Article

Proof of training

The most recent edition of NFPA 58 requires documentation of training of certain personnel in the propane industry.

Under Section 4.4 of the 2008 edition of NFPA 58, it states: “Persons who transfer liquid LP gas, who are employed to transport LP gas, or whose primary duties fall within the scope of this code shall be trained in proper handling procedures. Refresher training shall be provided at least every three years. The training shall be documented.” 

For clarification, Section A.4.4 of the same code edition goes on to state, “The term refresher indicates that the periodic training could be less intensive than the original training, whose primary purpose is to reinforce initial training rather than repeat it.”

These two provisions have been modified over the years. The most recent change was in 2001 when the three-year refresher training provision was added.

These provisions have developed some controversy over the years among industry members and in the course of lawsuits among the lawyers.

What kind of documentation of training is not specified? Theoretically, an employee could complete a class and confirm this in a note to his personnel file. This meets the literal requirements of this code provision. However, in my view, if a certificate is available for attending a class, it should be obtained, even if there is an added cost. If the training is worth completing, it is also worth obtaining the official proof of that training. As an example, my clients would expect me to have documented proof that I am a licensed lawyer able to practice law. They may want to see my law license or certificate of graduation from law school, or both. I doubt they would feel comfortable if I showed them a file note confirming that I had obtained the law degree and license.

Refresher training is discussed in the official commentary of the handbook to the NFPA 58 Code of 2008. Refresher training on a three-year cycle is not complete retraining of employees and is not what this part of the code requires. The refresher training need only cover normal job functions, new equipment and procedures since the last training, and the company operating procedures that impact the employee’s job.

This is especially true for employees who, on occasion, are called on to do certain tasks outside their normal job function. An example used in the handbook is an employee who usually functions as a bobtail driver and, on occasion, fills in to refill cylinders at the bulk plant. Refresher training on filling cylinders may make sense to reinforce the knowledge of this employee in refilling cylinders.

There are certain employees of the typical propane operation who are not required to meet this training requirement of the code. For instance, it does not apply to drivers of propane-powered industrial trucks who exchange fuel cylinders and office workers in a propane plant who aren’t involved in transferring or delivering propane.

On-the-job training, Web-based training, periodic safety meetings, review of written training materials and attendance at training schools offered by suppliers, various associations or review of DVD or video are all acceptable. The code simply requires that the training be documented. So when these forms of training are used to meet the code requirements, document them in the employee’s personnel file or a company training folder.

Speaking now as a trial lawyer, I can tell you that the proof of initial training and refresher training is helpful when representing clients in industry-related lawsuits.