310 CMR, § 30.409

Current through Register 1529, August 30, 2024
Section 30.409 - Instruction and Training
(1) All hazardous waste handlers and their employees who may handle hazardous waste or accompany vehicle drivers during handling or transportation of hazardous waste, shall successfully complete a program of instruction that teaches how to perform transportation duties in a way that ensures the transporter's compliance with all DOT requirements at 49 CFR Part 172, Subpart H and Part 177. Such program shall include, but not be limited to, the following:
(a) Basic knowledge of DOT's labelling, packaging, placarding and shipping requirements as set forth at 49 CFR Parts 171 through 180, and all other applicable DOT regulations.
(b) Training in safe vehicle operations as required by 49 CFR Section 177.800 including, but not limited to, pre-trip safety inspections, use of vehicle controls and equipment, and loading and unloading of materials.
(c) Handling of hazardous wastes in a safe manner, and measures to protect drivers and employees from the hazards associated with the wastes.
(d) Emergency handling procedures in the event of a discharge of hazardous waste during transportation, including containment of hazardous waste to minimize harm to the public health, safety, welfare or the environment in compliance with 49 CFR Section 177.854 and 310 CMR 30.413.
(e) Emergency Response information required by 49 CFR Section 172.602.
(f) Evidence of written or oral testing that the instruction program has been effectively completed as required by 49 CFR Section 172.702(d).
(2) All hazardous waste handlers and their employees who may handle hazardous waste or accompany vehicle drivers during handling or transportation of hazardous waste shall create and retain a record of current training in accordance with the DOT requirements at 49 CFR Part 172, Subpart H. The record shall include:
(a) The hazardous waste employee's name;
(b) The most recent training completion date of the hazardous waste employee's training;
(c) A description, copy, or the location of the training materials used to meet the requirements of 310 CMR 30.409(1);
(d) The name and address of the person providing the training; and
(e) A certification that the hazardous waste employee has been trained and tested as required by 49 CFR Part 172, Subpart H and 49 CFR Section 177.800.
(3) All hazardous waste handlers and their employees who may handle hazardous waste or accompany vehicle drivers during handling or transportation of hazardous waste shall furnish a certification to the Department at the time of license application and renewal which shall state that the applicant is subject to the DOT hazardous materials training requirements, and is currently trained and tested.
(4) The Department may independently verify successful completion of the instruction program required above by questioning drivers, trainees, employees, or utilizing other appropriate methods.

310 CMR, § 30.409

Amended by Mass Register Issue 1404, eff. 11/15/2019.