HazMat Transportation

What’s on that Truck? The Identification of Hazardous Materials in Transportation

Hazardous materials are a common fixture in our modern lives and an essential ingredient in many of things we take for granted; like drinking carbonated soda from the fountain at our favorite restaurants.  Well, the HazMat has to get to the restaurant somehow and that’s where its transportation in commerce becomes necessary.  Now, we all want the transportation of hazardous materials on our highways and in our neighborhoods to be safe, so that’s why we have the Hazardous Material Regulations of the PHMSA/USDOT.  One way the HMR ensures the safe transportation of hazardous materials in commerce is by requiring the use of the four hazard communication methods:

  1. HazMat Labels
  2. Markings
  3. Shipping Papers
  4. Placards
vehicle transporting Division 2.2 non-flammable gas

Parked behind a strip mall of restaurants in Longmont, CO

In this article I’ll take an example of HazMat transportation selected right from daily life and use the hazard communication methods (those I have available to me) to discern just what the HazMat is and what its potential hazards are. (more…)

DOT’s Enhanced Enforcement Authority Procedures for Hazardous Material Transportation

DOT logoIn 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:

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!

What is a HazMat Employee?

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.
Additional guidance on identifying your HazMat Employees can be found in a PHMSA document:  What you Should Know: A Guide to Developing a Hazardous Materials Training Program.
It has been my experience that many HazMat Employers are not aware of the complete definition of a HazMat Employee and thus fail to identify the entirety of their requirements under the Hazardous Material Regulations.  One of these requirements is to train your HazMat Employees with 90 day of hire and triennially (every three years) thereafter per 49 CFR 172.704(c).  I provide  HazMat Employee training and am willing to discuss your training needs with you at any time.