and portable tanks. In addition to the training requirement of paragraph (a) of this section, each person who operates a cargo tank or a vehicle with a portable tank with a capacity of 1,000 gallons or more must receive training applicable to the requirements of this subchapter and have the appropriate State-issued commercial driver's license required by 49 CFR part 383. Specialized training shall include the following:

(1) Operation of emergency control features of the cargo tank or portable tank;

(2) Special vehicle handling characteristics, including: high center of gravity, fluid-load subject to surge, effects of fluid-load surge on braking, characteristic differences in stability among baffled, unbaffled, and multi-compartmented tanks; and effects of partial loads on vehicle stability;

(3) Loading and unloading procedures;

(4) The properties and hazards of the material transported; and

(5) Retest and inspection requirements for cargo tanks.

(c) The training required by paragraphs (a) and (b) of this section may be satisfied by compliance with the current requirements for a Commercial Driver's License (CDL) with a tank vehicle or hazardous materials endorsement.

(d) Training required by paragraph (b) of this section must conform to the requirements of §172.704 of this subchapter with respect to frequency and recordkeeping.
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Be safe.

Tazz · Nov 8, 2009

Glad they do not allow me to carry my side arm in CanadaKeeps me from having to tell people no I wont go there

dieselbear · Nov 11, 2009

This is B.S. Then we shall require the Canadians to carry and present their medical certificate at roadside like the U.S Driver's do. As it stands now, the Canadians have the medical card tied into their license but do not have to show it at roadside. I wouldn't carry haz-mat across the border. This is just another B.S. rule like the speed limiter in Ontario in my opinion.

jeepskate99 · Nov 11, 2009

dieselbear said: ↑

This is B.S. Then we shall require the Canadians to carry and present their medical certificate at roadside like the U.S Driver's do. As it stands now, the Canadians have the medical card tied into their license but do not have to show it at roadside. I wouldn't carry haz-mat across the border. This is just another B.S. rule like the speed limiter in Ontario in my opinion.
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I would agree, and the speed limiter does suck since I can now only do 65 in my truck, but jet fuel runs to Hamilton pay too good.

2hellandback · Nov 11, 2009

dieselbear said: ↑

This is B.S. Then we shall require the Canadians to carry and present their medical certificate at roadside like the U.S Driver's do. As it stands now, the Canadians have the medical card tied into their license but do not have to show it at roadside. I wouldn't carry haz-mat across the border. This is just another B.S. rule like the speed limiter in Ontario in my opinion.
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Damit dieselbear: i just might be starting to like you,,, hey now thats just not right!

Grouch · Nov 11, 2009

Damit dieselbear: i just might be starting to like you
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We have a romance beginning.

dieselbear · Nov 11, 2009

Easy boys! I have a reputation to uphold.

ann2009 · Nov 11, 2009

hmm maybe we should ask the same from them since they haul all their #### into michigan to dumpThank the govornor of michigan for that bright idea.

Mike_MD · Nov 11, 2009

ann2009 said: ↑

hmm maybe we should ask the same from them since they haul all their #### into michigan to dumpThank the govornor of michigan for that bright idea.
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We already do, there is no HM endorsement in Canada. Therefore, for a Canadian driver to transport HM in the US they must present a certificate of training showing they're qualified to transport HM.

A driver hauling a placarded load of Hazardous
Materials/Transportation of Dangerous Goods (TDG) and
does not have a CDL HM endorsement (US) or is not in possession

of TDG training certificate (Canada)?
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From an inspector's quiz at CVSA: http://www.cvsa.org/publications/guardian_3q04.pdf

As far as medical certs and CDLs goes...

(b)(7)(i) The medical examiner's certificate as required by §391.43(g) or a legible copy of the certificate.

(b)(7)(ii) Exception. For CDL drivers beginning January 30, 2012, if the CDLIS motor vehicle record contains medical certification status information, the motor carrier employer must meet this requirement by obtaining the CDLIS motor vehicle record defined at §384.105 of this chapter. That record must be obtained from the current licensing State and placed in the driver qualification file. After January 30, 2014, a non-excepted, interstate CDL driver without medical certification status information on the CDLIS motor vehicle record is designated ''not-certified'' to operate a CMV in interstate commerce. For up to 15 days from the date stamped on the receipt of the medical examiner's certificate, provided to the driver by the State driver licensing agency, a motor carrier may use that receipt as proof of the driver's medical certification.
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I've got a headache already trying to figure out how officers will figure this one out.

Be safe.

dieselbear · Nov 12, 2009

That looks like a pain.

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