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.
Can the following hazardous materials (HazMat) be transported by company employees in a company vehicle on a public road (for business purposes, natch)?
Hello,
Daniel we have an location a mile down the road that needs some raw material and are hazmat. Need to see if you can give some direction on the rules of small quantities 1gal and less shipping via company transfer.
My reply with prepared information:
I have written articles on this subject that explain it in more detail. Please see below.
A former coworker contacted me with a question on January 29, 2016:
I have a quick question for you Dan. If a facility has 5 – 6 consumer (car type) lead-acid batteries that they want to take to a salvage yard for recycling, is there a DOT exemption or something that keeps them from being classified as a hazardous substance. I think they need to transport with shipping papers and be properly labeled. Let me know if you have any experience with this.
Thanks,
I had time to fire off a reply that day:
Please note below:
When discarded by recycling a liquid lead acid battery will be a hazardous waste per USEPA regulations.
Liquid lead acid batteries sent for reclamation are excluded from regulation as a hazardous waste per 40 CFR 266.80.
A liquid lead acid battery is a hazardous material per USDOT regulations.
The following is required under the Materials of Trade exception:
Secure batteries in vehicle.
Label batteries.
Likely batteries contain a Reportable Quantity (RQ) for lead, so this must be marked on the side.
Inform driver of Materials of Trade exception and some basic worker safety.
No more than 66 lbs/battery & no more than 440 lbs of HazMat in the vehicle.
FYI: Even though this situation does not require HazMat Employee training, the fact that they receive hazardous materials makes them subject to the training requirements. They may also need RCRA training.
Note from Daniels Training Services:
My reply does not take into account the exception from regulation available to shippers of batteries found at 49 CFR 173.159(e).
Questions like this come into me all the time. Sometimes they can be answered simply. Sometimes more time and research is required. Either way, I’m happy to answer any questions you may have about the transportation of hazardous materials or the generation and management of hazardous waste.
As a shipper of hazardous materials, you are likely comfortable with routine HazMat shipments:
Offer a hazardous material for transportation to a carrier.
Carrier transports HazMat to destination.
HazMat received at destination.
Sometimes, however, you’re faced with a non-routine situation: you or an employee must transport a hazardous material by motor vehicle over a public roadway. The need is not limited to, but may include, any one of the following:
A ‘sister’ facility requires a small amount of product or raw material from your location.
You are required to transport a sample of some material to an off-site location for analysis.
You must deliver a product to a customer.
A hazardous material is necessary to provide a service to a customer at their location.
A hazardous material is necessary to conduct a maintenance service activity at an off-site location.
In any of these situations your concern may be that as a shipper of hazardous materials (one who offers hazardous materials for transportation) you are not allowed to perform the role of a carrier (one who transports hazardous materials in commerce). You may not be aware that the Hazardous Materials Regulations contain an option for shippers of HazMat in this situation. Known as the Materials of Trade Exception and codified at 49 CFR 173.6, it was created to simplify the transportation of…
Certain hazardous materials…
In small quantities…
By motor vehicle over a public roadway.
Continue reading to see if the Materials of Trade Exception may be of use to you. (more…)
My reply:
