Title 49TransportationRelease 119-73

§5107 Hazmat employee training requirements and grants

Title 49 › Subtitle SUBTITLE III— - GENERAL AND INTERMODAL PROGRAMS › Chapter CHAPTER 51— - TRANSPORTATION OF HAZARDOUS MATERIAL › § 5107

Last updated Apr 6, 2026|Official source

Summary

Require the Secretary to make rules that tell hazardous materials employers how to train their hazmat employees in safe loading, unloading, handling, storing, transporting, and how to respond to accidents. The rules must set a date for when training starts and finishes and can vary by type of material or job. Employers must begin training within 6 months after the rules are issued. If someone is hired after that 6‑month period, their training must be finished within a reasonable time after they start the job. After training, employers must provide written certification, using any forms the Secretary requires, that employees were trained and tested on appropriate transportation topics, including at least one of these areas: hazardous material classification, placarding/labeling, handling and loading methods, health and safety risks, emergency response and communication, use of the Emergency Response Guidebook or equivalent, applicable transportation rules, personal protective techniques, or preparing shipping papers. The Secretary must work with the EPA Administrator and the Secretary of Labor to avoid conflicting or duplicative rules with 29 CFR part 1910 and 40 CFR part 311. Subject to available funds under section 5128(c), the Secretary will make competitive grants to nonprofit organizations to train instructors and, where appropriate, for those instructors to train hazmat employees; grant recipients must show expertise and an ability to reach the target workers. Grants must not replace employer training. The Secretary must also make sure maintenance‑of‑way employees and railroad signalmen get the awareness and safety training in 49 CFR 172.704. Chapter 35 of title 44 does not apply to the Secretary’s work under these training rules, and those actions (and actions under section 5106) are not considered exercising OSHA authority under 29 U.S.C. 653(b)(1). The Secretary will also run competitive grant programs for nonprofits to do national outreach and community training and to train State and local enforcement personnel, including for Class 3 flammable liquids by rail.

Full Legal Text

Title 49, §5107

Transportation — Source: USLM XML via OLRC

(a)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—
(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)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—
(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)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.
(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)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)(1)Subject to the availability of funds under section 5128(c), the Secretary shall make grants under this subsection—
(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 grant under this subsection shall be made through a competitive process to a nonprofit organization that demonstrates—
(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)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)(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)No grant under subsection (e) shall supplant or replace existing employer-provided hazardous materials training efforts or obligations.
(i)The Secretary shall establish a competitive program for making grants to nonprofit organizations for—
(1)conducting national outreach and training programs to assist communities in preparing for and responding to accidents and incidents involving the transportation of hazardous materials, including Class 3 flammable liquids by rail; and
(2)training State and local personnel responsible for enforcing the safe transportation of hazardous materials, including Class 3 flammable liquids.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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.

Editorial Notes

Amendments

2015—Subsec. (i). Pub. L. 114–94 added subsec. (i). 2012—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 “section 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).

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

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.

Reference

Citations & Metadata

Citation

49 U.S.C. § 5107

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73