Regulation

172.704(d)

Regulation summary

Section 172.704(d) establishes the general recordkeeping requirements for hazardous materials training.

Question/Dilemma

In this scenario, a shipper requests clarification of the recordkeeping requirements for written tests. The shipper asks if hazmat employers are required to retain the written exams of their employees who complete hazardous materials training.

In this interpretation, PHMSA addresses hazmat employer recordkeeping requirements.

Interpretation summary

In interpretation Ref. No. 10-0170, PHMSA advises the purpose of testing is to ensure that each hazmat employee has been trained on appropriate areas of responsibility and can perform their assigned duties in compliance with the hazardous materials regulations (HMR).

• Any method of testing that achieves this purpose and any document that certifies the hazmat employee can successfully perform these tasks is acceptable.
• Acceptable methods include written, oral, and demonstration tests. · Acceptable documentation includes written certificates, electronic files, and index cards.
• Hazmat employers are required to create and maintain a record that documents the current training and testing, including the previous three years of each hazmat employees, and to certify that the employee has completed the training.
• Therefore, a hazmat employer is not required to retain the written test; employers are required to document that a written test was administered.