2012 US Code
Title 49 - Transportation
Subtitle III - GENERAL AND INTERMODAL PROGRAMS (§§ 5101 - 6313)
Chapter 51 - TRANSPORTATION OF HAZARDOUS MATERIAL (§§ 5101 - 5128)
Section 5107 - Hazmat employee training requirements and grants
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL Sec. 5107 - Hazmat employee training requirements and grants |
Contains | section 5107 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(d), July 5, 1994, 108 Stat. 763; Pub. L. 103-311, title I, §§106, 119(c)(1)-(3), Aug. 26, 1994, 108 Stat. 1674, 1680; Pub. L. 109-59, title VII, §§7108, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909; Pub. L. 112-141, div. C, title III, §33016, July 6, 2012, 126 Stat. 841. |
Statutes at Large References | 88 Stat. 2156 104 Stat. 3253, 3269 108 Stat. 763, 1674 119 Stat. 1897 126 Stat. 841 |
Public Law References | Public Law 93-633, Public Law 101-615, Public Law 103-272, Public Law 103-311, Public Law 109-59, Public Law 112-141 |
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(a)
(1) shall establish the date, as provided by subsection (b) of this section, by which the training shall be completed; and
(2) may provide for different training for different classes or categories of hazardous material and hazmat employees.
(b)
(1) 6 months after the regulations are prescribed; or
(2) the date on which an individual is to begin carrying out a duty or power of a hazmat employee if the individual is employed as a hazmat employee after the 6-month period.
(c)
(1) recognizing and understanding the Department of Transportation hazardous material classification system.
(2) the use and limitations of the Department hazardous material placarding, labeling, and marking systems.
(3) general handling procedures, loading and unloading techniques, and strategies to reduce the probability of release or damage during or incidental to transporting hazardous material.
(4) health, safety, and risk factors associated with hazardous material and the transportation of hazardous material.
(5) appropriate emergency response and communication procedures for dealing with an accident or incident involving hazardous material transportation.
(6) the use of the Department Emergency Response Guidebook and recognition of its limitations or the use of equivalent documents and recognition of the limitations of those documents.
(7) applicable hazardous material transportation regulations.
(8) personal protection techniques.
(9) preparing a shipping document for transporting hazardous material.
(d)
(1) the requirements of regulations the Secretary of Labor prescribes related to hazard communication, and hazardous waste operations, and emergency response that are contained in part 1910 of title 29, Code of Federal Regulations; and
(2) the regulations the Agency prescribes related to worker protection standards for hazardous waste operations that are contained in part 311 of title 40, Code of Federal Regulations.
(e)
(1)
(A) for training instructors to train hazmat employees; and
(B) to the extent determined appropriate by the Secretary, for such instructors to train hazmat employees.
(2)
(A) expertise in conducting a training program for hazmat employees; and
(B) the ability to reach and involve in a training program a target population of hazmat employees.
(f)
(g)
(2) An action of the Secretary under subsections (a)–(d) of this section and section 5106 is not an exercise, under section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 763; Pub. L. 103–311, title I, §§106, 119(c)(1)–(3), Aug. 26, 1994, 108 Stat. 1674, 1680; Pub. L. 109–59, title VII, §§7108, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909; Pub. L. 112–141, div. C, title III, §33016, July 6, 2012, 126 Stat. 841.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5107(a) | 49 App.:1805(b)(1), (2), (5) (1st sentence). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §106(b); added Nov. 16, 1990, Pub. L. 101–615, §7(3), 104 Stat. 3253. |
5107(b) | 49 App.:1805(b)(4), (5) (last sentence). | |
5107(c) | 49 App.:1805(b)(6). | |
5107(d) | 49 App.:1805(b)(3) (1st sentence). | |
5107(e) | 49 App.:1816(a)–(c). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §118(a)–(c); added Nov. 16, 1990, Pub. L. 101–615, §18, 104 Stat. 3269. |
5107(f)(1) | 49 App.:1805(b)(7). | |
5107(f)(2) | 49 App.:1805(b)(3) (last sentence). |
In subsections (a)(1) and (b), before clause (1), the words “in order to comply with requirements established by such regulations” are omitted as surplus.
In subsection (a), before clause (1), the words “Within 18 months after November 16, 1990” are omitted as obsolete. In clause (1), the words “as provided by subsection (b) of this section” are added for clarity.
In subsection (b), before clause (1), the words “in accordance with the requirements established by such regulations” are omitted as surplus.
In subsection (c), before clause (1), the words “in accordance with the requirements established under this subsection” and “appropriate” before “documentation” are omitted as surplus.
In subsection (d), before clause (1), the words “take such actions as may be necessary to” are omitted as surplus. In clauses (1) and (2), the words “(and amendments thereto)” are omitted as surplus. In clause (1), the words “Secretary of Labor” are substituted for “Occupational Safety and Health Administration of the Department of Labor” because of 29:551.
In subsection (e), the words “and education” are omitted as being included in “training”. Before clause (1), the words “regarding the safe loading, unloading, handling, storage, and transportation of hazardous materials and emergency preparedness for responding to accidents or incidents involving the transportation of hazardous materials in order to meet the requirements issued under section 1816(b) of this title may be made under this section” are omitted as surplus.
In subsection (f)(1), the words “(relating to coordination of Federal information policy)” are omitted as surplus.
Amendments2012—Subsec. (e)(2). Pub. L. 112–141 inserted “through a competitive process” after “shall be made” and struck out “hazmat employee” after “nonprofit” in introductory provisions.
2005—Subsecs. (a) to (d). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions of subsecs. (a) to (c) and “Secretary shall” for “Secretary of Transportation shall” in introductory provisions of subsec. (d).
Subsec. (e). Pub. L. 109–59, §7108(1), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section. A grant under this subsection shall be made to a nonprofit hazmat employee organization that demonstrates—
“(1) expertise in conducting a training program for hazmat employees; and
“(2) the ability to reach and involve in a training program a target population of hazmat employees.”
Subsec. (f). Pub. L. 109–59, §7108(3), added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, §7108(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (g)(2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, §7108(4), substituted “section 5106” for “sections 5106, 5108(a)–(g)(1) and (h), and 5109 of this title”.
Subsec. (h). Pub. L. 109–59, §7108(2), redesignated subsec. (g) as (h).
1994—Subsec. (d). Pub. L. 103–311, §106, in introductory provisions inserted “or duplicate” after “conflict with” and in par. (1) substituted “hazard communication, and hazardous waste operations, and” for “hazardous waste operations and”.
Subsec. (e). Pub. L. 103–311, §119(c)(1), (2), in first sentence substituted “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section.” for “In consultation with the Secretaries of Transportation and Labor and the Administrator, the Director of the National Institute of Environmental Health Sciences may make grants to train hazmat employees under this section.” and in second sentence inserted “hazmat employee” after “nonprofit”.
Subsec. (g). Pub. L. 103–311, §119(c)(3), added subsec. (g).
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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