Facts About Legal and Industry Requirements

Confusion sometimes arises over dangerous goods/hazmat training requirements in the U.S., especially with airfreight and the application of IATA Dangerous Goods Regulations. Here are the facts concerning the legal requirements for dangerous goods training in the U.S.:

• Training requirements: DOT Regulations require that shippers and other hazmat "offerors" (including forwarders, customs brokers, NVOCCs and other transportation intermediaries) train and certify their employees which are directly involved in preparing, handling and documenting hazmat for shipment. A "hazmat employee" must receive training as specified in 49 CFR 172.704, which includes 4, and sometimes 5, categories of training:
  • general awareness—This covers hazardous material classification, packaging, labeling, required marks, documentation and other shipping requirements such as emergency notification phone numbers and emergency response information.
  • function specific—What the employee needs to know to do his or her particular job.
  • general safety—This is particularly applicable to employees who may come in physical contact with hazmat, and is generally facility-specific as it should focus on the particular types of hazmat being handled, operational safety concerns and safe practice requirements, types of incidents which can occur, and how to recognize and respond to each. This training typically overlaps required OSHA training, and is therefore often combined with OSHA training.
  • security awareness—This is a new requirement, added in 2003. It addresses types of hazmat which are of interest to terrorists, how to identify security vulnerabilities, and how to reduce such vulnerabilities. For existing certified employees, this training need only be included in recurrent hazmat training as it comes due.
  • security plan—As of September 25, 2003, employers who require a hazmat security plan because they handle certain types of dangerous goods (i.e., the same categories of goods which require registration under 49 CFR 107.601), and/or certain toxins or biohazardous materials, must provide training to those employees involved in or affected by the plan in the structure and implementation of such plan. (For toxins and biohazards requiring a security plan, refer to CDC maintained Select Agent List, currently found under 42 CFR 72.6, soon to be under 42 CFR 73; and High Consequence Livestock Pathogens or High Consequence Plant Pathogens lists, maintained by the USDA—see http://www.aphis.usda.gov/ppq/permits/agr_bioterrorism/).

  Important: External training providers can provide training in general awareness and security awareness, and, to the extent they specialize in a particular industry, may also provide "function-specific" training (as does GISTnet). On the other hand, safety training for employees who have physical contact with hazmat must focus on the particular substances/products involved, and the safety measures and rules implemented in a particular facility; accordingly, this training must generally be done by the employer or a contracted trainer in-plant, perhaps with the assistance of local first-responders (e.g., fire dept. hazmat team). Security plan training, if required, must be specific to the employer security plan in effect.

• Alternate airfreight and ocean freight rules: For employees handling airfreight, HAZMAT (dangerous goods) training may be based on the ICAO Technical Instructions, which are published in the IATA Dangerous Goods Regulations (along with further national and airline requirements and limitations). The ICAO rules are authorized for use by the DOT for airfreight and connecting truck transportation within the U.S., subject to a very few limitations, and provided additional DOT requirements, such as emergency notification telephone number and response information, are also trained and met. Similarly, for employees handling ocean cargo, hazmat training may be based on the International Maritime Dangerous Goods Code ("IMDG Code"), which is published by the International Maritime Organization, and which may be applied to both both the ocean vessel portion of transportation together with connecting truck and rail movement. In all cases, an employee must be trained in additional U.S. DOT (or other national) requirements and limitations on the use of these international rules. (All GISTnet Dangerous Goods courses cover DOT rules and requirements generally applicable to dangerous goods shipping in the U.S. and as may be further applicable to responsibilities among the target employee audience.)
• When training is required: Training must be provided within 90 days of an employee first being assigned to work involving hazmat; refresher training must be provided at intervals of not less than three (3) years.
• Method of training: DOT regulations do not specify what training delivery method(s) are acceptable for hazmat employee training. Any training method may be used, including computer-based and Internet-delivered training, so long as the training covers the required subject matter and the employee has been tested to confirm understanding of the training. Also, training received from a previous employer, to the extent applicable to one's current job, is acceptable if the new employer can obtain a record of training materials used and the assessment from the previous employer or training provider.
• Hazmat Employee certification: The employer, and only the employer, can certify an employee as a "hazmat employee." Training providers can only issue a certificate attesting to the completion of specified training. Before certification, you, as employer, must have a record of the training materials and the assessment(s) used in the training to assure the employee learned what was required. (GISTnet provides and maintains these records online, and also provides a training completion certificate which an employer can print out and sign as the certifying authority.)
• DOT record keeping requirement: A record of the training materials and assessment used to certify an employee must be maintained for a period of three years or 90 days following employee termination, whichever comes first. This record must also include the employee's name, training completion date, and name and address of the party providing the training. (GISTnet maintains these records online, and can email reminders in advance of when recurrent training is due.)
• Summary of U.S. DOT training requirements: Under U.S. law, an employee handling hazmat/dangerous goods in connection with the commercial transportation thereof must be certified as a "hazmat employee" by his/her employer, after having received required hazmat training applicable to their job assignment (i.e., general awareness, function-specific, safety, security awareness and, if applicable, security plan). Records must be kept of the training materials and assessment, and an employer-signed certificate document should issued and available as evidence of certification.

About IATA/CNS Requirements in the U.S.

• IATA Dangerous Goods Regulations: IATA publishes "IATA Dangerous Goods Regulations", which is a compendium of ICAO Technical Instructions, plus country-specific and carrier-specific additional requirements and limitations. This may be used for DOT required hazmat employee training in shipment of Hazmat as air cargo because the ICAO Technical Instructions are authorized for use in the U.S., and this IATA publication lists U.S. DOT requirements which are in addition to or limit application of the ICAO Technical instructions.
• IATA refresher training: IATA regulations state a 2-year refresher training requirement, which we also recommend. However, this is not a legal requirement in the U.S., nor is this training interval required by the airlines or CNS. (DOT Regulations specify 3-year recurrent training, and this is the only legal requirement in the U.S.)
• IATA Endorsement of dangerous goods trainers: IATA endorses certain hazmat training providers, but only with respect to instructor-led training (IATA currently has no procedure for evaluating or endorsing computer-based training). Before granting endorsement, IATA staff review training materials used by the trainer, but IATA does not otherwise evaluate teaching/learning effectiveness. This endorsement serves primarily a marketing purpose, providing benefit to the training companies and revenue to IATA. Endorsement by IATA has no legal implication in the U.S., and taking training from an IATA-endorsed company is not a requirement for appointment by CNS as an IATA agent.
• CNS appointment as an IATA Cargo Agent: As part of the initial cargo agent approval process, an applicant must have at least one employer-certified "hazmat employee" in each office which seeks IATA cargo agency appointment. CNS will verify this through checks of training and employee certification documents. Also (and just as important), your DG qualified individual(s) must be able to answer questions by a CNS representative to confirm they indeed possess the required knowledge.

  CNS will not normally re-verify dangerous goods qualification after initial appointment as an agent unless there is some reason for special concern about the agent. From the time of appointment on, CNS will assume the agent continues to meet dangerous goods compliance responsibilities under DOT Regulations.

  Important: CNS does not require that an IATA air cargo agent, or prospective agent, to use an IATA endorsed training provider for dangerous goods training. A CNS-appointed cargo agent need only meet DOT hazmat employee certification requirements. Any source and method of training (e.g., internal instruction, external seminar, online training, etc.) is acceptable so long as it meets DOT requirements.

About GISTnet Hazmat Employee Training

GISTnet offers a variety of courses to meet and/or supplement employer training needs. There are generic courses covering general awareness and security awareness in three versions based on the primary mode of shipment an employee will be involved with (IMDG Code for vessel/through intermodal surface movement; ICAO/IATA rules for airfreight and connecting truck transportation; and, U.S. DOT rules for domestic and Canadian shipment by truck and rail transportation). GISTnet also offers courses specifically for ocean freight forwarders, airfreight forwarders and customs brokers which add job function-specific training, and limited safety training for those who do not work in physical proximity to cargo. These courses cover all or most of the training needed by most people assigned to transportation intermediary jobs (those with physical contact with cargo will need facility-specific safety training, and employers with a security plan will have to separately train affected employees in their security plan.) You can review the content of any GISTnet course by referring to the Course Catalog and viewing a detailed syllabus for each course.

The preparation and delivery of training in dangerous goods requires subject matter expertise, especially when learners have particular interests and questions not sufficiently addressed in the standard course study materials. GISTnet hazmat courses are a collaboration between Steven Hunt, of ShipMate Inc., who provides deep career expertise and considerable training experience in dangerous goods, and Kevin Maloney, of GISTnet, who provides extensive expertise in freight forwarding and the handling of hazmat by forwarders. These experts, with combined knowledge and experience gained over sixty years of hands-on experience with hazmat shipping, continuously monitor feedback and assistance requests from online learners, and typically respond within hours. Making the course authors readily available via "InstaFeedback" messaging throughout the course is another benefit of online learning.

Our hazmat employee qualification courses are demanding. Students regularly tell us they learned more via GISTnet than in prior instructor-led seminar training in hazmat. There are several reason for this:

• Self-paced learning: An unavoidable challenge in all instructor-led training is the pace of subject matter delivery. In a typical group of students, each comes to the training with a different work experience and threshold knowledge of the subject matter. Each also has different learning skills and academic capacity. Language ability may also influence the time needed to process and understand information. Finally, each student may have particular areas of interest which they want an instructor to address which are not of interest to others. As an instructor slows down to accommodate the learning capacity of slower learners, and/or must cover foundation subject matter that some of the class already understands, the faster learners and more experienced students become bored, and tune-out. If the instructor focuses on mid-level learners and assumes some knowledge of the subject matter, some students are left behind learning very little, while others are still bored. Self-paced online learning solves these problems, and provides a means for all learners to master the subject matter, taking as much (or as little) time as needed. This is why, among other reasons, many learners can complete an online training course in significantly less time than a seminar covering the same subject matter. (For example, depending on one's prior knowledge and study skills, a learner may need only 10–15 hours to master the same material which is covered in a 3-day seminar).
• Interactivity & retention of information: Although a few students can learn and retain information from merely reading/viewing information, much more mental activity and learning occurs as students answer questions and have to apply information which they are endeavoring to learn (thereby turning such information into useful knowledge). An effective instructor will continually endeavor to engage learners with questions and practical exercises rather than simply "show and tell" information in lecture mode. But this doesn't always happen, and some learners simply don't participate in a classroom situation as much as others. Also, a course may have only one assessment covering an entire day of instruction, or even a single assessment covering a multi-day seminar. A GISTnet online course, by contrast, contains numerous interactive options and requirements, so that the learner is continuously having to look up definitions, refer to applicable regulations, and answer numerous questions which keep re-appearing in different form. There is no way a learner can become bored and tune out. More important, a learner can go over materials and questions as many times as needed to master the subject matter, and must demonstrate mastery of each lesson by passing lesson-by-lesson assessments.
• Attention span: Because of the high cost of bringing students and an instructor together in one place, dangerous goods training is typically conducted in a single span of time, taking as many hours/days as required to cover the necessary subject matter (typically 2–3 days for hazmat employee training). Learning, however, requires a high degree of focus and attention; learner fatigue and reduced capacity to absorb information often becomes a major problem in instructional situations spanning hours or days. A very capable and stimulating instructor can vary activities to reduce this problem, but most do not. GISTnet online courses eliminate this problem by allowing students to study as they wish, in short periods of time, with high levels of interactivity. A learner simply stops when they can no longer focus on the work, returning when they are fresh.
• Consistency of subject matter and learning experience: Online training delivers the same course content to every learner, and is not influenced by the trainer's knowledge and teaching skill, or the effect of students competing for the instructor's attention.
• Content extension & customization: Employers with recurring need for training can easily customize a standard online course to cover company-specific policies, procedures, etc., assuring that such additional information is trained in a consistent manner.
• Convenience and cost effectiveness: Seminars and classroom instruction require a learners to leave normal work assignments, with others having to assume their work. Taking an outside seminar may also involve significant travel costs as well. GISTnet online courses are more convenient because they can be completed "anytime, anywhere", in short increments. In most situations, they are also significantly less costly for an employer.
• Accountability and record keeping: GISTnet courses are supported with a state-of-the-art training administration system (GISTware) available to employers on a continuing basis. When assigned to a GISTnet course, a learner is given due dates for completion of each lesson. Email reminders are automatically sent to learners when they are late in completing a lesson, and may also be sent to supervisors and other persons designated at the time of course assignment. Records are kept of course progress, course content, and every assessment taken via the system (our database retains the learner's response to each question asked, with date/time stamps). Individual training records, and complete audit trails are provided for every course taken via GISTnet should this ever been needed. Employers can print out, on demand, certificates of course completion for any course completed by an employee via GISTnet, and then add their company signature as evidence of employer certification.
• Advanced training management: Our GISTware system can be set to remind the employee and designated other company representatives in advance of when recurrent training is due for each employee. Furthermore, GISTware provides a number of features to specify, author, manage, schedule and leverage all methods of training, and even blend online training with off-system training, self-directed learning and performance evaluation so that composite training needs can be met, such as adding an instructed facility-specific safety module to an online course to make sure that employees receive complete hazmat or OSHA safety training before certification, with proper records kept of each element of training. Job-profile and career-path modules allow an organization to specify standard training qualifications and available training options for numerous employees, and then creation variations so that each employee has a personal development plan. And, content of training programs can seamlessly be made available to authorized employees both before and after training for performance support purposes. Employers can use as much of the GISTware system as they wish, with the basic record-keeping, certificate and reminder features available as part of the GISTnet course fee.

Please email or call us if you have further questions (staff@gistnet.com or 310-376-3888).