---
kind: "section"
citation: "49 U.S.C. § 5107"
title: "49"
title_heading: "Transportation"
number: "5107"
heading: "Hazmat employee training requirements and grants"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/5107"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 51 — Transportation of Hazardous Material"
---

# §5107. Hazmat employee training requirements and grants

- (a) **Training Requirements.—** The [Secretary](/usc/49/5102.md?p=11) shall prescribe by [regulation](/usc/49/5302.md?p=16) requirements for training that a hazmat employer must give hazmat employees of the employer on the safe loading, unloading, handling, storing, and transporting of [hazardous material](/usc/49/5102.md?p=2) and emergency preparedness for responding to an accident or incident involving the transportation of [hazardous material](/usc/49/5102.md?p=2). The [regulations](/usc/49/5302.md?p=16)—
  - (1) shall establish the date, as provided by [subsection (b)](#b) of this section, by which the training shall be completed; and
  - (2) may provide for different training for different classes or categories of [hazardous material](/usc/49/5102.md?p=2) and hazmat employees.
- (b) **Beginning and Completing Training.—** A hazmat employer shall begin the training of hazmat employees of the employer not later than 6 months after the [Secretary](/usc/49/5102.md?p=11) prescribes the [regulations](/usc/49/5302.md?p=16) under [subsection (a)](#a) of this section. The training shall be completed within a reasonable period of time after—
  - (1) 6 months after the [regulations](/usc/49/5302.md?p=16) are prescribed; or
  - (2) the date on which an individual is to begin carrying out a duty or power of a hazmat employee if the individual is employed as a hazmat employee after the 6-month period.
- (c) **Certification of Training.—** After completing the training, each hazmat employer shall certify, with documentation the [Secretary](/usc/49/5102.md?p=11) may require by [regulation](/usc/49/5302.md?p=16), that the hazmat 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](/usc/49/6301.md?p=2) of Transportation [hazardous material](/usc/49/5102.md?p=2) classification system.
  - (2) the use and limitations of the [Department](/usc/49/6301.md?p=2) [hazardous material](/usc/49/5102.md?p=2) 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](/usc/49/5102.md?p=2).
  - (4) health, safety, and risk factors associated with [hazardous material](/usc/49/5102.md?p=2) and the transportation of [hazardous material](/usc/49/5102.md?p=2).
  - (5) appropriate emergency response and communication procedures for dealing with an accident or incident involving [hazardous material](/usc/49/5102.md?p=2) transportation.
  - (6) the use of the [Department](/usc/49/6301.md?p=2) 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](/usc/49/5102.md?p=2) transportation [regulations](/usc/49/5302.md?p=16).
  - (8) personal protection techniques.
  - (9) preparing a shipping document for transporting [hazardous material](/usc/49/5102.md?p=2).
- (d) **Coordination of Training Requirements.—** In consultation with the Administrator of the Environmental Protection Agency and the [Secretary](/usc/49/5102.md?p=11) of Labor, the [Secretary](/usc/49/5102.md?p=11) shall ensure that the training requirements prescribed under this section do not conflict with or duplicate—
  - (1) the requirements of [regulations](/usc/49/5302.md?p=16) the [Secretary](/usc/49/5102.md?p=11) of Labor prescribes related to hazard communication, and hazardous waste operations, and emergency response that are contained in part 1910 of title 29, Code of Federal [Regulations](/usc/49/5302.md?p=16); and
  - (2) the [regulations](/usc/49/5302.md?p=16) the Agency prescribes related to worker protection standards for hazardous waste operations that are contained in part [311](/usc/40/311.md) of title 40, Code of Federal [Regulations](/usc/49/5302.md?p=16).
- (e) **Training Grants.—**
  - (1) **In general.—** Subject to the availability of funds under [section 5128(c)](/usc/49/5128.md?p=c), the [Secretary](/usc/49/5102.md?p=11) shall make grants under this subsection—
    - (A) for training instructors to train hazmat employees; and
    - (B) to the extent determined appropriate by the [Secretary](/usc/49/5102.md?p=11), for such instructors to train hazmat employees.
  - (2) **Eligibility.—** A grant under this subsection shall be made through a competitive process to a nonprofit organization that demonstrates—
    - (A) expertise in conducting a training program for hazmat employees; and
    - (B) the ability to reach and involve in a training program a target population of hazmat employees.
- (f) **Training of Certain Employees.—** The [Secretary](/usc/49/5102.md?p=11) shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness and familiarization training and safety training pursuant to section 172.704 of title 49, Code of Federal [Regulations](/usc/49/5302.md?p=16).
- (g) **Relationship to Other Laws.—**
  - (1) [Chapter 35](/usc/44/chch35.md) of title 44 does not apply to an activity of the [Secretary](/usc/49/5102.md?p=11) under [subsections (a)](#a)–(d) of this section.
  - (2) An action of the [Secretary](/usc/49/5102.md?p=11) under [subsections (a)](#a)–(d) of this section and [section 5106](/usc/49/5106.md) 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)](/usc/29/653.md?p=b-1)), of statutory authority to prescribe or enforce standards or [regulations](/usc/49/5302.md?p=16) affecting occupational safety or health.
- (h) **Existing Effort.—** No grant under [subsection (e)](#e) shall supplant or replace existing employer-provided [hazardous materials](/usc/49/5102.md?p=2) training efforts or obligations.
- (i) **Community Safety Grants.—** The [Secretary](/usc/49/5102.md?p=11) shall establish a competitive program for making grants to nonprofit organizations for—
  - (1) conducting national outreach and training programs to assist communities in preparing for and responding to accidents and incidents involving the transportation of [hazardous materials](/usc/49/5102.md?p=2), including Class 3 flammable liquids by rail; and
  - (2) training [State](/usc/49/5102.md?p=12) and local personnel responsible for enforcing the safe transportation of [hazardous materials](/usc/49/5102.md?p=2), including Class 3 flammable liquids.

## Source credit

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 763; Pub. L. 103–311, title I, §§ 106, 119(c)(1)–(3), Aug. 26, 1994, 108 Stat. 1674, 1680; Pub. L. 109–59, title VII, §§ 7108, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909; Pub. L. 112–141, div. C, title III, § 33016, July 6, 2012, 126 Stat. 841; Pub. L. 114–94, div. A, title VII, § 7301, Dec. 4, 2015, 129 Stat. 1594.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 5107(a) | 49 App.:1805(b)(1), (2), (5) (1st sentence). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 106(b); added Nov. 16, 1990, Pub. L. 101–615, § 7(3), 104 Stat. 3253. |
| 5107(b) | 49 App.:1805(b)(4), (5) (last sentence). |  |
| 5107(c) | 49 App.:1805(b)(6). |  |
| 5107(d) | 49 App.:1805(b)(3) (1st sentence). |  |
| 5107(e) | 49 App.:1816(a)–(c). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 118(a)–(c); added Nov. 16, 1990, Pub. L. 101–615, § 18, 104 Stat. 3269. |
| 5107(f)(1) | 49 App.:1805(b)(7). |  |
| 5107(f)(2) | 49 App.:1805(b)(3) (last sentence). |  |

In subsections (a)(1) and (b), before clause (1), the words “in order to comply with requirements established by such regulations” are omitted as surplus.

In subsection (a), before clause (1), the words “Within 18 months after November 16, 1990” are omitted as obsolete. In clause (1), the words “as provided by subsection (b) of this section” are added for clarity.

In subsection (b), before clause (1), the words “in accordance with the requirements established by such regulations” are omitted as surplus.

In subsection (c), before clause (1), the words “in accordance with the requirements established under this subsection” and “appropriate” before “documentation” are omitted as surplus.

In subsection (d), before clause (1), the words “take such actions as may be necessary to” are omitted as surplus. In clauses (1) and (2), the words “(and amendments thereto)” are omitted as surplus. In clause (1), the words “Secretary of Labor” are substituted for “Occupational Safety and Health Administration of the Department of Labor” because of 29:551.

In subsection (e), the words “and education” are omitted as being included in “training”. Before clause (1), the words “regarding the safe loading, unloading, handling, storage, and transportation of hazardous materials and emergency preparedness for responding to accidents or incidents involving the transportation of hazardous materials in order to meet the requirements issued under section 1816(b) of this title may be made under this section” are omitted as surplus.

In subsection (f)(1), the words “(relating to coordination of Federal information policy)” are omitted as surplus.

### Editorial Notes

### Amendments

2015—Subsec. (i). Pub. L. 114–94 added subsec. (i).

2012—Subsec. (e)(2). Pub. L. 112–141 inserted “through a competitive process” after “shall be made” and struck out “hazmat employee” after “nonprofit” in introductory provisions.

2005—Subsecs. (a) to (d). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions of subsecs. (a) to (c) and “Secretary shall” for “Secretary of Transportation shall” in introductory provisions of subsec. (d).

Subsec. (e). Pub. L. 109–59, § 7108(1), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section. A grant under this subsection shall be made to a nonprofit hazmat employee 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.”

Subsec. (f). Pub. L. 109–59, § 7108(3), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 109–59, § 7108(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (g)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.

Subsec. (g)(2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.

Pub. L. 109–59, § 7108(4), substituted “section 5106” for “sections 5106, 5108(a)–(g)(1) and (h), and 5109 of this title”.

Subsec. (h). Pub. L. 109–59, § 7108(2), redesignated subsec. (g) as (h).

1994—Subsec. (d). Pub. L. 103–311, § 106, in introductory provisions inserted “or duplicate” after “conflict with” and in par. (1) substituted “hazard communication, and hazardous waste operations, and” for “hazardous waste operations and”.

Subsec. (e). Pub. L. 103–311, § 119(c)(1), (2), in first sentence substituted “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section.” for “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.” and in second sentence inserted “hazmat employee” after “nonprofit”.

Subsec. (g). Pub. L. 103–311, § 119(c)(3), added subsec. (g).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.