Increased Security

Counter-Terrorism Security Advisors 

American Investigative Services has several prominent law enforcement supervisors on staff as consultants. These command level officers bring to AIS the skills and experience necessary to effectively manage and control a variety of security-related projects, and the ability to act as liaison between local, state, and federal officials and the private sector. Our security consultants continue to attend educational seminars to enhance their already formidable skills in Counter-Terrorism, HazMat Operations, Drug Intervention, and Emergency Response, and have received numerous awards for their outstanding achievements.

Key Reference: Revelation 21:5…

U.S. DOT Hazmat Training Requirements

Quick Tips #158 

Background

Congress gives The U.S. Department of Transportation (DOT) the authority to issue regulations for the safe transportation of hazardous materials in intrastate, interstate and foreign commerce. This authority was granted in the Hazardous Materials Transportation Act (HMTA), first adopted in 1974 and amended in November, 1990, as the Hazardous Materials Transportation Uniform Safety Act of 1990 (HMTUSA).

In response to this mandate, the U.S. DOT has built up a body of rules called the Hazardous Materials Regulations (HMR). These regulations are maintained by the Research and Special Projects Administration (RSPA).

HMRs are contained in Title 49 of the Code of Federal Regulations (CFR), Parts 171–180. Each numbered part deals with a single subject and is then divided into subsections, as follows:

Part 171: Includes definitions, reporting requirements, reference materials and procedural requirements. 
Part 172: Includes the Hazardous Materials Table and hazard communication requirements. 
Part 173: Contains the hazard class definitions for classifying materials, lists DOT packagings authorized for specific materials and references the appropriate sections of Part 178 when DOT specification packagings are required. 
Part 174: Transportation by rail car. 
Part 175: Transportation by aircraft. 
Part 176: Transportation by vessel. 
Part 177:Transportation by motor vehicles. 
Part 178: Contains specifications for a wide variety of approved packagings. 
Part 179: Specifications for tank cars. 
Part 180: Requirements for continuing qualification and maintenance of packagings.

In a notice published at 57 Fed. Reg. 20953 (15 May 1992) the U.S. DOT established new training requirements for hazmat employees by creating a new Subpart H Training (49 CFR 172.700 – .704). The initial proposal was assigned a Docket Number of HM-126F Training for Safe Transportation of Hazardous Materials program.

Definitions

Training, as defined in Subpart H, means a systematic program that ensures a hazmat employee:

  • Is familiar with the general provisions of the HMR 
  • Is able to recognize and identify hazardous materials 
  • Has knowledge of specific requirements of the HMRs applicable to the functions performed by the employee
  • Has knowledge of emergency response information, self-protection measures and accident prevention methods and procedures

A hazmat employee is a person who is employed by a hazmat employer and who, in the course of employment, directly affects hazardous materials transportation safety.

A hazmat employer is a person (including a business or organization) that uses one or more of its employees in connection with:

  • Transporting hazardous materials in commerce
  • Causing hazardous materials to be transported or shipped in commerce
  • Representing, reconditioning, marking, testing, certifying, repairing, selling, modifying or offering containers, drums or packagings to qualify them for use in the transportation of hazardous materials 

General Training Requirements

Each hazmat employee must receive initial and recurrent training that includes:

  • General awareness/familiarization training 
  • Function-specific training
  • Safety training
  • Security awareness training
  • In-depth security training
  • Testing

General awareness/familiarization training is designed to provide familiarity with DOT regulations for shippers, transporters and manufacturers and to enable the employee to recognize and identify hazardous materials consistent with the hazard communication standards of the DOT regulations.

Function-specific training relates to the requirements of DOT regulations for shippers, transporters and manufacturers that are specifically applicable to the functions the employee performs.

Safety training must cover:

  • Emergency response information required by 49 CFR Part 172, Subpart G Emergency Response Information
  • Measures to protect the individual employee from the hazards associated with hazardous materials to which he or she may be exposed in the work place. Specific measures the hazmat employer has implemented to protect employees from exposure must be included
  • Methods and procedures for avoiding accidents, such as the proper procedures for handling packages containing hazardous materials

Each employer must test each of it’s hazmat employees by appropriate means.

Initial and Recurrent Training

A new hazmat employee or a hazmat employee who changes job functions must complete training requirements for the new job function(s) within 90 days. However, the employee may perform new hazardous materials job functions prior to the completion of training, provided the employee performs those functions under the supervision of a properly trained and knowledgeable hazmat employee.

Hazmat employees must receive the required training at least once every three years.

Class C Driver’s License and Endorsements Needed for a CDL Class C License

All Candidates for the Class C CDL license must complete the following requirements:

  • You must pass a General Knowledge exam. This is required for any type of CDL license.
  • You must pass the Pre-trip inspection.
  • You must pass the Passenger Transport test (if transporting more than 15 people, including the driver).
  • You must pass the HazMat test (if you are transporting hazardous materials).

The federal law mandates that each state issue a CDL to drivers according to certain classifications. The Federal Motor Carrier Safety Administration has designated the following classes:

  • Class A License – Any combination of vehicles with a GVWR of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.
  • Class B License – Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.
  • Class C License – Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is placarded for hazardous materials.

CDL Restrictions

A restriction placed on your commercial driver’s license may keep you from operating certain types of vehicles.

Common federal CDL restriction codes are listed below:

  • E Restriction: Prohibits you from operating vehicles with a manual transmission.
    • Occurs when you take your skills test in a CMV with automatic transmission.
  • L Restriction: Prohibits operation of a vehicle containing afull air brake system.
    • Occurs if you:
      • Fail the Air Brakes Knowledge Test.
      • Incorrectly identify air brake system components.
      • Fail to properly conduct an air brakes system check.
      • Take the road skill test in a CMV lacking a full air brake system.
  • Z Restriction: Also prohibits you from driving a CMV with full air brakes.
    • Occurs if you tested in a vehicle with an air over hydraulic brake system.
  • M Restriction: Restricts you to operating a Class B or C passenger vehicle/school bus ONLY.
    • Occurs if you possess a Class A CDL, but earned your passenger/school bus endorsement driving a Class B vehicle.
  • N Restriction: Restricts you to operating a Class C passenger vehicle/school bus ONLY.
    • Occurs when you possess a Class B CDL, but earned your passenger/school bus endorsement driving a Class C vehicle.
  • Restriction: Prohibits you from driving any Class A vehicle that has a fifth wheel connection.
    • Occurs when you take your skills test in a CMV that has a non-fifth wheel connection, such as a pintle hook.
  • V Restriction: Indicates that a medical variance has been reported by the Federal Motor Carrier Safety Administration (FMCSA).
    • This may occur, for instance, if you have a vision or diabetic waiver issued by the FMCSA.

(Key Point: Restrictions- NONE)

Summary: S.1952 — 112th Congress (2011-2012) All Bill Information (Except Text)

 Shown Here:

Reported to Senate without amendment (04/25/2012)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Hazardous Materials Transportation Safety Act of 2011 [sic] – (Sec. 5) Requires states or Indian tribes receiving grants to train emergency responders to hazardous material (hazmat) transportation accidents to make certain certifications to the Secretary of Transportation (DOT). 

(Sec. 6) Authorizes the Secretary to conduct pilot projects (including at least one in a rural area) to evaluate the feasibility of using paperless hazard communications systems. 

(Sec. 7) Authorizes the Secretary to assess and review the methods used by the Pipeline and Hazardous Materials Safety Administration (PHMSA) for collecting, analyzing, and reporting accidents and incidents involving hazmat transportation. Requires the Secretary to develop an action plan and timeline for improving the collection, analysis, reporting, and use of data by PHMSA.

(Sec. 8) Directs the Secretary to prescribe regulations establishing uniform procedures among facilities for the safe loading and unloading of hazmat on and off tank cars and cargo tank trucks.

(Sec. 9) Authorizes the Secretary to develop and implement a hazmat technical assessment, research and development, and analysis program to: (1) reduce risks associated with hazmat transportation; and (2) identify and evaluate new technologies for safe, secure, and efficient hazmat transportation.

(Sec. 10) Directs the Secretary to establish a multimodal hazmat enforcement training program for government hazmat inspectors and investigators.

(Sec. 11) Requires a designated officer, employee, or agent of the Secretary to provide reasonable notice to an affected offeror, carrier, packaging manufacturer or tester, or other person responsible for the package containing hazmat of: (1) the decision to exercise inspection and investigation authority, (2) any findings made, and (3) any actions being taken as a result of a finding of noncompliance.

Requires regulations for inspections and investigations to address: (1) the safe and expeditious resumption of transportation of perishable hazardous material, including radio pharmaceuticals and other medical products, that may require timely delivery due to life-threatening situations; (2) the means by which noncompliant packages presenting an imminent hazard are placed out-of-service until the condition is corrected; (3) the means by which noncompliant packages that do not present a hazard are moved to their final destination; (4) appropriate training and equipment for inspectors; and (5) the proper closure of packaging.

(Sec. 12) Increases the civil penalties for: (1) knowing violations of a hazmat transportation regulation, order, special permit, or approval; and (2) violations that result in death, serious illness, or injury or substantial destruction of property.

Authorizes the Secretary to impose a civil penalty on persons who obstruct or prevent an inspection or investigation regarding hazmat transportation. Prohibits a person who has failed to pay an assessed civil penalty for noncompliance with a hazmat transportation regulation or order from conducting hazmat transportation.

Key Reference: (Sec. 14) Revises requirements for the issuance of special permits, approvals, and exclusions. 

(Sec. 15) Requires states to submit certain information to the Secretary biennially regarding their currently effective hazmat highway route designations.

(Sec. 16) Authorizes appropriations to the Secretary for FY2012 and FY2013. Authorizes the Secretary to make certain expenditures from the Hazardous Materials Emergency Preparedness Fund, in particular for hazmat training grants.

Cool examples of USSS emergency vehicles…seeSecret Service Vehicle

Summary: S.1750 — 107th Congress (2001-2002)All Bill Information (Except Text)

 
 Shown Here:

Reported to Senate with amendment(s) (08/01/2002)

Hazmat Endorsement Requirements Act – Amends the Federal transportation code, as amended by the USA PATRIOT Act, with respect to hazardous materials (hazmat) transportation. Requires States to: (1) implement a program of background records checks for operators of commercial motor vehicles transporting a hazardous material; and (2) deny a hazmat endorsement for the license of any otherwise qualified commercial driver unless the Secretary of Transportation has determined that the individual does not pose a security risk warranting such denial.(Sec. 2) Prohibits denial of a hazmat endorsement for an otherwise qualified individual unless within ten years before application for a background investigation the individual was convicted (or found not guilty by reason of insanity) of one or more specified criminal offenses, or acts for which the individual may be denied admission to, or removed from, the United States under the Immigration and Nationality Act.

Allows the Secretary of Transportation to consider mitigating circumstances from which it may be reasonably concluded that the individual does not pose a security risk warranting denial of endorsement.

Requires the Attorney General, upon a State’s request, to conduct a background records check and, if appropriate, take criminal enforcement action required by any information developed in the course of the check. Specifies the contents of any such check.

Denials availability to the public under the Freedom of Information Act of any information the Attorney General or the Secretary obtain in the course of a check. Requires the Secretary to maintain confidentiality about such information.

Permits the Secretary to waive State compliance with the requirement of prior background checks before renewing an endorsement or license to the extent necessary to avoid the interruption of service by a license holder while a background check is being completed, unless such interruption is due to the license holder’s failure to: (1) comply with renewal requirements; or (2) furnish necessary documentation in a timely manner.

(Sec. 3) Prohibits individuals from operating a commercial motor vehicle transporting hazardous materials without a proper hazmat endorsement or license issued by a State, Canada, or Mexico after a background check meeting the requirements of this Act.

(Sec. 4) Prescribes criminal penalties for the fraudulent issuance, renewal, upgrade, or transfer of a commercial driver’s license or endorsement, or the attempt to commit any such offenses.

(Sec. 5) Directs the Secretary to assess and report to specified congressional committees on the security risks associated with motor carrier transportation and develop prioritized recommendations for improving the security of hazmat shipments by motor carriers, among other things.

(Sec. 6) Requires the Secretary to research and test the feasibility, costs, and benefits of requiring motor carriers transporting certain hazardous materials to install ignition or engine locking devices, silent alarms, satellite technology, or other mechanisms to increase security. Authorizes a pilot program to assess such devices.

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