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.

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).

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