I received this email January 25th from a customer who had attended one of my Training Seminars in the past:
Dan,
How have you been? You said to contact you if we have any questions. I was asked a question and I would like you to please review my answer. Can you help me out?
Question:
Can a 6.2 category B infectious substance be shipped in a personal or company vehicle?
Answer:
Yes, a company vehicle can be used to transport a 6.2 category B substance, if the following exemptions are met.
49 CFR 173.134 (b)(10) allows an exception to using a certified hazmat transporter to transport a category B substance for a patient sample (not a culture) and the private or contract carrier would have
Used hypodermic needles may be a category B, Infectious Substance
to be used exclusively to transport such materials. The vehicle couldn’t be a private vehicle but could be a company fleet vehicle. The vehicle could not be used for transporting anything else during that individual trip. The vehicle couldn’t be a general delivery vehicle making several stops. DOT training would be required and a Shipping document and DOT packaging would be needed.
49 CFR 173.6 Materials of Trade allows an exemption for small quantities of biological product, human or animal samples for research, diagnosis, disease treatment or prevention etc. The packaging would have to be securely closed and protect against damage and leaking. The driver would have to know what they are shipping and if a reportable quantity is present and the material of trade regulations. Does not require training or a shipping document.
Thanks,
My reply later that day:
Your answer may be correct. Give me a day or two to review and reply.
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My full response on January 26, 2016:
Thanks for contacting me. I’ll do my best to answer your questions below.
You are mostly correct about the exception at 49 CFR 173.134(b)(10). Please see below for a breakdown of that paragraph:
- Paragraph §173.134(b) identifies sixteen (16) materials not subject to the HMR as a Division 6.2. If they are a HazMat for some other reason (e.g., a Class 3 Flammable Liquid), they are then subject to the HMR. Read my article: Exceptions to Division 6.2 Infectious Substances.
- §173.134(b)(10) is an exception for samples or biological products that meet the following conditions:
- It is not a Category A infectious substance. Category A infectious substance as defined at §173.134(a)(1)(i) can cause permanent disability, life-threatening, or fatal disease in an otherwise healthy person.
- It is one of the following:
- Contained in a patient sample and transported for research, diagnosis, investigational activities, or disease treatment or prevention.
Or…
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- A biological product.
- Transported in a motor vehicle (by highway) used exclusively to transport such materials (patient sample or biological product).
- Transported by one of following:
- Private motor carrier (carrier owns material it transports).
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Or…
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- Contract carrier (under contract for specific job).
- The following are OK to transport with sample or biological product if properly packaged and secured against exposure:
- Medical or clinical equipment and lab products.
- If sample or biological product is regulated medical waste per §173.134(a)(5), it must be transported as such. This may require compliance with §173.134(c).
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Where I believe you to be in error:
- “The vehicle couldn’t be a private vehicle…” A private vehicle may be used as long as it is a private or contract carrier.
- “The vehicle could not be used for transporting anything else during that individual trip.” Some other materials are allowed if packaged and secured properly.
- “DOT training would be required and a Shipping document and DOT packaging would be needed.” Per §173.134(b), those materials subject to the exception are not subject to the HMR as a Division 6.2 Infectious Substance.
You are correct about the use of the Materials of Trade Exception.
Please don’t hesitate to contact me with any other questions.
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I think I answered his question satisfactorily:
Thanks Dan for your response. I look forward to attending future training sessions with you.
This customer did his own research before contacting me but you don’t have to! If you have a question about the transportation of hazardous materials or the management of waste – hazardous, universal, used oil, even non-hazardous – don’t hesitate to contact me.
The exception at 49 CFR 173.134(b)(10) removes the requirement for HazMat Employee training; but you may still benefit from the training I can provide!