Page:United States Statutes at Large Volume 104 Part 4.djvu/938

 104 STAT. 3254 PUBLIC LAW 101-615—NOV. 16, 1990 Regulations. "(1) FEDERAL REQUIREMENTS. —Within 18 months after the date of the enactment of the Hazardous Materials Transportation Uniform Safety Act of 1990, the Secretary shall issue, by regulation, requirements for training to be given by all hazmat employers to their hazmat employees regarding the safe loading, unloading, handling, storing, and transporting of hazardous materials and emergency preparedness for responding to accidents or incidents involving the transportation of hazardous materials. "(2) DIFFERENT TRAINING REQUIREMENTS.— The regulations issued under paragraph (1) may provide for different training for different classes or categories of hazardous materials and hazmat employees. "(3) COORDINATION OF EMERGENCY RESPONSE TRAINING REGULA- TIONS. —In consultation with the Administrator and the Secretary of Labor, the Secretary shall take such actions as may be necessary to ensure that the training requirements established under this subsection do not conflict with the requirements of the regulations issued by the Occupational Safety and Health Administration of the Department of Labor relating to hazardous waste operations and emergency response contained in part 1910 of title 29 of the Code of Federal Regulations (and amendments thereto) and the regulations issued by the Environmental Protection Agency relating to worker protection standards for hazardous waste operations contained in part 311 of title 40 of such Code (and amendments thereto). For purposes of section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653G)X1)), no action taken by the Secretary pursuant to this section shall be deemed to be an exercise of statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health. "(4) COMMENCEMENT OF TRAINING. — Within 6 months after the date on which the Secretary issues regulations under this subsection, each hazmat employer shall have commenced training of its hazmat employees in accordance with the requirements established by such regulations. "(5) COMPLETION OF TRAINING.— Regulations issued under this subsection shall establish the date by which training of hazmat employees shall be completed in order to comply with requirements established by such regulations. Such date shall be within a reasonable period of time after (A) 6 months following the date of the issuance of such regulations, or (B) in the case of an individual employed as a hazmat employee after such 6- month period, the date on which the individual is to begin carrying out a duty of a hazmat employee. "(6) CERTIFICATION. —After completion of training of its hazmat employees in accordance with the requirements established under this subsection, each hazmat employer shall certify, with such appropriate documentation as may be required by regulation by the Secretary, that the employer's hazmat employees have received training and have been tested on appropriate transportation areas of responsibility, including one or more of the following areas: "(A) Recognition and understanding of the Department of Transportation hazardous materials classification system.

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