Ever wonder where the training requirements in the 49 CFR came from? Have you been told that you need to attend an HM-126F or HM-181 training class? Is it a coincidence that the training requirements in the 49 CFR are very similar to those found in the ICAO Technical Instructions and the IMDG Code?
Well, you are about to get the answers to those questions and more.
THE ORIGINS OF TRAINING REQUIREMENTS 49 CFR
The Hazardous Materials Regulations (HMR), as they exist today, are nearly 34 years old. Many of today’s hazardous materials professionals do not know of a time when the HMR was vastly different than it is today. On December 21, 1990, the Research and Special Program Administration (the predecessor administration to Pipeline and Hazardous Materials Safety Administration (PHMSA)) published docket HM-181. This final rule introduced, among many items, performance-oriented packaging, the current hazard class labels and classifications, documentation requirements and some training requirements. HM-181 brought the HMR into the modern age and began the work of international harmonization.
While HM-181 included the first training requirements, HM-126F, published in 1992, refined the requirements to what we are used to now.
Before we go any further, let’s review a couple of topics surrounding dockets and the rulemaking process.
A BRIEF (REALLY BRIEF) OVERVIEW OF THE RULEMAKING PROCESS
Federal regulations come from many places. Congress mandates certain regulations in the law. In transportation, a major incident, such as the train accident in East Palestine OH in 2023, can lead to changes in regulations based on results of the investigation. Many changes to the HMR come because of harmonization with the UN Model Regulations. Stakeholders, including citizens, companies and industry groups, can petition for changes to the regulations.
When PHMSA begins a regulatory change, they often publish a Notice of Proposed Rulemaking (NPRM). The purpose of this document is to inform and solicit comments from stakeholders on pending regulatory changes. The NPRM or ANPRM, will include an explanation of the change that is being proposed and proposed language of the change. The document will also include information on where the comments are to be sent and when they are due.
Once PHMSA is ready they will publish a final rule. The final rule will include information about the comments PHMSA received during the rulemaking process, what changes were made from the proposed rule and then the final language to be incorporated into the 49 CFR.
WHAT IS A DOCKET NUMBER?
The Federal government produces thousands of documents daily. The docket number is a way for agencies within the government to differentiate the documents for better communication. Each document released to the public by PHMSA is assigned a docket number. The number begins with the letters HM (Hazardous Materials) and is used throughout the entire rulemaking process as a way of tracking changes.
For example, the current rulemaking docket for international harmonization is HM-215. Each year when PHMSA publishes rules for harmonization with international regulations, they are published under HM-215. In 2024, HM-215Q was published indicating the 17th edition of the docket.
WHAT ABOUT THAT TRAINING STORY?
As stated earlier, the current requirement for training was first introduced in HM-181 in 1990. In the time between 1990 and 1992, RSPA collected data through the new incident reporting system. The system collected data from the field about accident causation. RSPA found that most accidents were caused by human error. It was these results and a Congressional mandate that led to the publication of HM-126F.
The training requirements were written to “increase a hazmat employee’s awareness of safety considerations involved in loading, unloading, storage, and transportation of hazardous materials…”. Among other changes, HM-126F created Subpart H – Training and 4 categories (general awareness, function specific, safety, and driver) required to be covered in training sessions. The original requirement for recurrent training was 2 years.
Since 1992, there have been 3 major changes to the training requirements as published in HM-126F. First, in 1993, RSPA added the requirement that training was required to be administered within 90 days of the start of employment or change in job function that required updated training.
Then, in 1996, RSPA extended the recurrent training requirement from 2 years to 3 years. This change put the recurrent training requirement in line with other training programs, such as Canada’s.
Finally, in 2003, as a result of the September 11 terrorist attacks and several attempted attacks on airplanes, RSPA published the Security Awareness and Enhanced Security training requirements in HM-232.
Hazmat University Offers Comprehensive and Up-To-Date Online Hazmat Training Courses
At Hazmat University, we believe that hazmat training is the key to maintain regulatory compliance, reduce the risk of hazmat incidents, and to ensure the overall efficiency and sustainability of hazmat transportation. We offer the most comprehensive online hazmat training courses for hazmat employees and other hazmat professionals.
Our training courses are designed by industry experts and are constantly revised and updated to accommodate the changes in the regulatory landscape. Whether you transport dangerous goods by ground, air, or vessel, we have the right training courses that cover all your needs.
With our online courses, updating yourself on the latest regulatory requirements and best practices is easier than ever before. You can sign up, learn at your own pace, and get a certificate whenever you complete the course – it is as simple as that! Call us today at 844-329-5618 or fill out our online contact form to find out more about our online hazmat training courses.
Be Confident. Be Competent. Be Compliant.
