DOT’S FMCSA’S CDL VERSES PHMSA’S HMR TRAINING

What’s the difference between the 49 CFR Federal Motor Carrier Safety Administration (FMCSA), Commercial Driver License (CDL), hazmat endorsement and the 49 CFR Pipeline and Hazardous Material Safety Administration (PHMSA), hazmat employee training requirements? 

First, many confuse the definition of hazardous material under the Department of Transportation (DOT). Many use the word interchangeably however, some don’t realize that PHMSA and FMCSA have very different meanings. Under the FMCSR, a hazardous material is a material for which placarding is required under 49 CFR 172.500, but under the PHMSA it is any amount of a hazardous material in 171.8.

Though I am no expert on the FMCSA, I do know that drivers require hazmat endorsements on their Commercial Driver License (CDL), if they want to accept FMCSA hazardous materials (placarded shipments for transportation). However, this should not be confused with the requirement that all hazmat employees, including drivers, are required to meet all four levels of training under the PHMSA 49 CFR 172.700 training requirements, General awareness, Function specific, Safety and Security training regardless of whether the hazardous material shipment requires placards or not.

As stated in this PHMSA Letter of Interpretation; 

“This training must include general awareness, function-specific, safety, and security awareness training as specified in §172.704(a) of the HMR, as well as driver training in the applicable requirements of FMCSA Regulations (FMCSR; 49 CFR parts 390 through 397) and the procedures necessary for the safe operation of that motor vehicle.” 

Barely able to maintain a regular driver license, let alone a CDL and a hazardous materials endorsement, I would be misleading you to suggest that I am aware of what is covered in any of the state training, testing and certification requirements to achieve a FMCSA CDL endorsement. 

However, I am pretty sure many of the FMCSA sanctioned state certifications have very little to do with the training and documentation requirements under PHMSA, in 172.700, By simply passing the state’s CDL hazardous material endorsement test in most cases will fall well short of meeting the federal PHMSA  training, testing, certification and documentation requirements.

But, I’ve been wrong before. So don’t take my word for it, check your driver’s FMCSA, CDL hazmat certification endorsement records, because to meet the PHMSA hazmat employee training requirement their records must 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 training  requirements; 
(4) The name and address of the person providing the training. and;
(5) Certification that the hazmat employee has been trained and tested on the following;

General awareness and Familiarization training, designed to provide familiarity and to enable the employee to recognize and identify hazardous materials consistent with the HMR communication standard,

Function-specific training concerning the requirements of the HMR, ICAO or IMDG that are specific to the functions the employee performs. 

Safety training concerning the Emergency Response Information required by 172.600, about the specific measures the hazmat employer has implemented to protect employees from exposure, including the methods and procedures for avoiding accidents, such as the proper procedures for handling packages containing hazardous materials, and;

Security Awareness training of security risks associated with hazardous materials transportation and methods designed to enhance transportation security.  Then In-depth Security training for hazmat employers required to have a security plan, in 172.800. The In-depth Security training must include company security objectives, organizational security structure, specific security procedures, specific security duties and responsibilities for each employee, and specific actions to be taken by each employee in the event of a security breach. 

These records and certifications are critical as all hazmat employers, both shippers/generators and carriers/transporters must make the PHMSA hazmat employee's current training records available upon request, to authorized officials of the Department of Transportation. 

Remember, we are always here for you. If you have a related question or problem please call us. And don’t forget the 2021/2022 Hazardous Materials Substances and Wastes Compliance Guide Books are still available or you can sign up for our next seminar and secure a copy for yourself.

Be Safe!

Robert J. Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc.
hazmat-tsp.com

Be Safe!

Robert J. Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc.
hazmat-tsp.com