1 October 2003
(2) Where a USACE operations, engineering, and/or construction office enters into a
contract to transport HAZMAT or a prime contractor hires a subcontractor to transport
HAZMAT, the USACE should ensure that the contract requires the contractor and all
subcontractors to comply with the Federal HAZMAT regulations of 49 CFR Subchapter C. It is
recommended that the new requirements of 49 CFR 172, Subpart I for security plans, and 49
CFR 172.704 for security training be the subject of inquiry to the contractors regarding their
compliance until these regulatory requirements become standard practice. In addition, standard
security responsibility clauses within contracts that involve on-site HAZMAT work should place
the responsibility to provide on-site security on the contractor.
(3) As USACE contractors and subcontractors are transporting the HAZMAT in
commerce, these entities are subject, where applicable, to the Security Plan development and
training requirements. These requirements are industry-wide and specific to the entity that
transports the HAZMAT. The plans are specific to the HAZMAT to be shipped. As such,
contractors must develop plans to fulfill the regulatory requirements for their clients and the
specific types of HAZMAT they transport. USACE should not bear the cost for plan
development or training. This is an inherent cost of doing business in the HAZMAT industry
and is required by DOT regulation. USACE will impose a certification requirement for all
USACE managed contractor shipments of HAZMAT. The procedures are described in
paragraph d below.
(4) All USACE HAZMAT employees who are trained and certified under the DOT
provisions of 49 CFR 172 Subpart H should receive security awareness training at their initial or
next recurrent training. The USACE PROSPECT courses have incorporated this requirement.
The USACE PROSPECT course control numbers for general awareness transportation courses
included: 223, 429, 430, and 441. For persons required to prepare security plans, specific
training on the provisions of the security plan must be given to the HAZMAT employees by
December 22, 2003.
(5) In addition to the security measures provided by the onsite contractor, or when there
is not a contractor responsible for onsite security (Civil Works operations), the onsite USACE
office should assess the security vulnerability of the site and the risk that the specific HAZMAT
posses onsite prior to physical transportation. Procedures outlined below will determine whether
the USACE office should develop a security plan to address the security of the HAZMAT during
pre-transportation phases when the HAZMAT is onsite. Security plans, where applicable, are
required as soon as practicable following publication of this ETL 1110-1-502.
d. Procedure. The following procedure will be followed for USACE shipments of DOT
regulated HAZMAT in accordance with 49 CFR 172, Subpart I.
(1) The USACE office should make a determination and assess the vulnerability of the
site with respect to the HAZMAT expected to be offered for transport by the contractor. If the
assessment reveals that the specific material poses insignificant risk during the pre-transportation
handling on-site, this should be documented and all site employees involved in the pre-