News Release

FAQ: How do I maintain social distancing when exchanging HazMat shipping papers?

Under the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA), no physical contact between parties is required during the creation, review, certification, and exchange of shipping papers created to accompany consignments of hazardous materials (HazMat).

Shipping papers may be exchanged by any of the following methods:

  • Attach the document to a clipboard, place it on a table, and step away while the paper is signed.
  • Send the document via email or other means of electronic transmission.

Q: Does that second bullet point, “send the document via email or other means of electronic transmission.” mean an electronic version of the shipping paper will suffice and the driver does not require a paper copy in his/her possession during transportation?

A: No. The language of USDOT/PHMSA’s notice is unclear and can be misleading. The HMR at 49 CFR 172.201(a)(5) allow for an electronic shipping paper only for consignments of HazMat transported by rail and §177.817(e) requires the driver of the motor vehicle to maintain a paper copy of the shipping paper when the HazMat is in transportation. I believe what USDOT/PHMSA means here is that a shipper may prepare a shipping paper and email it to the carrier who may then print, sign as a representative of the shipper (this is discussed later in the notice), and maintain a paper copy during transportation.

Social Distancing Sign

Photo by LOGAN WEAVER on Unsplash

What about the shipper’s certification statement?

§172.204(d) of the HMR indicates the shipper’s certification on a shipping paper,

Must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent; and may be legibly signed manually by typewriter, or by other mechanical means.

The person signing the shipper’s certification statement may be an agent of the shipper, this may be an employee of the carrier.  The driver may sign the certification statement as an agent of the shipper if he/she has direct knowledge that the materials are in proper condition for transportation (LOI 11-0201).

The shipper may request a person – e.g., the driver – to sign the shipping paper on its behalf.  This request may be made verbally or in writing and may be transmitted electronically (e.g., text message or email).

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Using the methods outlined above, it is possible for shippers and carriers to satisfy the safety requirements of the HMR while maintaining appropriate social distancing

Read the notice from USDOT/PHMSA on the HazMat Shipping Paper and Social Distancing

USDOT/PHMSA Assistance to Public During COVID-19

During the COVID-19 Pandemic and the public health emergency it has caused, the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) has issued a notice of the assistance it is providing to pipeline operators and hazardous materials stakeholders until the emergency declaration is lifted.  The documents describing that assistance are identified below. (more…)

FAA Proposes Civil Penalties Against Amazon for Alleged Violations of HazMat Transportation Regulations

The Bullet:

The Federal Aviation Administration (FAA) alleges that Amazon, Inc. violated USDOT regulations for the transportation of hazardous materials by air on several occasions.  It has proposed fines as a civil penalty for those alleged violations.

The information for this article regarding the alleged violations is derived from three FAA press releases.  Links to these press releases are at the end of this article.
Who:

Amazon.com, Inc., often referred to as simply Amazon, is an American electronic commerce and cloud computing company with headquarters in Seattle, Washington. Wikipedia

The Federal Aviation Administration (FAA) is the national aviation authority of the United States, with powers to regulate all aspects of American civil aviation. These include the construction and operation of airports, the management of air traffic, the certification of personnel and aircraft, and the protection of US assets during the launch or reentry of commercial space vehicles.  Wikipedia

Federal Aviation AdministratinoThe FAA is one administration or bureau of many within the U.S. Department of Transportation.  Another USDOT administration, PHMSA or the Pipeline and Hazardous Materials Safety Administration, is responsible for all regulations regarding the transportation of hazardous materials in commerce within the U.S.  In this situation the FAA is the investigation and enforcement agency for the PHMSA Hazardous Materials Regulations (HMR).

Unmentioned in the press release is an international agency Logo of the International Air Transport Associationknown as IATA, the International Air Transport Association, and its Dangerous Goods Regulations.  IATA is a creation of the airline industry – not of any government body – to set standards and regulate all transportation by air.  Its Dangerous Goods Regulations, though not officially adopted by PHMSA, is based on – and even a little more strict than – the Technical Instructions of the International Civil Aviation Administration (ICAO).  The ICAO Technical Instructions are adopted by PHMSA

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What:

FAA alleges that in three separate incidents dating from 2014, Amazon did not comply with the HMR.  Though each incident involved different hazardous materials (from acid drain cleaners to a compressed gas) and different outcomes (injured UPS employees, leaking packages), the alleged violations were sadly similar.  They include:

  • Not classifying the intended shipments to determine if they were a hazardous material as defined at 49 CFR 171.8.
  • Not using the authorized packaging for the HazMat.  Authorized packaging is identified for each HazMat in part 173 of the HMR, referenced from column 8 of the Hazardous Materials Table at §172.101.
  • Not using packaging designed, manufactured, tested, and marked to indicate it meets the United Nations packaging standards.
  • Packages offered for transport were not marked or labeled to indicate the contents and its potential hazards.  The package marking and labeling requirements are at §172, subpart D and E, respectively.
  • Not preparing and providing to the carrier (Fed Ex or UPS) two copies of the shipping paper which is meant to describe the entire hazardous materials shipment.  One of the press releases refers to the Shipper’s Declaration of Dangerous Goods, which is the name for a shipping paper used exclusively by IATA.
  • Failing to provide emergency information.  Actually, a shipper of HazMat is required to provide two separate types of emergency information on or with the shipping paper.  Required emergency information includes:
    • Emergency Response Information that provides emergency responders and trained HazMat Employees critical information in the first few minutes of a spill, fire, or other HazMat incident.  Read:  The Shipper Must Provide Emergency Information.
    • Emergency Response Telephone is a phone number to call 24/7 whenever a HazMat is in transportation.  Its purpose is to provide emergency responders and trained HazMat Employees with immediate contact with a person who is knowledgeable about the hazards of the shipment and has basic emergency response awareness.  Read:  Providing the Emergency Response Phone Number.
    • “Amazon employees who handled the package had not received required hazardous materials training.”  You’ll forgive my bias but this is the big one.  Not providing initial and triennial HazMat Employee Training is bad enough.  But, if done right, training would have provided Amazon employees with the information and the tools necessary to properly classify and package the HazMat, apply the correct HazMat labels and markings, and complete the Shipper’s Declaration of Dangerous Goods – with the applicable emergency information.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

The three proposed civil penalties are:

  • $350,000 for alleged violations of October 15, 2014
  • $78,000 for alleged violations of May 24, 2014
  • $52,000 for alleged violations of June 2, 2014
Where/When:
  • In a press release dated June 15, 2016, FAA alleged:  on October 15, 2014 Amazon offered to United Parcel Service (UPS) a package containg a one-gallon container of “Amazing! LIQUID FIRE,” a corrosive drain cleaner for transport from Louisville, KY to Boulder, CO.
  • In a press release dated June 22, 2016, FAA alleged:  on June 2, 2014, Amazon offered UPS a non-specification cardboard box containing a flammable gas for air transportation from Whitestown, IN to Glendale, CA.
  • In a press release also dated June 22, 2016, FAA alleged:  on May 24, 2014, Amazon offered Federal Express (FedEx) two cardboard boxes containing corrosive rust stain preventer for air transportation from Plainfield, IL to Davenport, FL.
Why:

Transportation of dangerous goods by airThe purpose of the HMR is to ensure the safe transportation in commerce of hazardous materials.  One of the responsibilities of the FAA is to ensure that HazMat transported by air within the U.S. is done in compliance with the HMR and the IATA Dangerous Goods Regulations.

Amazon has a history of violating the Hazardous Materials Regulations.  From February 2013 to September 2014 alone, Amazon was found to have violated the Hazardous Materials Regulations 24 other times.  FAA press release of June 13, 2016
How:

The FAA has the authority to enforce the Hazardous Materials Regulations of PHMSA when the mode of transportation is by aircraft.  The FAA will, in addition, enforce the IATA DGR if it is used within the U.S. by a carrier or shipper.

In 2015, the FAA handed out more than $4.5 million in civil penalties for improper shipments of hazardous materials aboard airplanes, up from $3.4 million in 2014.  Dallas Morning News
Conclusion:
  • Don’t assume that big companies have huge budgets to spend on regulatory compliance and therefore have all the answers when it comes to shipping HazMat.  Unless they have personnel dedicated to researching the regulations, and staying on top of new regulations – such as those for the transportation of lithium batteries – they can be just as in the dark as a small start-up.
  • One mainstream news article on this issue quoted an expert who stated regarding Amazon, “Before, when they were smaller, they didn’t have to make as many distinctions between ground and air.”  In fact, the Hazardous Materials Regulations of PHMSA apply to these HazMat no matter how they are transported in commerce (air, rail, highway, or vessel).  It’s just that the regulations for transportation by air are more strict than those by highway and rail (the regulations for transportation of HazMat by vessel are also pretty strict, just not as strict as those by air).
  • Another mainstream media article referred to these hazardous materials in these instances as “prohibited dangerous goods…”.  Without more information on the actual hazardous material and the volume of their packaging, it is impossible to know if it is “prohibited” for transportation by air or merely subject to the requirements of the HMR.  Many hazardous materials – including Class 1 explosives – may be transported by air if they are correctly classified, packaged, marked and labeled, and a shipping paper is prepared with the necessary emergency information.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
More Information:

Safety Alert From PHMSA – Operation Classification for Bakken Region Crude Oil

Recent derailments and resulting fires indicate that the type of crude oil being transported from the Bakken region may be more flammable than traditional heavy crude oil

The above determination was made by the USDOT Pipeline and Hazardous Materials Safety Administration (USDOT/PHMSA) based on preliminary inspections conducted after recent train derailments in North Dakota, Alabama, and Lac-Mégantic, Quebec; each of which involved Bakken crude oil.

(more…)

Leaking Hazardous Material in Transportation Results in HazMat Incident, but was it Reported?

The discovered leak of toluene and xylene from a 55-gallon drum transported by Wisconsin highway in February 2014 was reported and contained with, “…no real danger to life and health” according to Fire Chief of the responding community.  While that is certainly something to be thankful for, it then remains to determine if the HazMat Incident Reporting requirements of the PHMSA/USDOT were followed.

By reviewing the information available regarding the leak and the Hazardous Material Regulations, we will be able to determine if the correct HazMat Incident Report(s) were filed.

(more…)

Heritage-Crystal Clean Pays Civil Penalty of $4,680 for Violations of the Hazardous Material Regulations

By this Order I find Heritage-Crystal Clean, LLC committed two (2) violations of the Hazardous Materials Regulations (HMR), 49 C.F.R. Parts 171-180. Accordingly, I assess Respondent a $4,680 civil penalty for the violations.

I. Summary
Respondent: Heritage-Crystal Clean, LLC
950 Northland Boulevard
Cincinnati, OH 45240
ATTN: Ms. Catherine McCord, Vice President
No. of Violations: 2
Total Payment Due: $4,680

II. Finding
This matter comes before me after Respondent and the Pipeline and Hazardous Materials Safety Administration (PHMSA) agreed to a disposition of this case. I find Respondent committed the violations described in the Compromise Agreement (Agreement), which I have attached hereto. I have reviewed the Agreement and I find that the terms as outlined therein are in the best interest of justice. The Agreement, in its entirety, is incorporated in and attached to this Order. All of the terms and conditions of the Agreement shall be given the full force and effect of an Order issued pursuant to the Federal hazardous materials transportation law, 49 U.S.C. § 5101, et seq., or the Hazardous Materials Regulations, 49 C.P.R. Parts 171- 180.

Read the Final Order

A situation like this reinforces a point I made in an earlier article, Do Big Companies Know the Regulations?  That is, that big companies, even those with names you recognize, frequently violate the Hazardous Material Regulations  of the USDOT/PHMSA through ignorance of the regulation.  So don’t rely on a “Big Company” when your compliance with the regulations are at stake.  Make certain you have the training and the knowledge necessary to ensure compliance with the regulations.  Please contact me with any questions.

D & M Propane Assessed Civil Penalty of $6,000 for two Violations of the Hazardous Material Regulations

By this Order, I find that D & M Propane (Respondent) committed two (2) violations of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $6,000 civil penalty.
On July 29, 2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $6,000 civil penalty for two (2) violations of the HMR. On August 27,2013, Respondent submitted a payment in the amount of $6,000. By paying the full amount ofthe civil penalty proposed in the Notice, Respondent admitted the violations as alleged in the Notice (49 CFR § 107 .315).
Therefore, I find that Respondent committed the violations as set forth in the Notice.
These violations shall constitute a prior violation under 49 U.S.C. § 5123 in the event Respondent commits any future violation of the Federal hazardous materials transportation law, 49 U.S.C. § 5101 et seq., or the HMR.
By paying the proposed civil penalty, Respondent waived all rights to further respond to the Notice and to appeal this Order. Accordingly, PHMSA accepts Respondent’s August 27,2013 payment in full satisfaction of the civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.

Read the Final Order

As both a Shipper and Carrier of a hazardous material, D & M Propane is subject to more of the HMR than a company that operates solely as one or the other.  My Onsite Training can be directed toward a Shipper or Carrier, or a company that does both.

Hennepin County Medical Center pays $8,795 Civil Penalty for Four Violations of the HMR

By this Order, I find that Hennepin County Medical Center (Respondent) committed four (4) violations of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $8,795 civil penalty.
On September 10,2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $8,795 civil penalty for four (4) violations of the HMR. On September 24, 2013, Respondent submitted a payment in the amount of $8,975. By paying the full amount of the civil penalty proposed in the Notice, Respondent admitted the violations as alleged in the Notice (49 CFR § 107.315).
Therefore, I find Respondent committed the violations as set forth in the Notice.
These violations shall constitute a prior violation under 49 U.S.C. § 5123 in the event Respondent commits any future violation of the Federal hazardous materials transportation law, 49 U.S.C. § 5101 et seq., or the HMR.   By paying the proposed civil penalty, Respondent waived all rights to further respond to the Notice and to appeal this Order. Accordingly, PHMSA accepts Respondent’s September 24, 2013 payment in full satisfaction of the civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.

Read the Final Order.

Even minor violations of the HMR can result in significant civil penalties, as in this case.  A good defense against violations, enforcement actions, and civil penalties is training.  HazMat Employee Training.  MY HazMat Employee Training, to be precise.  Contact me with questions about the HMR or to schedule your Onsite HazMat Employee Training.

$7,775 Civil Penalty Paid by Flow Chem Technologies for Violations of the HMR

By this Order, I find that Flow Chem Technologies, LLC (Respondent) committed five (5) violations of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $7,775 civil penalty.
On July 16, 2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $7,775 civil penalty for five (5) violations of the HMR. On August 6, 20 13 Respondent submitted a payment in the amount of $7,775. By paying the full amount ofthe civil penalty proposed in the Notice, Respondent admitted the violations as alleged in the Notice (49 CFR § 107.315).
Therefore, I find Respondent committed the violations as set forth in the Notice. These violations shall constitute a prior violation under 49 U.S.C. § 5123 in the event Respondent commits any future violation of the Federal hazardous materials transportation law, 49 U.S.C. § 5101 et seq., or the HMR.
By paying the proposed civil penalty, Respondent waived all rights to further respond to the Notice and to appeal this Order. Accordingly, PHMSA accepts Respondent’s August 6, 2013 payment in full satisfaction of the civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.

Read the Final Order.

HazMat Employee Training can help to prevent violations of the HMR and penalties such as these at a fraction of the cost.  Contact me to schedule training for your HazMat Employees to ensure compliance with the Hazardous Material Regulations of the USDOT/PHMSA.

 

Interstate Chemical Company, Inc. Assessed $2,531 Civil Penalty for Violation of the Hazardous Materials Regulations

By this Order, I find that Interstate Chemical Company, Inc. (Respondent) committed one (1) violation of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $2,531 civil penalty.

On September 3, 2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $2,531 civil penalty for one (1) violation of the HMR. On September 27, 2013, Respondent submitted a payment in the amount of $2,531. By paying the full amount of the civil penalty proposed in the Notice, Respondent admitted the violation as alleged in the Notice (49 CFR § I 07.315).

Therefore, I find Respondent committed the violation as set forth in the Notice. This violation shall constitute a prior violation under 49 U.S.C. § 5123 in the event Respondent commits any future violation of the Federal hazardous materials transportation law, 49 U.S.C. § 5101 et seq., or the HMR.

By paying the proposed civil penalty, Respondent waived all rights to further respond to the Notice and to appeal this Order. Accordingly, PHMSA accepts Respondent’s September 27, 2013 payment in full satisfaction ofthe civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.

Read the Final Order.

Though the violation of the HMR is not included in the final order, It is my opinion that proper HazMat Employee Training could have prevented this unfortunate incident.  Contact me with any questions you may have about the hazardous materials regulations of the PHMSA, including the requirement to provide triennial training for your HazMat Employees.