Not having a training program in place can be both dangerous and expensive. It is time to be pro-active and get your training program in place.
By Michael Bryant
As if life were not complicated enough with having to keep track of all the government standards, the training requirements for hazmat waste haulers are regulated simultaneously by three different agencies: your friends at the EPA, those at OSHA, and their counterparts at the federal DOT. There is also the FMSCA and the TSA (see Ever Hear of the FMSCA and TSA Background Requirements sidebars).
Ever Hear of the FMSCA?
In order to become certified as a hazmat hauler, besides OSHA, the EPA and the DOT, you also need to pay attention to something called the Federal Motor Carrier Safety Administration (FMSCA). They also get involved with regulating and registering persons involved with the transportation of hazardous materials.
A visit to the FMSCA website (www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations) informs: “No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with subpart G of Part 107 of [Chapter (49 CFR 171.2(a)]…and the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized…”
TSA Background Check Requirements
The federal Transportation Safety Administration (TSA) must conduct a background check as part of the hazmat-hauler application process, which takes up to 60 days to complete.
A Little Bit of History
By way of review, the EPA is an independent agency of the federal government. It was proposed and established 50 years ago by the executive order of Richard Nixon. Its mission was and remains to consolidate a variety of federal research, monitoring, standard setting and enforcement activities into one agency—keeping us all earth-friendly by rule of law and threat of fine.
That very same year, the Occupational Safety and Health Act that gave us OSHA was enacted by Congress and signed into law by that very same president. As you undoubtedly know, OSHA provides a wealth of workplace health and safety standards for both private- and public-sector employees. Do not mess with them.
And then there is the federal DOT. It was established by an act of Congress in 1966, as a federal cabinet department concerned with all facets of transportation: cars, trains, trucks, planes, boats—anything with wheels or wings or a keel—and especially if it is hauling hazmat: the topic at hand.
So, Who is Actually in Charge?
Okay, this is where it gets complicated. The aforementioned Occupational Safety and Health Act states that OSHA does not own jurisdiction over workplace health and safety if another federal agency exercises statutory authority in this area.
U.S. courts interpret this peculiarity of the OSH Act using a so-called “gap theory” or “hazard-by-hazard” approach. For example, if the DOT has a regulation that would reduce or eliminate a workplace hazard, its regulations are applicable. If it does not, then OSHA regulations apply.
Think about that: The authority that decides which agency is alpha are “the courts,” which would suggest that such interpretations are forthcoming after you have done something one or the other agency does not like, haplessly instigating a litigious dogfight between the two that is all about you.
How do the EPA and DOT Comingle?
In deference to the fact that hazardous waste transporters use public roads, highways, rails and waterways—regulations for container specifications, labeling, marking and placarding are primarily developed by the DOT, with EPA input.
Main concerns primary to the EPA that your staff need to know about are:
EPA Identification Numbers: The EPA requires all hazmat haulers to have an EPA ID number, which is assigned to a transportation company as a whole rather than requiring each of its trucks to have its own unique ID.
Hazardous Waste Manifests: The EPA requires that a manifest accompany the movement of a hazardous waste “cradle to grave.” This manifest indelibly attaches a waste to the enterprise that generated the waste as it migrates from its point of origin to its ultimate destination facility—be it storage, treatment, recycling, etc.
Accidental Discharges: Hazmat transport drivers must be properly trained to take immediate action in the event of an accidental hazmat discharge, including, but not limited to, notifying local authorities, and diking the discharge area to protect health and minimize any environmental impact.
Concerns primary to the DOT that they need to know about:
CDL-Class A: As a first requirement, a hazmat hauler must have an active Commercial Driver’s License (CDL- Class A)—and a safe driving record. If you or your employee does not have this license already—understand that regulations for its acquisition are not consistent from state to state. Most states, however, require a learning “permit” period during which a CDL applicant drives with an experienced CDL holder in the vehicle. In due course, the applicant must pass a driving skills test, usually administered by the state DOT.
Hazmat-Specific Training: If a person has an active CDL-Class A, safe driving record, and is 21 years of age or older, he or she is duly qualified to make application for hazmat certification. Additional requirements include proof of citizenship or legal residence, medical and optometric exams. There is also a TSA background check.
Hazmat Knowledge Test: The DOT requires that hazmat drivers be tested for appropriate training in such areas as transit operations between destination points, proper handling of hazardous materials during loading and unloading, safest ways to readjust and re-secure loads while in transit, and more.
A Comprehensive Look
Given that regulations for hazardous waste transport ooze from three to five different agencies depending on how you count ‘em up, we asked our experts to come up with a comprehensive list of training requirements.
Alas, they advise that given the expansive and dynamic nature of federal regulations, it is impossible to do so definitively at any point in time. What was here today might be gone tomorrow, replaced by something else while you were not looking.
Added to that: remember that required training is both “initial and recurrent.” In government parlance, this means it must be updated periodically—usually annually.
With those caveats, our experts provided what is necessarily a partial list of training that your hazmat hauling employees must receive, as there might be more depending on individual job duties. Among them are:
Security awareness training—The security risks associated with hazmat transportation, and specific methods designed to diminish them
Function-specific training—Relative to the particular knowledge and skills required for an individual to perform assigned hazmat-transport responsibilities properly and safely
Safety training—For drivers, warehouse workers and any other employees who handle any hazardous waste in advance, during and/or subsequent to its transportation
Specialized driver training—Pertaining to vehicle inspection and operation, vehicle handling in diverse conditions, and special rules pertaining to tunnels, bridges and railroads (see FMSCA website).
Advanced security training—For companies required to have a security plan relative to their hazardous waste management
HAZWOPER (Hazardous Waste Operations and Emergency Response) certification—For employees who must drive onto hazardous waste sites, enter an EPA-regulated TSDF (Transportation, Storage and Disposal Facility) or respond to hazardous waste emergencies
Cost-Effective Solutions
Comprehensive hazmat-transport initial and recurrent training programs developed by regulatory experts have unsurpassed industry expertise. Using the latest techniques and technology, they can teach your employees what they need to know: both those directly involved in hazmat transport (as drivers) or tangentially (as hazmat handlers before and after delivery). Many training programs have experienced instructors as well.
Make sure the company you engage with has both a proven track record of waste industry experience and proven teaching skills and experience. Look for a company that provides flexible training arrangements—both onsite classes and online classes and one that offers company-specific training assessment and can tailor the training to your specific needs.
Be Proactive
As you can see there is a lot to keep track of—multiple agencies with multiple requirements, industry and job-specific requirements and the documentation. Not having a training program in place can be both dangerous and expensive. As in all things involving agencies like the EPA, it is best to get expert advice. It is time to be pro-active and get your training program in place. | WA
Michael Bryant is Director of Marketing for PegEx, Inc. (Fitchburg, WI), Hazardous Waste Experts. He is part of a team that has more than 130 years of combined waste industry experience. Michael can be reached at [email protected]. For more information about how Hazardous Waste Experts can help you stay in regulatory compliance with all interested federal, state, and local agencies, visit www.hazardouswasteexperts.com.©2020 PegEx, Inc.