J. J. Keller® Compliance Network Logo
Start Experiencing Compliance Network for Free!
Update to Professional Trial!

Be Part of the Ultimate Safety & Compliance Community

Trending news, knowledge-building content, and more – all personalized to you!

Already have an account?
FREE TRIAL UPGRADE!
Thank you for investing in EnvironmentalHazmat related content. Click 'UPGRADE' to continue.
CANCEL
YOU'RE ALL SET!
Enjoy your limited-time access to the Compliance Network!
A confirmation welcome email has been sent to your email address from ComplianceNetwork@t.jjkellercompliancenetwork.com. Please check your spam/junk folder if you can't find it in your inbox.
YOU'RE ALL SET!
Thank you for your interest in EnvironmentalHazmat related content.
WHOOPS!
You've reached your limit of free access, if you'd like more info, please contact us at 800-327-6868.

Applicability of HMR to employees maintaining shipping containers

Regulation

171.8

Regulation summary

Section 171.8 establishes definitions and abbreviations of the hazardous materials regulations (HMR)

Question/Dilemma

In this scenario, maintenance employees for a contracted company regularly maintain and repair freight containers, reefer containers, flat racks, and chassis that are owned and/or leased by an ocean carrier. The maintenance company asks if the contract employees meet the definition of a hazmat employee under the HMR.

In this interpretation, PHMSA addresses the definition of a hazmat employee.

Interpretation summary

In interpretation Ref. No. 07-0137, PHMSA advises that a hazmat employee, as defined in 171.8, includes a person who designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.

  • The maintenance employees do not load, unload, classify, mark, label, placard, transport or accept hazardous materials.
  • PHMSA advises that based on the information, the employees in question do not meet the definition of a hazmat employee unless the equipment that the employees maintain and repair includes packages, containers, or packaging components that are represented, marked, certified, or sold as qualified for use in transporting hazardous materials in commerce.
  • Employees who conduct general maintenance of containers are not considered hazmat employees under the HMR.