§ 5107. Hazmat employee training requirements and grants
(a)
Training Requirements.—
The Secretary shall prescribe by regulation requirements for training that a hazmat employer must give hazmat employees of the employer on the safe loading, unloading, handling, storing, and transporting of hazardous material and emergency preparedness for responding to an accident or incident involving the transportation of hazardous material. The regulations—
(b)
Beginning and Completing Training.—
A hazmat employer shall begin the training of hazmat employees of the employer not later than 6 months after the Secretary prescribes the regulations under subsection (a) of this section. The training shall be completed within a reasonable period of time after—
(c)
Certification of Training.—
After completing the training, each hazmat employer shall certify, with documentation the Secretary may require by regulation, that the hazmat employees of the employer have received training and have been tested on appropriate transportation areas of responsibility, including at least one of the following:
(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.
(d)
Coordination of Training Requirements.—
In consultation with the Administrator of the Environmental Protection Agency and the Secretary of Labor, the Secretary shall ensure that the training requirements prescribed under this section do not conflict with or duplicate—
(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)
Training Grants.—
(f)
Training of Certain Employees.—
The Secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness and familiarization training and safety training pursuant to section
172.704 of title 49, Code of Federal Regulations.
(g)
Relationship to Other Laws.—
(1)
Chapter
35 of title
44 does not apply to an activity of the Secretary under subsections (a)–(d) of this section.
(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)
Existing Effort.—
No grant under subsection (e) shall supplant or replace existing employer-provided hazardous materials training efforts or obligations.