By Andy Altemos, Senior Technical Advisor    July, 2007

Requirements for Security Plans – Can an Electronic Format Comply?  

Section 172.802,
letter dated May 16, 2007,
to Ms. Susan K. Leith,
Air Products and Chemicals, Inc.

Paragraph 172.804(b) of the Hazardous Materials Regulations (HMR) provides requirements for the form, retention, availability, and updating of hazardous materials security plans. In particular, and as it relates to this DOT interpretation letter, this paragraph requires that the plan be in writing and that it be retained for as long as it remains in effect. In addition, the rules require that “the security plan, or portions thereof, must be available to the employees who are responsible for implementing it, consistent with personnel security clearance or background investigation restrictions and a demonstrated need to know.”

In this letter response DOT (PHMSA) states that a security plan posted on a company’s intranet that is “accessible to company employees and readily printed if necessary” would be in compliance with the requirements in § 172.802(b). This interpretation is useful in terms of clarifying the intent of requirements in that paragraph that the plan be in writing and be “available to the employees who are responsible for implementing it”. However, it also could raise certain questions regarding compliance with other provisions in that paragraph - in particular, the condition that the plan only be made available to employees “consistent with personnel security clearance or background investigation restrictions and a demonstrated need to know.” Therefore, further assessment of the suitability of a company intranet for this purpose may be in order - notwithstanding the interpretation offered in DOT’s letter.

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