HazMat employee training: the five parts required by 49 CFR 172.704

HazMat training under the federal rules is not one course. It is five distinct components, and 49 CFR 172.704(a) names each of them separately, because a person can be fully trained in one and untrained in another. The rule also sets a three-year recurrent cycle, a 90-day window for new employees, a list of five things the record must contain, and a rule about whether OSHA training you already hold can count. This page goes through all of it.

What the rule is trying to achieve

Section 172.700(a) states the purpose plainly: the subpart prescribes requirements for training hazmat employees. Section 172.700(b) then defines what "training" means for these purposes, and the definition is a four-part test. Training is a systematic program that ensures a hazmat employee: has familiarity with the general provisions of the subchapter; is able to recognize and identify hazardous materials; has knowledge of the specific requirements of the subchapter applicable to the functions that employee performs; and has knowledge of emergency response information, self-protection measures, and accident prevention methods and procedures.

Section 172.700(c) adds that additional, mode-specific training requirements live in Parts 174 (rail), 175 (air), 176 (vessel) and 177 (highway). For a driver or a small fleet, Part 177 is the one that matters alongside this subpart.

Who has to be trained, and who has to arrange it

Section 172.702(a) puts the duty on the employer: a hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the subpart. Section 172.702(b) then adds the prohibition: except as provided in 172.704(c)(1), a hazmat employee who performs any function subject to the subchapter may not perform that function unless instructed in the requirements applicable to it, and it is the duty of each employer to comply and to thoroughly instruct each employee.

Two practical points follow. Section 172.702(c) says training may be provided by the hazmat employer or other public or private sources — which is why commercial training providers exist for this at all. And 172.702(d) requires the employer to ensure each employee is tested by appropriate means on the training subjects covered in 172.704. Attendance is not the requirement; testing is part of it.

The five components, one at a time

1. General awareness and familiarization (172.704(a)(1)). Designed to provide familiarity with the requirements of the subchapter and to enable the employee to recognize and identify hazardous materials consistent with the hazard communication standards of the subchapter.
2. Function-specific training (172.704(a)(2)(i)). Concerning the requirements of the subchapter, or exemptions or special permits issued under subchapter A, that are specifically applicable to the functions the employee performs. This is the component that cannot be generic: it follows the job. Paragraph (a)(2)(ii) offers an alternative — training relating to the ICAO Technical Instructions and the IMDG Code may substitute, to the extent it addresses functions authorized by Subpart C of Part 171.
3. Safety training (172.704(a)(3)). Three named subjects: the emergency response information required by Subpart G of Part 172; measures to protect the employee from the hazards of the materials they may be exposed to, including the specific measures the employer has implemented; and methods and procedures for avoiding accidents, such as the proper procedures for handling packages containing hazardous materials.
4. Security awareness training (172.704(a)(4)). Provides awareness of the security risks associated with hazardous materials transportation and methods to enhance transportation security, and must include a component covering how to recognize and respond to possible security threats. New hazmat employees must receive this within 90 days after employment.
5. In-depth security training (172.704(a)(5)). Required only for a hazmat employee of a person required to have a security plan under Subpart I who handles materials covered by the plan, performs a regulated function related to them, or is responsible for implementing the plan. Content is specified: company security objectives, organizational security structure, specific security procedures, specific security duties and responsibilities for each employee, and the specific actions each employee takes in the event of a security breach.

The 90-day rule for new employees, and its condition

This is the paragraph people rely on without reading the condition attached. Section 172.704(c)(1) allows a new hazmat employee, or one who changes job functions, to perform those functions before completing training, but only if both of two things hold: the employee performs those functions under the direct supervision of a properly trained and knowledgeable hazmat employee (172.704(c)(1)(i)), and the training is completed within 90 days after employment or the change in job function (172.704(c)(1)(ii)).

Direct supervision is not a formality in this paragraph. It is the thing that makes the 90 days lawful.

Recurrent training: every three years

Section 172.704(c)(2) requires a hazmat employee to receive the training required by the subpart at least once every three years. The in-depth security training in (a)(5) has an additional trigger: at least once every three years, or, if the security plan is revised during the three-year cycle, within 90 days of implementation of the revised plan. A plan revision therefore restarts a clock that most training calendars do not track.

Training you may already have

Two paragraphs allow credit for existing training, and both have conditions.

Section 172.704(b): training conducted to comply with the OSHA hazard communication programs at 29 CFR 1910.120 or 1910.1200, or with the EPA requirement at 40 CFR 311.1, or to comply with security training programs required by other federal or international agencies, may be used to satisfy the 172.704(a) requirements to the extent that such training addresses the components specified in paragraph (a). It is partial credit against named components, not a blanket substitution.

Section 172.704(c)(3): relevant training received from a previous employer or other source may be used, provided a current record of training is obtained from the employee's previous employer. Without the record, the credit is not available.

And 172.704(c)(4) closes the loop on responsibility: each hazmat employer is responsible for compliance with the subchapter regardless of whether the training required by this subpart has been completed. Missing training is not a defence to a materials violation.

The record: five required elements and a retention rule

Section 172.704(d) requires each hazmat employer to create and retain a record of current training for each hazmat employee, inclusive of the preceding three years, for as long as that employee is employed as a hazmat employee and for 90 days thereafter. The record must be made available on request, at a reasonable time and location, to an authorized official of the Department of Transportation or of an entity explicitly granted authority to enforce the hazardous materials regulations.

The five elements the record must include are listed in 172.704(d)(1) to (5):

1. the hazmat employee's name;
2. the most recent training completion date;
3. a description, copy, or the location of the training materials used to meet the paragraph (a) requirements;
4. the name and address of the person providing the training;
5. certification that the employee has been trained and tested as required by the subpart.

Element three is the one commercial training providers vary on most. "A description, copy, or the location of the training materials" means a certificate with a course title on it may not be sufficient on its own, and it is a fair question to ask a provider before booking.

Two limitations worth knowing

Section 172.704(e) carves out two narrow cases. A hazmat employee who manufactures, repairs, modifies, reconditions or tests packagings qualified for transporting hazardous materials, and who performs no other function subject to the subchapter, is not subject to the safety training in (a)(3) or the security awareness training in (a)(4). And a railroad maintenance-of-way employee or railroad signalman who performs no function subject to the subchapter is not subject to (a)(2), (a)(4) or (a)(5).

What a state can and cannot add

Section 172.701 handles the federal-state relationship, and it is unusually specific. The subpart and the mode-specific parts prescribe minimum training requirements. For motor vehicle drivers, a state may impose more stringent requirements only if those requirements do not conflict with the training requirements in this subpart and in Part 177, and apply only to drivers domiciled in that state.

That second condition is the useful one. A state cannot impose its own driver training requirement on a driver domiciled elsewhere who is passing through.

Choosing a training provider

Unlike entry-level driver training, there is no federal registry of hazmat training providers: 172.702(c) simply permits training by the employer or other public or private sources. That puts the burden of assessment on the buyer, so the questions below all come straight from the sections above.

• Which of the five components does the course cover? A course that covers general awareness but not the function-specific component in 172.704(a)(2) has not completed the requirement for anyone.
• Is there a test? 172.702(d) requires the employer to ensure employees are tested by appropriate means on the 172.704 subjects.
• Does the certificate give you all five record elements in 172.704(d), including a description, copy or location of the materials used, and the provider's name and address?
• Is security awareness included, and dated? New employees have a hard 90-day deadline for that component under 172.704(a)(4).
• Do you need in-depth security training? Only if a security plan under Subpart I applies to you. If it does, remember that revising the plan triggers a 90-day retraining obligation under 172.704(c)(2).