How to Comply with Federal Hazardous Materials Regulations

VALLEY STREAM, N.Y. - Jan. 21, 2014 - PRLog -- How to Comply with Federal Hazardous Materials Regulations
Posted in DGM New York Blog (http://dgm-usa-ny.com/blog/dgm%20new%20york%20blog.html)

For original blog post please visit DGM New York's blog to see this article and other hazardous material articles: http://dgm-usa-ny.com/blog/2014/01/21/34-how-to-comply-with-federal-hazardous-materials-regulations.html

How to Comply with Federal Hazardous Materials Regulations

OVERVIEW

The Secretary of the Department of Transportation receives the authority to regulate the transportation of hazardous materials from the Hazardous Materials Transportation Act (HMTA), as amended and codified in 49 U.S.C. 5101 et seq. The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. The Pipeline and Hazardous Materials Safety Administration (PHMSA) (formerly the Research and Special Provisions Administration (RSPA)) was delegated the responsibility to write the hazardous materials regulations, which are contained in 49 CFR Parts 100-180. In order to accomplish his responsibilities under the HMTA the Secretary "...may authorize any officer, employee, or agent to enter upon inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties relate to: (1) the manufacture, fabrication, marking, maintenance, reconditioning, repair, testing, or distribution of packages or containers for use by any "person" in the transportation of hazardous materials in commerce; or (2) the transportation or shipment by any "person" of hazardous materials in "commerce."

The hazardous materials regulations have changed significantly over the last several years. These changes were first introduced in Docket HM-181 which provided for the harmonization of the United State's hazardous materials regulations with international standards in order to facilitate foreign trade and maintain the competitiveness of U.S. goods.


HM Safety

This document provides only a general overview of the requirements for transporting hazardous materials by highway.

For more specific requirements, carriers and shippers should consult the most current edition of 49 CFR Parts 100-185. Motor carriers should also consult the Federal Motor Carrier Safety Regulations.

TABLE OF CONTENTS

OVERVIEW
APPLICABILITY
HAZARDOUS MATERIALS SHIPPER AND CARRIER RESPONSIBILITIES
HAZARDOUS MATERIALS
HAZARDOUS MATERIALS COMMUNICATION REQUIREMENTS
HAZARDOUS MATERIALS TRAINING REQUIREMENTS
EMERGENCY RESPONSE REQUIREMENTS
HAZARDOUS MATERIALS PACKAGING
COMPATIBILITY AND BLOCKING AND BRACING BY HIGHWAY

APPENDIX A - DEFINITIONS
APPENDIX B - DIRECTORY OF OMC REGIONAL OFFICES
APPENDIX C - SOURCES OF PUBLICATIONS

APPLICABILITY

The hazardous materials regulations are applicable to the transportation of hazardous materials in commerce and their offering to:

Interstate, intrastate, and foreign carriers by rail car, aircraft, motor vehicle and vessel.
The representation that a hazardous material is present in a package, container, rail car, aircraft, motor vehicle or vessel.
The manufacture, fabrication, marking, maintenance, reconditioning, repairing or testing of a package or container which is represented, marked, certified or sold for use in the transportation of hazardous materials (49 CFR 171.1(a))
GENERAL DOT HAZARDOUS MATERIALS REGULATORY REQUIREMENTS

"No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with subpart G of Part 107 of this chapter, if applicable, and the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized..."(49 CFR 171.2(a))

Underlined in the preceding extract from the Hazardous Materials Regulations are three important terms; "person," "offeror" and "commerce" (See Appendix A Definitions). The word shipper is frequently used by industry in place of the word "offeror." For the purpose of this document only, the term shipper and "offeror" are used interchangeably. These three words are important in that they define when you are subject to the jurisdiction of the Department of Transportation. Additionally, you may be subject to the requirements of other Federal and/or State Laws.

FEDERAL GOVERNMENT AND GOVERNMENT CONTRACTORS

Most Federal Agencies including the Department of Defense are considered "offerors" when they ship hazardous materials by commercial carriers. In those rare instances where governmental agencies transport hazardous materials in commerce on government vehicles/aircraft, the agency is also considered a carrier. Contractors are fully subject to the requirements of the Federal hazardous materials transportation law.


ENFORCEMENT

The Modal Agencies have established their own programs to prioritize their inspection activities of transporters of hazardous materials. Pipeline and Hazardous Materials Safety Administration, in addition to the Modal Agencies have selection criteria for shippers; "offerors", that are similar i.e. (1) Investigation of known shipper violations discovered during carrier audits, (2) Non-frivolous written complaints alleging violations of the Federal Hazardous Materials Regulations, (3) NRC and DOT 5800.1, spill and hazmat incident reports, (4) Referrals from other governmental agencies and special investigations targeting high risk hazardous materials such as explosives and certain radioactive materials. In almost all instances these shipper inspections are unannounced.

In the event that inspection of your hazardous materials operations discloses violations of the hazardous materials regulations, you may be subject to civil and/or criminal penalties.

PENALTIES PER VIOLATION 107.329

PENALTIES PER VIOLATION 107.329
 CIVIL   MINIMUM   $250.00*

 CIVIL   MAXIMUM   $55,000.00**

 CRIMINAL*   INDIVIDUAL   $250,000.00

 CRIMINAL*   CORPORATION   $500,000.00

* $495.00 if related to Training
** $110,000.00 if violation resulted in death, serious illness or severe injury to any person or substantial property damage

(Levels of fine from 18 U.S.C. and includes provision for imprisonment for not more than 5 years.)
Although the Federal Government is exempt from the penalty provisions, (See definition of "person" on page 26 of this H.O.) employees of the federal government are not exempt under the HMTA.

HAZARDOUS MATERIALS SHIPPER RESPONSIBILITIES

DETERMINE WHETHER A MATERIAL MEETS THE DEFINITION OF A "HAZARDOUS MATERIAL"
PROPER SHIPPING NAME
CLASS/DIVISION
IDENTIFICATION NUMBER
HAZARD WARNING LABEL
PACKAGING
MARKING
EMPLOYEE TRAINING
SHIPPING PAPERS
EMERGENCY RESPONSE INFORMATION
EMERGENCY RESPONSE TELEPHONE NUMBER
CERTIFICATION
COMPATIBILITY
BLOCKING AND BRACING
PLACARDING
SECURITY PLAN
INCIDENT REPORTING

For original blog post please visit DGM New York's blog to see this article and other hazardous material articles: http://dgm-usa-ny.com/blog/2014/01/21/34-how-to-comply-wi...