Page:United States Statutes at Large Volume 108 Part 2.djvu/48

 108 STAT. 764 PUBLIC LAW 103-272—JULY 5, 1994 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) COORDINATION OF TRAINING REQUIREMENTS.—In consultation with the Administrator of the Environmental Protection Agency and the Secretary of Labor, the Secretary of Transportation shall ensure that the training requirements prescribed under this section do not conflict with— (1) the requirements of regulations the Secretary of Labor prescribes related to 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) TRAINING GRANTS. —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. A grant under this subsection shall be made to a nonprofit 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. (f) RELATIONSHIP TO OTHER LAWS.—(1) Chapter 35 of title 44 does not apply to an activity of the Secretary of Transportation under subsections (a)-(d) of this section. (2) An action of the Secretary of Transportation under subsections (a)-(d) of this section and sections 5106, 5108(a)-(g)(l) and (h), and 5109 of this title 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.

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