I have another issue, I’d like to run by you. I have been allowing trained researcher to use their personal vehicles for single use transportation of exempt samples, patient samples that could be Cat B (NOT Cat B cultures) and unregulated biological samples under MOTS (aka: the Materials of Trade exception). As I interpret the DOT MOTS, that is allowed. Would you agree with this assessment?
Thanks again,
My reply:
Yes. that is OK under the Materials of Trade exception as long as you comply specifically with 49 CFR 173.6(a)(4) and the remainder of §173.6 for packaging, hazard communication, “inform the driver” &etc.
A summary of the Materials of Trade exception for Division 6.2 Infectious substances:
Includes:
Human or animal samples for research, diagnosis, disease treatment or prevention, &etc.
The Materials of Trade exception – like other exceptions in the Hazardous Materials Regulations – allows for the transport of HazMat subject to a reduced regulatory burden. Make certain you are aware of the exception available for the transportation of your HazMat.
The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) classify and regulate the transportation of hazardous materials. Included in the twenty hazard classes and divisions identified in the HMR at 49 CFR 173.134 is Division 6.2 Infections Substance; Divisions 6.2 is further broken down into Category A and Category B.
The purpose of this article is to identify and explain (and provide examples of) a Category A Division 6.2 Infectious Substance.
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.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Thanks for contacting me. I’ll do my best to answer your questions below.
Transportation by a private motor carrier of a Division 6.2 Category B Infectious Substance:
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…
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).
Or…
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).
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.
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!
The regulations of the PHMSA/USDOT at 49 CFR 173.134 contain the definitions and exceptions applicable to Division 6.2 Infectious Substances as they are regulated when in transportation or offered for transportation. In an earlier article I attempted to explain how the transportation of a Regulated Medical Waste fits in this rather complicated regulation (read: The Identification and Transportation of a Regulated Medical Waste). In that article I referenced but did not identify the exceptions to regulation as a Division 6.2 Infectious Substance for certain materials and articles. The purpose of this article is to identify and explain (if necessary) those materials that are not subject to the Hazardous Material Regulations as Division 6.2 Infectious Substances.
The Hazardous Material Regulations (HMR) of the PHMSA/USDOT regulate the transportation in commerce of an Infectious Substance (Hazard Class 6, Division 6.2). The description of Division 6.2 at 49 CFR 173.134 includes a definition of both Regulated Medical Waste and Sharps, and an exception from full regulation under the HMR for Regulated Medical Waste if shipped as required. The purpose of this article is to explain the requirements to comply with the exception for transportation of a Regulated Medical Waste. (more…)
My reply:
