I am only one of many companies that provide HazMat Employee training.  Of course, I highly recommend my services, but how are you to know if I’m the right trainer for you?  One way is to check out my website to review the information there.  Another is to contact me for a free consultation on your training needs.  A third way, and the point of this article, is to ask the following questions of any prospective training provider; their answers – as compared to mine – will help in making your decision.  You may also be interested in another article of mine:  8 Questions to ask Your RCRA Training Provider.

1.  How do I identify my HazMat Employees?

A:  I have found that most companies do not identify all of their HazMat Employees to begin with and therefore fail to train adequately.  A HazMat Employee is defined at 49 CFR 171.8, and includes a person who in the course of employment directly affects hazardous materials transportation safety.  Please read here for a complete description of who is a HazMat Employee at your facility.

2.  What are the regulations that require training of HazMat Employees?

A:  the regulations for HazMat Employee training can be found at 49 CFR 172, Subpart H.

3.  Does your HazMat Employee training include a test?

A:  The answer should be ‘Yes’.  49 CFR 172.702(d) requires testing as a part of HazMat Employee training.

4.  Is this training required by the US Department of Transportation (DOT) or the Pipeline and Hazardous Materials Safety Administration (PHMSA)?

A:  A trick question, the PHMSA is actually the administration within the DOT that is responsible for the domestic transportation of hazardous materials (and all materials by pipeline).  I’d give them a pass if they say DOT, but PHMSA is the better answer.

5.  Are you, or is your HazMat Employee training, certified by the DOT/PHMSA?

A:  The correct answer is ‘No’.  Neither the PHMSA nor the DOT “certifies” a training provider or training material.

6.  Will you certify or ensure that my HazMat Employees are adequately trained and tested?

A:  It is a little-known, but critical, fact that 49 CFR 172.702(a) & (d) requires the HazMat Employer (that’s you) to ensure their HazMat Employees are adequately trained and tested, not the training provider.  The correct answer is, “Yes, I provide the training and testing; you as the HazMat Employer ensure it is adequate.”

7.  How often is HazMat Employee training required?

A:  An easy one.  Initial training must be provided for new HazMat Employees (either recent hires or newly assigned job duties) within 90 days of employment, and they must be supervised by trained personnel in that time.  Recurrent training must take place at least once every three years (triennially) per 49 CFR 172.704(c).

 8.  What recordkeeping is required for HazMat Employee training?

A:  The correct answer to this question is very important since improper training recordkeeping is one of the top violations issued to HazMat Employers.  The HazMat Employee training recordkeeping requirements can be found at 49 CFR 172.704(d), and include:

1. The HazMat Employee’s name.
2. The most recent training completion date.
3. A description, copy, or location of the training materials.
4. Name and address of the training provider.
5. Certification of training and testing.

9.  What subjects must HazMat Employee training include?

A:  The requirements for HazMat Employee training content are documented at 49 CFR 172.7o4(a), and include:

1. General Awareness/Familiarization Training
2. Function Specific Training
3. Safety Training
4. Security General Awareness Training
5. In-Depth Security Training (if applicable)

 Read here for a more complete explanation of the required training content for HazMat Employees.

10.  What training is required for HazMat Employees who transport hazardous materials over a public roadway?

A:  A person who transports any quantity of a hazardous material over a public roadway must receive HazMat Training as indicated in #9 above and must receive driver training per 49 CFR 177.816.  The maintenance of a Commercial Drivers License (CDL) with the HazMat endorsement may suffice in lieu of this training for some drivers.  Read here for a more thorough explanation of the training requirements for HazMat drivers.

11.  Are you a lawyer?

A:  I have nothing against lawyers, and in some situations, their services are invaluable.  However, they don’t always make the best trainers because their experience has been interpreting the regulations and their legal justification instead of what you must do to comply with them.  My experience prior to starting this business has been “on the shop floor”:  driving a truck, handling hazardous waste, completing weekly inspections, conducting agency inspections, preparing shipping papers, and more of the like.  I feel my job as a trainer is to reveal the regulations and teach you methods of compliance I have learned over the years, not the Genesis of the regulations.  At my training you’ll learn how to do your job, not why you have to do it.

I could go on, but these are the big ones.  Incorrect answers to the above, or a “huh?” are warning signs telling you to look elsewhere for your training provider.  As I indicated above, I am willing to answer any questions you may have about HazMat Employee training, or the other training service I provide:  RCRA training for hazardous waste personnel.  I complete both training requirements (HazMat Employee and RCRA) in one day, either at an open enrollment training event or as on-site training.  Either way, it is great training at a great price.

In a Final Rule issued 3.2.11 and effective 5.2.11 the Department of Transportation (DOT) added a new part (49 CFR 109) to its existing enforcement procedures found in 49 CFR 107, Subpart D.  This new part specifies the procedures DOT enforcement officials will follow to complete inspections of hazardous material packages.  It is important that your HazMat Employees are properly trained to avoid the kinds of mistakes that may result in a DOT investigation of your packages in shipment.

There are several administrations within the DOT that are empowered to make investigation of hazardous material packages in domestic transportation, they are:

• Federal Aviation Administration (FAA)
• Federal Motor Carrier Safety Administration (FMCSA)
• Federal Railroad Administration (FRA)
• Pipeline and Hazardous Materials Safety Administration (PHMSA)
• US Coast Guard (actually part of the Department of Homeland Security)

An investigator of any of these administrations, and the Coast Guard, may halt the transportation of a hazardous material package and direct it to an examination facility, interview persons and gather information to determine the contents,and open outer packages or overpacks to inspect inner packages or packaging components.  At the close of its investigation the inspector may reclose the package and return it to transportation.

An investigator may take any or all of the above actions whenever he/she believes that a hazardous material package, or a package they believe to contain hazardous materials, does not comply with the regulations of the DOT.  If an imminent hazard is believed to exist or a package is found to be non-compliant the investigator has the authority to issue an out-of-service order prohibiting the further transportation of the hazardous material until it is returned to compliance.

The new regulations also allow the DOT to issue emergency orders as restrictions, prohibitions, recalls, and out-of-service orders without advanced notice or a hearing if it determines an imminent hazard exists or the hazardous material transportation regulations have been violated.

And what are regulations without enforcement?  Punitive damages and civil penalties (eg. $$money$$) may be issued if violations are found.

What this means to you is that your shipment of hazardous material – including hazardous waste – may be stopped, opened, inspected, and halted in transportation if a violation is found.  This could have an impact on your sales, but also your compliance with the Environmental Protection Agency (EPA) regulations regarding hazardous waste.  Proper packaging, labeling, and marking of a hazardous waste for shipment is a requirement of the EPA as well as the DOT and a violation of one’s regulations may be the violation of the others.

So do everything you can to ensure your shipments of hazardous materials and hazardous waste are in compliance with the regulations of both the DOT and the EPA (not to mention state-specific regulations).  The best way to do this is to attend one of my training events.

My training comes in two formats (web-based is not yet available) they are:

• Open enrollment training held nationwide and year-round, and;
• On-site training brought to your door and tailored to your site-specific needs.

Whichever you choose, my training meets and exceeds the training requirements of both the EPA found at 40 CFR 265.16 and those of the DOT found at 49 CFR 172, Subpart H.  Both in one day!

Despite its frequent use in the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration (PHMSA) – which itself is one of thirteen administrations and bureaus within the U.S. Department of Transportation (USDOT) – the term “shipper” is not clearly defined in the HMR.  Yet if you offer for shipment a hazardous material (i.e. arrange for a carrier to transport it from your site to its final destination), then your actions characterize you as a shipper and subject you to all the applicable requirements of the HMR.

The purpose of this article is to identify, describe, and clarify the use of the term shipper in the Hazardous Materials Regulations of the USDOT/PHMSA. (more…)

(Boston, Mass. – Feb. 17, 2012) – A Rhode Island company that conducts printing, coating and finishing of specialty fabrics has been ordered by EPA to come into compliance with federal hazardous waste management regulations.

Its violations include a failure to:

• Complete a hazardous waste determination for the waste it generates.
• Separate incompatible hazardous wastes.
• Provide adequate RCRA Training for its employees.
• Maintain a hazardous waste contingency plan.
• Properly manage and label its universal waste.

Usually I would harp on the failure to provide adequate RCRA Training since this sort of training is just what I do, actually it’s only part of what I do, but read on.  However, I’m going to conjecture that violations of the EPA regulations will inevitably result in violations of the Department of Transportation (DOT) hazardous material transportation regulations and possibly cause a hazardous materials incident; here’s how.

I’ll assume that as a printer, the Rhode Island company uses flammable liquids as solvents, thinners, cleaners, in its inks, etc.  It is quite possible that the hazardous waste determination failure was for materials such as these.  If so, what should be an ignitable hazardous waste with the characteristic waste code of D001, might be identified as a non-hazardous material.  This kind of mistake will then lead to the other hazardous waste violations noted in the press release.  But what about when the hazardous waste is shipped off-site for disposal or treatment, what then?

I’ll assume that this company is a Large Quantity Generator (LQG) of hazardous waste and therefore must use a Uniform Hazardous Waste Manifest for its off-site shipments of hazardous waste.  The use and proper completion of the manifest is a requirement of both the EPA and the DOT.  Therefore, an incomplete or missing hazardous waste determination may result in the improper completion of the manifest.  It may also result in the incorrect use of the remaining three hazard communication methods required by DOT for shipments of hazardous waste.  Along with the manifest as a shipping paper, they are:

1. Placards
2. Labels
3. Markings

Clearly, a violation of the EPA regulations to conduct a hazardous waste determination (40 CFR 262.11) can result in a violation of the DOT regulations when shipping hazardous waste.  And not just a violation of the regulations.  According to the DOT ~80% of hazardous material incidents in transportation are due to human error; another ~15% are due to package failure.  Errors may result not only in violations and fines, but serious personal injury or damage to property.

The solution?  One word:  Training.

I provide the training that addresses all of these issues and more; conducted either as open enrollment training held nationwide and year-round or as on-site training tailored to your site specific needs.  At my training you will learn the regulations of the EPA for facility personnel found at 40 CFR 265.16 and those of the DOT for HazMat Employees found at 49 CFR 172, Subpart H.

Contact me to arrange for training to bring you back into compliance and avoid these costly and dangerous violations.

If you offer for transportation a hazardous material (HazMat) on a shipping paper such as a bill of lading or a hazardous waste on the Uniform Hazardous Waste Manifest (required for both large and small quantity generators of hazardous waste) you must provide an emergency response telephone number for use in the event of an emergency.  I have found many shippers to be unaware of their responsibility regarding this matter as they rely on the carrier and/or designated facility to provide the information required by 49 CFR 172.604.

This article was updated November 01, 2019 to reflect changes made to the regulations since its first publication on March 27, 2012.

The purpose of the emergency response telephone number is that it be a source of helpful information for emergency responders in the event of a HazMat Incident, therefore the number must be:

• Monitored at all times the hazardous material is in transportation until it reaches its designated facility and is removed from transportation.

And…

• The number of a person who is knowledgeable of the HazMat being shipped and has comprehensive emergency response information and incident mitigation information for that material.

Or…

• Has immediate access to a person who has such knowledge and information.  Telephone numbers that require a call back such as an answering service, beeper, or answering machine will not suffice (LOI 01-0176).

This knowledgeable person monitoring the telephone 24/7 (if necessary) is known as the Emergency Response Information Provider or the ERI Provider.

It is important that the emergency response telephone number is clearly visible in the event of an emergency, therefore the number must be written on the shipping paper:

• Immediately following the description of the hazardous material (this would be Section 9b of the Uniform Hazardous Waste Manifest).
• Entered once on the shipping paper in a “prominent, readily identifiable, and clearly visible manner…”  This can be done by using a larger or differently colored font, highlighting, or otherwise setting the number apart.  It must also be indicated on the shipping paper that the number is for emergency response information (e.g., “EMERGENCY CONTACT ###”).  This option can only be used if the number applies to each hazardous material on the shipping paper.  Section 3 of the Uniform Hazardous Waste Manifest may be used to fulfill this requirement.

Unfortunately some shippers and carriers were using the phone numbers of ERI Providers that they had not registered with to provide such service and in an emergency first responders were not able to obtain the necessary information from the ERI Provider.  For this reason, effective October 1, 2010, some form of identification of the person who has registered with the ERI Provider must be included on the shipping paper.  Note that the name of the ERI Provider is not required to appear on the shipping paper, merely their phone number (LOI 11-0152, LOI 10-0262).  However the name of the person that has contracted or registered with the ERI Provider to perform this service must be identified on the shipping paper.  Identification can be by name, contract number, or other unique identifier of the ERI Provider for the registrant and it must be near the emergency response telephone number unless it appears elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner.

So, if the person offering the hazardous material for shipment is also the ERI Provider, their name or some other acceptable means of identification must appear prominently and clearly on the shipping paper.  For the Uniform Hazardous Waste Manifest this is accomplished by proper completion of Section 5.  If a 3rd party is contracted to be the ERI Provider then some identification linking them to the registrant (name, contract number or other unique identified of the ERI Provider) must be clearly visible on the shipping paper (LOI 10-0146).  This information could be recorded in Section 14 of the Uniform Hazardous Waste Manifest.

If using a 3rd party, it is the responsibility of the person registered with the ERI Provider to ensure they have the current information on the material before it is offered for shipment.  This is especially important for hazardous waste shipments as the wastes may be different for each pickup.

49 CFR 172.604(b) can be difficult to read and understand (It was much more challenging for me than I thought it would be) but the intent is clear:  some information linking the ERI Provider to the person offering the hazardous material for shipment must be clearly visible on the shipping paper for emergency responders to find.  As of June 2011, the Agency was aware of the confusing text of this regulation and will be taking steps to clarify it (11-0008).

For telephone numbers outside the US, the international access code or the “+” sign, country code, and city code as appropriate must be included.

If preparing shipping papers for the continued transportation of a hazardous material, it is the responsibility of the subsequent offeror to ensure if the original or previous emergency response telephone number is authorized for that shipment.  In such a situation, the subsequent offeror may choose to use their own ERI Provider (11-0005).

The requirement to include an emergency response telephone number do not apply to:

1. Limited Quantities offered for transportation pursuant to 49 CFR 173.150-156 & 173.306.
2. Transportation vehicles or freight containers with lading that has been fumigated and displays the FUMIGANT marking, as long as no other hazardous materials are present.
3. Materials properly described under the following shipping names:

• Battery powered equipment.
• Battery powered vehicle.
• Carbon dioxide, solid.
• Castor bean, castor flake, castor meal, or castor pomace.
• Consumer commodity.
• Dry ice.
• Engines, internal combustion.
• Fish meal, stabilized or fish scrap, stabilized.
• Refrigerating machine.
• Vehicle, flammable gas powered.
• Vehicle, flammable liquid powered.
• Wheelchair, electric.

Prior to your next shipment, ensure that you are in compliance with these important regulations.  Significant penalties will be assessed if the emergency response telephone number for a shipment of your hazardous waste or hazardous material is discovered to be incorrect or incomplete during a hazardous material incident or emergency.  You must also ensure proper training of your HazMat Employees and the employees of a Large Quantity Generator of hazardous waste who handle the waste, including preparing it for shipment or signing the Uniform Hazardous Waste Manifest.  Please contact me to schedule on-site training.

Effective January 3, 2012 (Volume 76 75470-75488 of the Federal Register) drivers of Commercial Motor Vehicles (CMV) are prohibited from texting or using a hand-held mobile telephone while driving.  The change affects the regulations of both the Federal Motor Carrier Safety Administration (FMCSA), which apply solely to interstate transportation (between two or more states), and those of the Pipeline and Hazardous Materials Safety Administration (PHMSA), which apply to both interstate and intrastate transportation of placarded loads of hazardous materials.

For the purposes of the FMCSA regulations at 49 CFR 392.80 & 392.82 the ban applies to the following engaged in interstate commerce:

•  A gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
• A vehicle designed or used to transport more than 8 passengers (including the driver) for compensation; or
• A vehicle designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
• A shipment of hazardous materials that requires placarding pursuant to 49 CFR 172, Subpart F.

For the purposes of the PHMSA regulations at 49 CFR 177.804, which refer you to the FMCSA regulations, the ban applies to the following engaged in interstate and intrastate commerce:

• A shipment of hazardous materials that requires placarding pursuant to 49 CFR 172, Subpart F or any quantity of a material listed as a select agent or toxin by the Department of Health and Human Services at 42 CFR part 73.

Both agencies define prohibited activities as follows:

• Driver of the vehicle may not use a hand-held mobile phone or text while driving, nor may the employer allow such activity.
• “Driving” includes temporary stops for traffic jams, at a traffic light or sign, or if you are not pulled off the highway and halted in a safe manner.
• Prohibited texting includes but is not limited to:  Short Message Service (SMS), Instant Messaging (IM), e-Mailing, accessing the internet, any other form of electronic text retrieval.
• Prohibited use of a hand-held mobile telephone includes:

1. Holding a mobile telephone while communicating by voice.
2. Dialing by pressing more than one button.
3. Reaching for a mobile phone in an unsafe or unacceptable manner (see 49 CFR 393.93).

But you need to communicate, right?  So what’s a driver to do?  Here are some options to remain compliant and in-touch:

• Texting & use of hand-held telephone while driving is OK when necessary to communicate with law enforcement or emergency services.
• Texting & use of hand-held telephone is OK in a vehicle with or without the motor running when on the side of, or off, the highway and halted in a location where the vehicle can safely remain stationary.
• Use an acceptable hands-free telephone that the driver can access safely and operate solely by pushing one button.

In addition to the above Federal regulations, the use of mobile communication devices are regulated, and in many cases banned, by State laws and local ordinances.

If you transport any quantity of a hazardous material in commerce, no matter whether it is required to be placarded or not, you are a HazMat Employee and require triennial training pursuant to 49 CFR 172, Subpart H.

Contact me to schedule the required training for all of your HazMat Employes.

49 CFR 172, Subpart H requires a HazMat Employer to train all of their HazMat Employees every three years on the following topics:

• General Awareness/Familiarization
• Function Specific Responsibilities
• Safety/Emergency Response
• Security General Awareness
• In-Depth Security (if applicable)

49 CFR 171.8’s definition of a HazMat Employee includes, “Operates a vehicle used to transport hazardous materials.”  Thus, a driver of a motor vehicle transporting any quantity of a hazardous material in commerce over a public roadway is a Hazmat Employee and must receive full training triennially.  There is some confusion on this point as some motor carriers incorrectly believe that the HazMat Employee training requirements apply only if they transport an amount of HazMat that mandates placarding of the vehicle.  The transportation in commerce of any hazardous material, unless excluded by regulation, such as Materials of Trade and some Combustible Liquids, is subject to the HazMat Employee training requirements.

In addition, 49 CFR 177.816 requires HazMat Employees who will operate a motor vehicle to be trained in the applicable requirements of 49 CFR parts 390 – 397 and safe operating procedures for that motor vehicle.  Training must include:

• Use of vehicle controls and equipment, including operation of emergency equipment.
• The basic and advance methods for safe operation of the vehicle in any situation or environment the driver may find themselves.
• Procedures for maneuvering tunnels, bridges, and railroad crossings.
• Vehicle attendance requirements and incident reporting.
• Loading and unloading of materials, including –
  • Hazardous material compatibility and segregation requirements.
  • Handling of packages.
  • Securing packages on the vehicle.

In addition to the above “General Awareness Driver Training”, specialized training is required for drivers of cargo tanks or vehicles with portable tanks of >1,000 gallons, they must also have a state-issued commercial driver’s license (CDL) required by 49 CFR 383.  Specialized training shall include the following:

• Operation of emergency control features of the vehicle.
• Special vehicle handling characteristics.
• Loading and unloading procedures.
• Properties of the hazardous material being transported.
• Retest and inspection requirements for cargo tanks.

49 CFR 177.816(c) provides relief from this additional training requirement for drivers of vehicles transporting HazMat.  The requirements for both the General Awareness Driver Training and the Specialized Driver Training may be satisfied by the maintenance of a CDL with a Tank Vehicle or HazMat endorsement.

Note the “may be…”, as the Hazmat Employer the determination if the training and testing received by your HazMat Employees is adequate is your responsibility.  In other words, you are the one who must decide if the maintenance of the CDL with applicable endorsements is enough to meet the training requirements of 49 CFR 177.816(a) & (b).  I suggest you document this determination and maintain with your training records.

49 CFR 177.816(d) requires that the Specialized Driver Training must conform to the frequency of training requirements (within 90 days of employment and triennially thereafter) and recordkeeping requirements of 49 CFR 172.704 which applies to all HazMat Employees.  Again, it is up to you as the HazMat Employer to ensure compliance with this requirement, document your decision.

I provide HazMat Employee training for anyone involved in the transportation of hazardous materials – including hazardous waste – in a variety of formats.  Contact me for a free consultation so you can decide what training is required and what is best for you – and your drivers.

A HazMat Employee is a term used by the Pipeline and Hazardous Materials Safety Administration (PHMSA), one of several Administrations and Bureaus within the US Department of Transportation, to refer to any person involved in the transportation of hazardous materials in commerce.  A complete understanding of this term is necessary in order to comply with the PHMSA mandate to train all HazMat Employees.  The purpose of this article is to assist you in properly identifying your HazMat Employees so you can take the next step and ensure the required training is completed.

Before we begin to identify a HazMat Employee, I must differentiate this term from a similar sounding one used by the Occupational Safety and Health Administration (OSHA).  OSHA has its Hazardous Waste Operations – or HAZWOPER – regulations at 29 CFR 1910.120.  HAZWOPER addresses clean-up and corrective actions at uncontrolled hazardous waste sites or hazardous waste operations at Treatment Storage and Disposal facilities.  Training required by HAZWOPER regulations is sometimes referred to as:  HazMat Awareness, Hazardous Material Training, etc.  This is separate and distinct from the hazardous material transportation regulations of the PHMSA/DOT.

It is also necessary to understand two other terms from the regulations before we can understand the definition of a HazMat Employee.  Defined at 49 CFR 171.8, these two are:

“A HazMat Employer is someone who employs at least one HazMat Employee and transports or offers for transport a hazardous material in commerce.”

“A Hazardous Material is anything the DOT has determined may pose an unreasonable risk to health, safety, and property when transported in commerce.”  It includes many common materials, such as:  solvents, paints, cleaners, degreasers, resins, corrosive acids and bases, and more.

A full definition of a HazMat Employee can also be found at 49 CFR 171.8.  It includes the self-employed and those employed by others as full-time, part time, or temporary workers; anyone who in the course of doing their job directly affects hazardous materials transportation safety.  It also includes persons who:

• “Load, unload, or handle hazardous materials” – anyone involved in the transfer of a hazardous material from or to its means of transportation.  The transportation could be by air, vessel, rail, or highway.
• “Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.” – This includes the reconditioning of containers for reuse as hazardous material packaging.
• “Prepares hazardous materials for transportation.” – A wide range of pre-transportation activities may be completed by HazMat Employees long before a hazardous material begins transportation.  This might include selecting hazardous materials packaging and inspecting, labeling, or marking the packaging.  It also includes persons who prepares, reviews and/or signs a shipping paper like the Uniform Hazardous Waste Manifest.
• “Is responsible for safety of transporting hazardous materials.” – EHS Managers, Shipping and Receiving Supervisors, Dispatchers, Route Coordinators, persons who may never see a hazardous material, but are responsible for persons who do are HazMat Employees as well.
• “Operates a vehicle used to transport hazardous materials.” – Operators of a vehicle over a public roadway transporting hazardous materials (unless excepted from regulation) are HazMat Employees.  This does not include the transfer of a hazardous material across a public roadway if the road divides a single property.

For those of you not familiar with the DOT Chart 14, it is a fantastic guidance document produced and distributed by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the US DOT.  It contains helpful information on three of the four hazardous material communication methods required by the Hazardous Material Regulations (HMR):

• Markings,
• Warning Labels, and;
• Placards.

The missing HazMat communication method is:  Shipping Papers.

At just four pages, the DOT Chart 14 is not a comprehensive source of information, nor is it intended to be a substitute for the regulations; as it reads on the cover, “NOTE:  This document is for general guidance only and should not be used to determine compliance with 49 CFR, Parts 100-185.”  And don’t be misled by the translation to Spanish; the HMR requires all HazMat shipping papers, markings, warning labels, and placards to be in English.  The intent, I imagine, of this translated version is to assist you as the HazMat Employer to fulfill the requirement to provide full training to your Spanish speaking HazMat Employees every three years (49 CFR 172, Subpart H).

The DOT Chart 14, both English and Spanish, is available from the following sources:

• Download and print a color copy from the PHMSA website for free (English or Spanish),
• Purchase a copy from a commercial supplier, or;
• Purchase a copy directly from the PHMSA for much less than you’ll spend at a commercial supplier.

I have used the DOT Chart 14 as a part of my HazMat Employee training for years, going back to when it used to be known as the DOT Chart 12 and was produced by the Research and Special Programs Administration (RSPA), precursor to the PHMSA.  I strongly recommend its use to assist you in complying with the Hazardous Material Regulations at your facility.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) within the US DOT is tasked with enforcing the nations hazardous materials transportation regulations across all modes of transportation.  The unannounced inspections of its agents of the regulated community, ie. shippers, receivers, and transporters of hazardous materials, just like you; has been found to turn up a relatively stable crop of violations.  This article contains a descriptive list of the top six violations found by the PHMSA.

One thing these violations have in common (especially the first five) are their frequent applicability throughout the HazMat transportation industry.  If you ship or receive any hazardous materials at all, including hazardous waste, then you have a good chance of being subject to the first five of these potential violations.  The sixth one depends on the quantity and type of hazardous material you offer for shipment.

The source of the information for this list is a PHMSA Workshop I attended in St. Louis in August of 2011.  The trainers, who were all active PHMSA inspectors, reported that this list was determined from inspections completed by the Administration within the previous year.  I’m sure that the ranking of these violations may shuffle over the years, but it is my opinion that the violations listed below will always be near the top.

The top six violations of the Hazardous Material Regulations found during inspections by agents of the PHMSA are:

1. Improper HazMat Employee training record documentation:  An important distinction must be made here, the violation is not due to failure to complete training (see #2) or failure to document the training, but failure to properly document HazMat Employee training.  49 CFR 172.704(d) explains exactly what must be done in order to document the training in a form acceptable to the PHMSA.
2. Failure to train HazMat Employees:  Not unexpectedly, failure to provide initial and recurrent training for all HazMat Employees as specified in 49 CFR 172.704(c) is right at the top of the list.  If you ship or receive a hazardous material (ie. paint, resin, solvent, cleaners, fuel, corrosives, etc.) in commerce, then your HazMat Employees must be trained and tested within 90 days of new hire or change in employment (supervised by a trained employee during those 90 days), and receive full training at least once every three years thereafter.
3. Improper marking and labeling of HazMat packages in shipment:  With millions of tons of hazardous materials in transportation every day, it is no surprise that many packages of HazMat are found to be labeled and marked improperly.  The exact nature of each violation will differ for each shipment, however, whatever the violation they all have one solution:  an understanding of the Hazardous Material Regulations (HMR) and how they apply to the hazardous materials you as the shipper are offering for shipment.  It is the requirement of the shipper, not the transporter of the HazMat, to ensure it is properly marked, labeled, and the correct packaging is in the proper condition for shipment.  If you aren’t sure of your responsibility as a shipper, just read the certification statement near your signature the next time you sign a shipping paper.  Which brings us to…
4. Errors on the shipping paper:  Every shipment of a hazardous material must be accompanied by a shipping paper.  For a commercial product the shipping paper may be known as a Bill of Lading.  For a shipment of a hazardous waste it must be a Uniform Hazardous Waste Manifest.  Whatever the name, it is the responsibility of the shipper to ensure the shipping paper is completed properly.  As in #3 above, whatever the cause of the violation, the solution is a thorough understanding of the HMR, the hazardous material – or hazardous waste – you are offering for shipment, and what information about the hazardous material is required to be documented on the shipping paper.
5. Not registered with the PHMSA as a shipper or carrier of hazardous materials:  In my experience providing HazMat Employee training I have found it to be quite common that employers are not aware of their requirement to register annually with the PHMSA.  I will have to save a more thorough explanation for another day as the criteria determining registration can be technical, but know that if you transport or offer for transport a hazardous material, including a hazardous waste, in a quantity that requires the vehicle to be placarded then you must register with the PHMSA.  More information about the PHMSA registration requirements can be found here.
6. No Security Plan:  Since 2003 a person must complete a security plan if they transport or offer for transportation a type and quantity of HazMat subject to the regulation.  The current version of the applicability determination for the security plan can be found at 49 CFR 172.800(b).  “Current” because on October 1, 2010, the applicability determination was revised to better address real security threats and remove from regulation small amounts of HazMat not thought to be a potential security threat.  The requirements for Security Plan content were changed at that time as well.  If your determination of Security Plan applicability was completed prior to 2010 you may wish to check the regulations again to see if you are still subject.  If you were not aware of this regulation, please check the applicability determination now to confirm your responsibility.  More information about completing the Security Plan can be found on the PHMSA Security website.

There you have it, The Magnificant Six; which of these violations could an inspector find at your facility?  And while we’re talking about inspectors, keep in mind that it is not just the PHMSA which conducts inspections of shippers of hazardous materials.  If your HazMat is ever transported by an applicable method:  Air, rail, highway, or vessel; you may find your facility inspected by the Federal Aviation Administration, the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, or the Coast Guard.  Fines for these violations can quickly go into the thousands of dollars each; much more than the cost of a one day training session that covers all of the above and more.

Avoiding the violations and fines for all of the above, and more not listed here, begins with proper training of all of your HazMat Employees.  Proper training will not only completely eliminate #’s1 & 2 as a potential violation, it will give you the knowledge and tools to avoid #’s 3+ for years to come.