QUESTION FROM A HAZMAT EMPLOYER (NOT A CUSTOMER OF MINE, YET!) IN LATE OCTOBER 2015 VIA TELEPHONE (I DON’T RECORD MY TELEPHONE CONVERSATIONS SO THIS IS JUST MY BEST RECOLLECTION):
Is it OK for HazMat labels and markings to appear on the top of a package of hazardous materials for transportation?
DURING THE COURSE OF THE TELEPHONE CONVERSATION I MUST HAVE TOLD THE QUESTIONER THAT IT WAS NOT ACCEPTABLE TO DISPLAY HAZMAT LABELS AND PLACARDS ON THE TOP OF A PACKAGE, ESPECIALLY IF THE TOP IS REMOVABLE, E.G. THE LID OF A 5-GALLON BUCKET. MY FOLLOW-UP EMAIL ON NOVEMBER 2, 2015 WAS AN ATTEMPT TO SET THE RECORD STRAIGHT:
Thank you for contacting me with your question. Though I gave you my initial response over the phone, I’m glad I took the time to further research this issue. Because my initial response was wrong!
I had told you that I believed that HazMat markings and labels must appear on a non-removable part of a HazMat package but this is not so (for the most part).
Based on my review of the Hazardous Material Regulations and confirmation with the PHMSA Helpline, I have determined the following:
The marking regulations of 49 CFR 172, Subpart D do not specify a location for HazMat markings. With one exception, see next.
The packaging specification marking must be visible on a non-removable part of the packaging (49 CFR 178.3). This would preclude its placement on a removable lid. This is the specification packaging marking for a steel drum with a removable lid.
HazMat labels must, “Be printed on or affixed to a surface (other than the bottom)” of a HazMat package [172.406(a)(1)(i)]. And, per 49 CFR 172.406(a)(1)(ii): “Be located on the same surface of the package and near the proper shipping name marking, if the package dimensions are adequate.”
The HMR does not forbid the placement of HazMat labels and markings on the top or lid of a packaging, even a removable lid, except for the packaging specification marking. HazMat labels may not be affixed to the bottom of a package, though there is no such limitation for a marking. However, since the label and the marking are required to be located on the same surface and near each other, it can be reasonably assumed that the marking should not appear on the bottom of the package.
I hope this helps. Please don’t hesitate to contact me with any other questions.
It pays to do your research! Also, you should never rely on the first answer of someone – even me – unless they are able to back up their response with a reference to the regulations. Here is an example of when the common-sense answer – I mean, c’mon! Do you really think it’s OK for HazMat labels to appear on the removable lid of a package? – is wrong. But common-sense doesn’t always mean compliance. Make sure you and your HazMat Employees are in compliance with the Hazardous Material Regulations.
The proper use of HazMat labels on a package of a hazardous material offered for transportation will rely largely on compliance with two sections of the USDOT/PHMSA Hazardous Material Regulations in Title 49 of the Code of Federal Regulations:
§172.406 Placement of labels
§172.407 Label specifications
It is the latter of these two sections – often overlooked by Shippers and Carriers of HazMat – that is the subject of this article. (more…)
Are the GHS-compliant pictograms required by the revised OSHA HazCom Standard allowed to be displayed on a packaging that also displays the HazMat Labels (and other markings) required by the USDOT/PHMSA?
The short answer is yes. Though current OSHA regulations have confused the issue (more on that below) you can rest assured that a packaging regulated as hazardous by both the USDOT/PHMSA and OSHA can display both the new pictograms and the HazMat labels and markings. To clarify this confusing situation I will present the issue from the distinct perspective of each regulatory agency.
Pursuant to the PHMSA/USDOT Hazardous Material Regulations (HMR) at 49 CFR 172.400, each person who offers for transportation or transports a hazardous material in any of the following packages or containment devices shall label them as specified in Column 6 of the hazardous materials table at §172.101:
A non-bulk package.
A bulk packaging, other than a cargo tank, portable tank, or tank car, with a volumetric capacity of less than 18 m3 (640 cubic feet), unless placarded in accordance with subpart F of this part.
A portable tank of less than 3,785 L (1000 gallons) capacity, unless placarded in accordance with subpart F of this part.
A DOT Specification 106 or 110 multi-unit tank car tank, unless placarded in accordance with subpart F of this part.
An overpack, freight container or unit load device, of less than 18 m3 (640 cubic feet), which contains a package for which labels are required, unless placarded or marked in accordance with §172.512 of this part.
The purpose of this article is to reveal an interpretation of the HMR that allows for some variability in the placement and orientation of HazMat Labels on non-bulk packages. (more…)
Just like Nigel Tufnel’s amp that went up to 11, the new DOT Chart 15 is one more than the DOT Chart 14 it just replaced, making it TWO more than the DOT Chart 13. Whatever the number the DOT Chart 15 is the latest version of a guidance document created by the PHMSA of the USDOT. It contains a wealth of information – both text and images – of three of the four hazard communication methods (Markings, HazMat Labels, & Placards; only Shipping Papers are missing) and is invaluable to anyone involved in the transportation of hazardous materials: shippers, carriers, receivers, HazMat Employers, HazMat Employees, training providers, etc. Given the amount of helpful information it contains regarding the hazardous material regulations (HMR) it is hard to believe that it is only four pages. The purpose of this article is to briefly explain the content in a DOT Chart 15 to the uninitiated and to provide direction to where you may obtain copies of it for yourself. (more…)
Unless an exception to the Hazardous Material Regulations (HMR) is available, every shipment of a hazardous material will require the use of each of the four hazard communication methods of the US DOT, they are:
Shipping papers
Placards
HazMat labels
Markings
Typically a placard is affixed to all four sides of a transport vehicle, such as a truck on the highway or a rail car. There are some situations, however, where a placard is required to be affixed to all four sides of a bulk packaging and there are some situations where the use of a placard or a HazMat label is an option on two sides of a bulk packaging. You can read more about the option to placard or label bulk packagings here: Use of Placards for HazMat Shipments in Bulk Packagings.
The purpose of this article is to answer a question asked at one of my Public Training Seminars: “Is it OK to use a placard on a non-bulk packaging of a hazardous material in place of the HazMat label?” (more…)
