310 CMR 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
accompanyvehicle 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 mayindependentlyverifysuccessful completion of the instruction program
required above by questioning drivers, trainees, employees, or utilizing other appropriate
methods.