The
purpose of this publication is to provide a broad overview of the
requirements to safely transport hazardous materials. This publication
discusses some of the regulatory requirements of the Department of
Transportation. This publication was created using COREL WordPerfect 8 and
Corel Gallery. The material contained in this handout is for training
purposes only.
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.
The electronic file for this publication is posted on the Federal Motor
Carrier Safety Administration's homepage at http://www.fmcsa.dot.gov/and is
available for downloading.
TABLE OF CONTENTS
OVERVIEW
The last few years has witnessed significant changes to the regulations
for the transportation of hazardous materials. These changes were first
introduced under Docket HM-181. Docket HM-181 provided for a phased
transition of the hazardous materials regulations which would to the
maximum extent possible, be compatible with international standards, in
order to facilitate foreign trade and maintain the competitiveness of U.S.
goods.
The applicability of the hazardous materials regulations was extended
to all intrastate shipments of hazardous materials by highway effective
October 1, 1998 as published in the final rule, Docket HM-200 dated
January 8, 1997. This final rule also provided exceptions for
>materials of trade", "agricultural operations" and certain
non-specification packaging used in commerce.
The Secretary of the Department of Transportation receives the
authority to regulate the transportation of hazardous materials from the
Hazardous Materials 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 Research and Special Programs 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. "
In regards to commercial or governmental activities, Special Agents of
the Department of Transportation can not be denied reasonable access to
those areas that fall within the official scope of their duties. The
Secretary has delegated this authority to the Federal Aviation
Administration, (FAA); Federal Highway Administration, (FHWA); Federal
Railway Administration, (FRA); Research and Special Programs
Administration, (RSPA); and the United States Coast Guard, (USCG).
The hazardous materials regulations are constantly changing. These
changes may be the result of changes to the international regulations,
Congressional mandates, and/or advances in technology. The challenge
facing shippers and transporters is to keep current.
The Government Printing Office has made the Federal Registers and 49
CFR available on the Internet. The website for the Federal Registers is
http://www.fmcsa.dot.gov/redirect.cfm?page=http://www.access.gpo.gov/su_docs/aces/aces140html/The
website address for 49 CFR is http://www.fmcsa.dot.gov/redirect.cfm?page=http://www.access.gpo.gov/nara/cfr/index.html. Clarifications of the requirements contained in
the Federal Hazardous Materials Regulations and the Motor Carrier Safety
Regulations may be found at http://www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm
APPLICABILITY
DOT HAZARDOUS MATERIALS REGULATIONS APPLICABILITY
Transportation of Hazardous Materials in commerce; by and their
offering to:
1) Interstate, Intrastate, and Foreign carriers by rail car,
aircraft, motor vehicle and vessel.
2) The representation that a Hazardous Material is present in a
package, container, rail car, aircraft, motor vehicle, or vessel.
3)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 booklet
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 were made fully subject
to all the requirements of the Federal hazardous materials transportation
law.
The Uniformed Services of the United States generally are not subject
to the commerce clause of the Constitution. Therefore, military shipments,
transported on military vehicles or aircraft are not subject to Federal
jurisdiction. However, many states require military movements by
highway to conform to 49 CFR or compatible state regulations. DOD and
Service Regulations also require compliance with 49 CFR Parts 100-180.
When in peacetime, the military services procure commercial
transportation, (offering into commerce), the military is engaged in
commerce and required to comply with 49 CFR
HM
REGISTRATION
"Persons" who offer for transportation, or transport in foreign,
interstate or intrastate commerce: (a) any highway route controlled
quantity of a Class 7 (radioactive) material; (b) more than 25 kg (55
lbs.) of a Division 1.1, 1.2, or 1.3 (explosive) material in a motor
vehicle, rail car or freight container; (c) more than 1 L per package of a
material extremely poisonous by inhalation; (d) a hazardous material in a
bulk packaging having a capacity of 3,500 gals. for liquids or gases, or
more than 468 cubic feet for solids; or (e) a shipment in other than bulk
packaging of 5,000 lbs. gross weight or more of one class of hazardous
material for which the transport vehicle requires placarding loaded at one
location. The following are excepted from the registration requirement:
(1) An agency of the Federal Government
(2) A State Agency
(3) An agency or political subdivision of a State
(4) An employee of (1)-(3)
(5) A hazmat employee (including an owner operator of a motor vehicle
leased to a registered motor carrier for 30 days or more.)
(6) A person domiciled outside the United States who offers HM solely
from outside the United States. (See 49 CFR 107.606(a)(6) for exceptions
and reciprocity)
Registration is required annually and includes a fee. For additional
information on the registration requirement, you may call 1-800-467-4922
or (202) 366-4109.
The Modal Agencies have established their own programs to prioritize
their inspection activities of transporters of hazardous materials.
Research and Special Program 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
disclose violations of the hazardous materials regulations, you may be
subject to civil and/or criminal penalties.
PENALTIES PER VIOLATION
| CIVIL |
MINIMUM |
$250.00 |
|
| MAXIMUM |
$27,500.00 |
|
|
|
| |
| CRIMINAL* |
INDIVIDUAL |
$250,000.00 |
|
| CORPORATION |
$500,000.00 |
* (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
|
|
|
-
SHIPPING PAPERS
-
EMERGENCY
RESPONSE INFORMATION
-
24
HOUR EMERGENCY RESPONSE TELEPHONE NUMBER
-
CERTIFICATION
-
COMPATIBILITY
-
BLOCKING
AND BRACING
-
PLACARDING
|
Listed above are the major responsibilities
of HM shippers. General shipper responsibilities are contained in 49 CFR
Part 173. Identification of a hazardous material is the first step, and
frequently the most difficult. Of all the shipper's (offerors')
responsibilities, the requirement to properly classify a hazardous
material is very important. It is from the proper identification of the
hazardous materials that the other requirements are based on. The next
step is what do I call it? The requirement to provide emergency response
information is frequently a concern of shippers. Who must sign the
certification statement on the Bill of Lading? May a Carrier remove or
alter my blocking and bracing?
How do I determine what name to use to identify hazardous material
being offered for transportation? We are currently in the process of
transitioning to the new international requirements. In order to provide
sufficient time to comply with these changing requirements, RSPA has
provided transition dates contained in 49 CFR §171.14. October 1, 1993 was
a very important date. On that date all the hazard communication
requirements, except placarding, become effective for all HM except
Infectious Substances. Although the regulation of Marine Pollutants was
not a part of the HM-181 Docket, the final rule issued on November 5, 1992
tied compliance to the transition dates in 49 CFR §171.14. Materials
designated as Marine Pollutants are listed in a new Appendix B to Table
172.101. The rule applies to bulk shipments by all modes and non-bulk
shipments by vessel.
The current 49 CFR is consistent with the international requirements.
However, there are some differences in the requirements for shipment by
international air, international vessel, and shipments to and from Canada.
The HMR addresses the requirements for the movement of shipments prepared
in accordance with the international and Canadian regulations in 49 CFR
sections §171.11, §171.12, and §171.12(a) respectively.
HAZARDOUS
MATERIALS CARRIER RESPONSIBILITY
- SHIPPING PAPER
- PLACARD AND MARK VEHICLE
- LOADING AND UNLOADING
- COMPATIBILITY
- BLOCKING AND BRACING
- INCIDENT REPORTING
- EMPLOYEE TRAINING
Above lists contain some of the major responsibilities of HM carriers.
Carrier and offeror (shipper) responsibilities frequently overlap. When a
motor carrier performs a shipper function, the carrier is responsible for
performing that function in accordance with 49 CFR. The cargo space of the
vehicle should be suitable for the material being shipped. The vehicle
itself must be in sound mechanical condition. The carrier must check to
insure that the material offered by the shipper is properly described and
packaged. In addition to the provisions of 49 CFR Parts 100-180,
interstate motor carriers of placarded loads must comply with the
hazardous materials requirements in 49 CFR Part 397.
INCIDENT
REPORTING
Immediate notification of a hazardous materials incident by a carrier
is required at the earliest practical moment for incidents that occurs
during the course of transportation (including loading, unloading, and
temporary storage) in which as a direct result of the hazardous materials
any one or more of the following occurs, (1) a person is killed, (2) a
person receives injuries requiring his or her hospitalization, (3)
estimated carrier or other property damage exceeds $50,000.00, (4) an
evacuation of the general public occurs lasting one or more hours, (5) One
or more major transportation arteries or facilities are closed or shut
down for one hour or more, (6) fire, breakage, spillage or suspected
radioactive contamination occurs involving shipment of radioactive
materials, (7) release of a marine pollutant in a quantity exceeding 450 L
for liquids or 400Kg for solids. (8) any situation of a serious nature
that the carrier feels is not covered by (1)-(7) Each notice shall be
given telephonically to the Department at (800) 424-8802. Incidents
involving etiologic agents may be made to the CDC at (800) 232-0124. For
content of report and additional information, please see §171.15.
A written report shall be submitted on DOT Form F 5800.1 for all
incidents involving the transportation of hazardous materials unless
excepted. Detailed reporting requirements are contained in §171.16.
HAZARDOUS
MATERIALS TABLE
49 CFR 172.101
Table
of Hazardous Materials and Special Provisions
The purpose of the table is to assign proper shipping names, class and
division, and guidance for packaging and handling requirements for
hazardous materials. It is important to remember to read the
instructions contained in front of table §172.101 when using this section.
Many violations occur because individuals fail to review these
instructions. Information that is available from the Table consists of:
symbols which determine applicability, proper shipping name and shipping
description, hazard class or division, identification number, packing
group, label(s) required, special provisions, packaging authorizations,
quantity limitations aboard aircraft, and vessel stowage requirements.
HAZARDOUS MATERIALS
The definition of HAZARDOUS
MATERIALS include those materials designated by the Secretary of the
Department of Transportation as posing an unreasonable threat to the
public and the environment. The terms "Hazardous Materials" includes all
of the following: (1) Hazardous Substances, (2) Hazardous Wastes, (3)
Marine Pollutants, (4) Elevated Temperature Material (5) Materials
identified in §172.101, and (6) Materials meeting the definitions
contained in Part 173.
HM REGULATED BY U.S. D.O.T.
UN
HAZARD CLASS - 171.2
CLASS 1 EXPLOSIVES
DIVISION 1.1 MASS EXPLOSIVE HAZARD
DIVISION 1.2 PROJECTION HAZARD
DIVISION 1.3 MASS FIRE HAZARD
DIVISION 1.4 MINOR EXPLOSION HAZARD
DIVISION 1.5 VERY INSENSITIVE EXPLOSIVES
DIVISION 1.6 EXTREMELY INSENSITIVE EXPLOSIVES
Explosives were formerly classified as Class A, B, C, or Blasting
Agent. A comparison of the old and new classification system is contained
in 173.53.
In addition to the change in classification systems we are now
concerned with compatibility groups which are designated by alpha
characters: 1.1A, 1.2D, etc. Information on the different compatibility
groups are contained in 49 CFR 173.52.
CLASS 2 GASES
DIVISION 2.1 FLAMMABLE GASES
DIVISION 2.2 NON-FLAMMABLE GASES
DIVISION 2.3 POISONOUS OR TOXIC
This class includes materials that are Compressed, Dissolved under
Pressure, or Pressurized Cryogenic Liquids, and Liquefied Gases
CLASS 3 FLAMMABLE LIQUID
Includes materials whose Flash Point (FP) is not more than 141E F
NOTE: See Combustible Liquids below
CLASS 4 FLAMMABLE SOLIDS
DIVISION 4.1 FLAMMABLE SOLID
DIVISION 4.2 SPONTANEOUSLY COMBUSTIBLE MATERIAL
DIVISION 4.3 DANGEROUS WHEN WET
CLASS 5 OXIDIZING SUBSTANCES; ORGANIC PEROXIDES
DIVISION 5.1 OXIDIZER
DIVISION 5.2 ORGANIC PEROXIDE
CLASS 6 POISONOUS (TOXIC) AND INFECTIOUS SUBSTANCES
DIVISION 6.1 POISONOUS (TOXIC) MATERIAL
DIVISION 6.2 INFECTIOUS SUBSTANCE
CLASS 7 RADIOACTIVE MATERIAL
CLASS 8 CORROSIVES
CLASS 9 MISCELLANEOUS DANGEROUS GOODS *
*Category includes Environmentally Hazardous Substances, Elevated
Temperature Material, Hazardous Wastes, and Marine Pollutants.
COMBUSTIBLE
LIQUIDS Materials whose FP is greater than 141EF but less than
200EF are still regulated domestically as combustible liquids. Materials
transported domestically only, whose FPs are 100EF up to 141EF may be
reclassified as combustible in accordance with 173.120(b).
A COMBUSTIBLE LIQUID which does not sustain combustion is not subject
to the requirements of the HMRs See Appendix H, Part 173 for the required
tests.
ORM-D
"
ORM-D material" means a material such as a consumer commodity,
which although is subject to the regulations presents a limited hazard
during transportation due to its, form, quantity, and packaging. Each
ORM-D material and category of ORM-D material is listed in the 49 CFR
172.101 Table and 173.144.
CONSUMER COMMODITIES
Consumer commodities means a material that is packaged and distributed
in a form intended for, or suitable for sale through retail sales. In
order to determine if a particular hazardous materials may qualify as a
consumer commodity, refer to the section number in Part 173 identified in
column 8" of the §172.101 Table for that material.
EXCEPTIONS:
Agricultural
Operations
The transportation of agricultural products
(see 49 CFR171.8) by highway may be excepted from some or all of the
provisions of the Hazardous Materials Regulations when transported in
accordance with the provisions of 49 CFR 173.5.
Materials
of Trade
The transportation of materials of trade (see 49
CFR 171.8) by highway may be excepted from many of the requirements of
the Hazardous Materials Regulations when transported in accordance with
the procedures contained in 49 CFR 173.6.
HAZARDOUS MATERIALS
COMMUNICATIONS
Part 172 of 49 CFR contains the hazardous materials communication
requirements in addition to the hazardous materials table, emergency
response requirements, and training. The term hazardous materials
communications commonly refers to shipping papers, marking, labeling, and
placarding.
Shipping
Papers
Shipping paper requirements are contained in 49 CFR Part 172 Subpart C.
For the purpose of the hazardous materials regulations, a shipping paper
is any shipping document whose purpose is to communicate a hazard, and
conforms to the requirements contained in this Subpart. Each person" who
offers hazardous materials for transportation shall describe the hazardous
materials on a shipping paper that conforms to the requirements of the
HMR. No carrier may transport a hazardous material unless it is
accompanied by a shipping paper that is prepared in accordance with the
HMR.
The description of hazardous materials on a shipping paper is contained
in section 172.202. The basic description now includes proper shipping
name, hazard class, identification number, and packaging group. The class
names, IMO class and division numbers, or subsidiary hazard classes may be
entered in parentheses. Entries are required for type packaging and weight
(net or gross).
It is important to remember that except for materials in the U. N.
Recommendations, the ICAO Technical Instructions, or the IMDG Code, a
material that is not a hazardous material according to this sub-chapter
may not be offered for transportation or transported when its description
on a shipping paper includes a hazard class or an identification number
specified in 49 CFR §172.101. This provision is most frequently violated
when the shipments involve non-RCRA Waste, which are not considered DOT
hazardous materials.
Depending on the material being transported additional information
requirements to be entered on the shipping paper are contained in 49 CFR
§172.203. Recent changes include entries for; Technical names for n.o.s.
and other generic descriptions, Organic peroxides to include
concentration, All poisonous materials subject to §172.203(m) where the
poisonous constituent is not mentioned in the proper shipping name, for
materials meeting the definition of poison-inhalation hazard, (see §171.8)
"Poison-Inhalation Hazard" as provided in §172.203(m) and the words
"Hazard Zone A", "Hazard Zone B", "Hazard Zone C", or "Hazard Zone D" as
appropriate. (Also, see §173.133(b))
The regulation requires an emergency response telephone number to be
placed on the shipping paper. The telephone number must be monitored at
all times when the material is in transportation to include storage
incidental to transportation. The number must be of a person who is
knowledgeable of the hazardous materials being shipped and the appropriate
emergency response procedures, or a person who has immediate access to a
person who has such knowledge. If you use the number for a service
provider such as CHEMTREC you must have a valid contract in force with the
service provider. This
telephone number must be readily identifiable on the shipping paper.
A problem with some Bills of Lading are the numerous emergency numbers
for various types of problems, such as requests for delivery times or
request for safe havens. Emergency responders may have trouble identifying
the DOT emergency response telephone number.
The DOT does not dictate who signs the certification on the shipping
papers. The individual who signs the certification should be the
individual most knowledgeable of the shipment.
Public Law 103-311 amended 49 U.S.C. 5110 to require retention
of hazardous materials shipping papers for 1 year.
Marking
The requirements for marking of packages
is contained in 49 CFR, Subpart D, Part 172. The basic marking requirement
consists of the proper shipping name and identification number of the
hazardous materials contained in the package. Markings should be durable,
in English, and not obscured by other markings or labels. Depending on the
material there may be additional marking requirements. For non-bulk
packaging, technical names must be marked in parenthesis in association
with the proper shipping name if required by §172.203(k). Identification
numbers are not required for ORM-D and limited quantities.
Bulk packaging requirements are in section 172.302. Identification
Numbers must be on each side and each end for packages 3785 L (1,000 gals)
or more and for cylinders permanently mounted on tube trailer motor
vehicle. Identification Numbers on two opposing sides for packages less
than 3785 L (1,000 gals). Technical names not required for bulk packages.
You may not offer or transport a container unless the HM markings apply
to the material contained in the package. There is an exception for empty
containers if; (1) In a vehicle or freight container, the package is not
visible, and is loaded and unloaded by the shipper or consignee, or (2)
The markings are securely covered during transport.
The following is a listing of additional marking requirements:
|
Authorized Abbreviation |
Elevated temperature material |
|
Class 7 (radioactive) materials |
Portable tanks |
|
Liquid Hazardous Materials in Non-Bulk Packaging |
Cargo tanks |
|
Poisonous Hazardous Materials |
Tank cars and multi-unit tank car tanks
|
|
ORM-D |
Bulk packagings other than
portable tanks, cargo tanks, tank cars, and multi-tank car tanks
Identification number markings |
|
Explosive Hazardous Material |
|
Marine Pollutant |
|
Hazardous Substances in non-bulk packagings
|
LABELING
General labeling requirements are contained in 49 CFR subpart E Part
172. Each person who offers for transportation or transports a hazardous
material shall ensure the package is properly labeled. There are a number
of exceptions to the labeling requirements contained in §172.400a.
Prohibited labeling is contained in §172.401. The following is a list of
additional requirements
|
Additional labeling |
Label Specifications |
|
Class 7 (radioactive) material |
There is a separate section for
each of the authorized labels that gives an example of the label and
describes the label. Sections 172.411 through 172.450 contain the
required design for each label. |
|
Labels for mixed and consolidated packagings |
|
Authorized label modifications |
|
Placement of labels |
PLACARDING
General placarding requirements are contained in 49 CFR Subpart F Part
172. Each person who offers for transportation any hazardous materials
subject to the HMR shall comply with the applicable placarding
requirements. Applicability of placarding requirements §172.500.
Placarding is not required for infectious substances, ORM-D, limited
quantities, small quantity shipments, and combustible liquids in non-bulk
packages. Placards may not be displayed on any packaging, freight
container, unit load device, motor vehicle or rail car unless the placard
represents a hazardous material loaded into or onto the conveyance unless
the shipment is in accordance with the TDG Regulation, the IMDG Code, or
the UN Recommendations.
General placarding requirements are contained in §172.504. Each bulk
packaging, freight container, unit load device, transport vehicle, or rail
car containing any quantity of hazardous materials must be placarded on
each side and each end with the placards specified in Tables 1 and 2.
§172.504 contains a number of notes and exceptions to these
requirements. When two or more Table 2 materials are contained in the same
transport vehicle, the Dangerous" placard may be used instead of the
specific placard required for each hazard class. However, when 1,000 kg
(2,205 lbs.) or more of a single category of HM is loaded on a transport
vehicle, the placard specified for that material must be displayed.
§172.504(c) contains an exception from the placarding requirement for
shipments that contain less 454 kg (1,001 pounds) of Table 2 materials. A
frequent problem encountered involves the 1,001 lb. exception. The 1.001
lbs. is aggregate gross weight. Aggregate gross weight is the total weight
of all hazardous materials and its packaging loaded on a single transport
vehicle. There are additional requirements for placarding such as:
|
Placarding for subsidiary hazard |
Bulk packages |
|
Providing and affixing placards by Highway |
Visibility and display of placards |
|
Special placarding provisions by Highway |
General specifications for placards
|
|
Providing and affixing placards by Rail |
There is a section for each
placard that gives an example and describes it. |
|
Special placarding provisions by Rail |
|
Freight containers and aircraft unit load devices
|
* NOTE: FOR SPECIFIC REQUIREMENTS FOR PREPARATION OF SHIPMENTS YOU MUST
USE THE MOST CURRENT EDITION OF 49 CFR.
HAZARDOUS MATERIALS TRAINING
In addition to the communications
requirements that took effect on October 1, 1993, hazmat employers must
have trained hazmat employees hired prior to 07/02/93. For complete
definition of hazmat employer and hazmat employee please see definitions
contained in appendix A.
TRAINING REQUIRED
General
awareness/familiarization : General awareness and
familiarization training is intended to raise the hazmat employees
awareness of the HMR and the purpose and meaning of the hazard
communication requirements. All hazmat employees must have this training
Function-specific
training: Function specific training is intended to teach the
necessary knowledge, skills, and abilities for an individual's job
function.
Safety
training: This training provides information concerning the
hazards posed by materials in the work place, personal protection
measures. The training may include basic emergency response procedures
but is not intended to satisfy the requirements of 29 CFR 1910.120.
Modal
specific requirements: Any additional training required by 49
CFR PARTS 174, 175, 176, or 177.
The regulation does not specify sources of training. It is not the
position of DOT to designate sources of training nor certify training
courses, instructors, and/or schools. It is the hazmat employers
responsibility to determine the adequacy of the training being presented.
Training may be in any appropriate format including lecture, conference,
self paced instruction, interactive video, etc.
INITIAL
TRAINING
A new hazmat employee who changes job functions may perform those
functions prior to completion of training provided the employee performs
those functions under the direct supervision of a properly trained and
knowledgeable hazmat employee; and the training is completed within 90
days after employment or job function.
RECURRENT TRAINING
Employees must receive the required training every three years or any
time there is a change in job function. A
change in the Hazardous Materials Regulations constitute a change in job
function.
RECORDKEEPING REQUIREMENTS
A record of current training, inclusive of the preceding three years,
in accordance with this subpart shall be created and retained by each
hazmat employer for each hazmat employee for as long as that employee is
employed by that employer as a hazmat employee and for 90 days thereafter.
The record shall include: (1) The hazmat employee's name; (2) The most
recent training completion date of the hazmat employee's training; (3) A
description, copy, or the location of the training materials used to meet
the requirements; (4) The name and address of the person providing
training; and (5) Certification that the hazmat employee has been trained
and tested as required by this subpart.
The records required by this rule must be produced upon reasonable
demand by an authorized employee of the Department of Transportation.
Records may be in any format such as paper or electronic files as long as
they contain the required information and are readily available.
Compliance with the current requirements
for a CDL with a tank vehicle or hazardous materials endorsement provides
a driver with the general knowledge and skills necessary to safely operate
a commercial motor vehicle with hazardous materials cargo. This may
satisfy the hazardous materials training requirements. As a hazmat
employee, additional specialized training may be required based on the job
function and material-specific requirements related to the handling of
hazardous materials. The hazmat employer must determine the extent to
which the CDL endorsement satisfies all training requirements . (
note: CDL endorsement(s) may not fulfill the safety training
requirement also not all drivers transporting HM are required to get a
CDL. It remains the responsibility of the hazmat employer to ensure
that their hazmat employees are properly trained for each hazmat function
in accordance with the requirements of 49 CFR, Subpart H, Part 172. The
training requirements for hazmat employees who also drive commercial motor
vehicles are supplemental to the licensing requirements of the CDL
program. Accordingly, RSPA is not providing a blanket exception from
this final rule for a hazmat employee who operates a commercial motor
vehicle, with a tank vehicle or hazardous materials endorsement on a CDL
. I would recommend that motor carriers review the training material
and test for the hazardous materials or cargo tank endorsement to the CDL
and compare these with their company operations. For those operations not
adequately covered by the CDL endorsement, the driver must be trained and
tested. Recurrent training is required every three years . If a CDL
Endorsement is valid for four years, or the regulations change, then the
CDL Endorsement does not meet the recurrent training requirement.
EMERGENCY RESPONSE INFORMATION
- A 24
HOUR EMERGENCY RESPONSE TELEPHONE NUMBER ON THE
SHIPPING PAPER
- EMERGENCY
RESPONSE INFORMATION ON THE SHIPPING PAPER OR IN A
SEPARATE DOCUMENT MAINTAINED WITH
THE SHIPPING PAPER.
- DESCRIPTION OF THE HM
- IMMEDIATE HAZARDS TO HEALTH
- IMMEDIATE
METHODS FOR HANDLING SMALL OR LARGE FIRES
AND SPILLS OR LEAKS.
- PRELIMINARY FIRST AID MEASURES
The requirement for Emergency Response information is contained in 49
CFR, Part 172, Subpart G. The number must be maintained at all times that
a shipment is in transit. The use of beepers, answering machines, and
switchboards are not authorized. The phone number must be to someone
capable of providing information on the material. The written emergency
response sheet must list the DOT proper description. If the carrier's
equipment has an emergency response guide or similar document on board
there is no requirement to provide a separate emergency response document.
This exception is valid only if the emergency response guide is on the
vehicle . An MSDS sheet may be used to fulfill this requirement, if it
contains all the required information. FED STD 313C requires all material
procured by the government will be supplied with an MSDS that satisfies
this requirement.
For transportation by highway, if a transport vehicle contains
hazardous materials for which a shipping paper is required and the
transport vehicle is separated from it's motive power and parked at a
location other than a facility operated by the consignee, consignor, or
carrier, the carrier shall (1) Mark the transport vehicle with the
telephone number of the motor carrier on the front exterior near the brake
hose or electrical connection; or (2) have the shipping paper and
emergency response information readily available on the transport vehicle.
This requirement doesn't apply if the identification number for each
hazardous materials contained therein is marked on the outside of the
vehicle on an orange panel or white square on point placard.
PACKAGING
WHAT IS
PERFORMANCE ORIENTED PACKAGING?
A packaging construction system based on performance standards
developed in the form of Recommendations by the United Nations Committee
of Experts on the Transport of Dangerous Goods (UN Recommendations). The
UN standards have general requirements for materials, construction and a
maximum capacity. Strength and integrity of containers are established by
a series of performance tests which the package must pass or be capable of
passing before it is authorized for the carriage of hazardous materials.
The international standards have general requirements for materials,
construction and a maximum capacity as compared to detailed DOT
specifications for non-bulk packagings formerly contained in 49 CFR, Part
178.
Packaging requirements are based on the Packing Group of the material,
its vapor pressure, and chemical compatibility between the package and the
HM. Non-bulk packaging standards are based upon a number of performance
tests. In addition to UN Recommendation performance oriented tests, a
vibration test for non-bulk packaging are required domestically. Reuse of
plastic and metal drums based on minimum thickness requirements. (This
substitutes for the lack of performance tests in UN standards with regard
to puncture resistance, abrasion resistance and metal fatigue). Package
manufacturer's written notification to customers of any specification
shortfalls or steps to be taken to conform with applicable specification.
Performance tests for UN packaging, including design qualification tests
and periodic retests, are included in Part 178.
PACKING
GROUPS
The packing group designated in the 172.101
Table, column 5, indicates the degree of danger presented by the material.
The shipper is responsible for determining the appropriate packing group.
|
Packing
Group |
Degree
of Danger |
|
I |
Great |
|
II |
Medium |
|
III |
Minor
|
If more than one packing group is indicated for an entry, the packing
group for the HM is determined using the criteria in 49 CFR, Part 173,
Subpart D.
Example:
For Class 3 (flammable liquids) materials having more than one
packing group indicated in 172.101 Table, column 5, the packing group is
determined by applying the following criteria:
|
| Packing
Group |
Flash
Point |
Initial
Boiling Point |
| I |
|
|
< 35º C |
| II |
< 23ºC (73ºF) |
> 35ºC |
| III |
> 23ºC < 60ºC |
> 35ºC |
49 CFR 173.121
PACKAGING
RESPONSIBILITIES
General requirements are contained in 49 CFR §171.2(c). No person may
represent, certify, mark, sell, or offer a packaging or container as
meeting the requirements of the HMR, governing its use in transportation
of a hazardous material, whether or not it is used or is intended to be
used for transportation of a hazardous material, unless the packaging or
container is manufactured, fabricated, marked, maintained, reconditioned,
repaired, or retested, as appropriate, in accordance with the HMR.
The Shipper's responsibility is to classify and describe the HM in
accordance with Parts 172 and 173. Determine that the packaging or
container is an authorized packaging, including all special requirements,
and that the package has been manufactured, assembled, and marked in
accordance with the HMR. The shipper may accept the manufacturer's
certification, specification, approval, or exemption marking in
determining the packaging compliance. Based on written instructions by the
manufacturer [178.2(c)], perform all actions which need to be taken for
the packaging to conform to the requirements of Part 178. Perform any
packaging functions required by §173.24, §173.24a, and §173.24b for which
the shipper is responsible such as filling limits, compatibility between
the HM and container, and securing and cushioning.
It is the responsibility of the packaging manufacturer and the person
who offers a hazardous materials for transportation, to the extent that
assembly functions including final closure are performed by the latter, to
assure that each package is capable of passing the prescribed tests.
Performance
Tests - The following tests are performed as appropriate for
each type of package. Drop test, 178.603; Leakproofness test, 178.604;
Hydrostatic pressure test, 178.605; Stacking test, 178.606; Cooperage test
for bung-type wooden barrels, 178.607; Chemical compatibility test for
plastic receptacle, 178.608; Vibration standard, 173.24a(a)(5).
NOTE:
Each section must be consulted to determine the applicable test
for each type of container.
PACKAGE
TESTING consists of the following: Design Qualification
Testing, §178.601(c)(1); Periodic Retesting, §178.601(c)(2); Production
Testing, §178.601(c)(3); Frequency of Periodic Testing, §178.601(e); Test
Samples, §178.601(f).
The person who manufactures a package subject to the requirements of
the hazardous materials regulations is responsible to insure the package
is in conformance with the requirements contained in 49 CFR, Part 178.
When a package is required to be marked with a UN standard or DOT
specification the package must meet all the requirements of the regulation
including testing. The manufacturer or person certifying the package is in
compliance with Part 178 must inform in writing each person to whom the
packaging is transferred of all requirements of Part 178 not met at time
of transfer, and all actions that need to be taken for the package to
conform to requirements of Part 178. The written statements must be
retained by the manufacturer for at least one year 49 CFR §178.2(c). When
filling packages with hazardous materials the shipper must comply with
these written instrutions.
PERFORMANCE
ORIENTED PACKAGE MARKING
The Manufacturer's Marking Requirement, is contained in 49 CFR
§178.503.
1. The United Nations symbol.
2. Packaging identification code consisting of:
Type of packaging
Material of construction
Category of packaging (when appropriate)
3. A letter identifying the performance standard.
X - Meeting packing group I, II, and III tests.
Y - Meeting packing group II and III tests.
Z - Meeting only packing group III tests.
4. Specific gravity or mass.
Specific gravity for packaging without inner linings designed to hold
liquids rounded down to the first decimal for those nonviscous liquids
having a specific gravity greater than 1.2.
Maximum gross mass in kilograms for viscous liquids, solids, or inner
packagings.
5. A letter "S" for packaging intended only for solids or inner
packagings, Test pressure in kilopascals of the hydrostatic test pressure.
6. The last two digits of the year of manufacture.
7. The letters indicating the country of origin (e.g., "USA").
8. The name and address or symbol of the
person applying the marks.
9. Other markings: Month of manufacture for plastic drums (1H) and
jerricans(3H). May be marked in a different location. Minimum thickness of
packaging material in millimeters (mm) for metal or plastic drums or
jerricans intended for reuse. Tare weight preceded by "TW" for packaging
intended for nitric acid.
10. Reconditioned packaging. Items 1-6 and thickness in millimeters
must be applied in a permanent manner able to withstand reconditioning.
The following additional markings are required:
Name of the country in which the reconditioning was performed.
Name and address or symbol of the reconditioner.
Month and last two digits of the year of reconditioning.
The letter "R".
The letter "L" for packaging passing a leakproofness test.
LOADING AND UNLOADING
49 CFR Parts 174-177 contain additional modal requirements for
transporting hazardous materials by rail, water, air, and highway. Part
177 for highway contains a number of general and specific requirements for
loading and unloading hazardous materials in §177.834-§177.854.
Blocking
and Bracing
Hazardous materials packages should be secured in a transport vehicle
to prevent damage during transportation. The motor carrier is responsible
for blocking and bracing HM for shipment by highway. Therefore a carrier
who removes and or alters blocking and bracing material installed by the
shipper is not necessarily in violation of federal law. If the hazardous
materials leaks or spills during transport due to insufficient blocking
and bracing, the motor carrier is at fault.
COMPATIBILITY
Both shippers and carriers are responsible for compatibility. The
requirement for shippers to comply with compatibility considerations is
contained in 49 CFR 173.22. In order to determine compatibility for
shipments by highway, shippers and carriers should refer to 49 CFR 177.848
- Segregation of hazardous materials.
This section applies to: Packages that require labeling,
multi-compartmented cargo tanks, and portable tanks loaded in transport
vehicles or freight containers. If a vehicle is to be transported aboard a
vessel, other than a ferry, and is loaded with hazardous materials, that
vehicle must meet the compatibility requirements of Part 176. Regardless
of the hazard class, cyanide and cyanide mixtures can not be transported
with acids.
In order to determine compatibility you are now required to be familiar
with two tables which are:
Segregation
Table for Hazardous Materials is used for all materials.
However, this table is only used for Class 1 materials when comparing
Class 1 with other classes/divisions of hazardous materials.
Compatibility
Table for Class 1 (Explosive) Materials is used for
determining compatibility for one Class 1 material and another Class 1
material.
When using the aforementioned tables be sure to read the entire
section, 178.848, be aware there are special instructions and exceptions
listed. In addition to this section, shippers and carriers should check
sections 177.834 through 177.844 for any additional handling requirements.
APPENDIX A
DEFINITIONS
AGRICULTURAL
PRODUCT :
An agricultural product means a hazardous material, other than a
hazardous waste, whose end use directly supports the production of an
agricultural commodity including, but not limited to a fertilizer,
pesticide, soil amendment or fuel. An agricultural product is limited to a
material in Class 3, 8, or 9, Division 2.1, 2.2, 5.1, or 6.1, or an ORM-D
material.
COMMERCE
: The term "commerce" means trade, traffic, commerce, or
transportation within the jurisdiction of the United States.
(A) between a place in s State and any place outside of such State, or
(B) which affects trade, traffic, commerce, or transportation described in
subparagraph (A). 49 USC 5101 et seq .
GOVERNMENT
NOT ENGAGED IN COMMERCE:
(1) The Government service or
activity benefits the community as a whole and is available to the
public at little or no direct expense. (2) The service or activity is
undertaken for the purpose of public service rather than for
pecuniary gain ; (3) Government is the principal provider of
activity; and (4) Government is particular suited to provide the service
or perform the activity; (5) The activity is supported through general
tax revenues.
GOVERNMENT
IS ENGAGED IN COMMERCE:
(1) When it engages in activities
contrary to the aforementioned circumstances. (2) When the government
"offers" material into commerce.
CONTRACTORS:
Any person who, under contract with any department, agency, or
instrumentality of the executive, legislative, or judicial branch of the
Federal Government, transports, or causes to be transported or shipped, a
hazardous material or manufactures, fabricates, marks, maintains,
reconditions, repairs, or tests a package or container which is
represented, marked, certified, or sold by such person as qualified for
use in transportation of hazardous materials shall be subject to and
comply with all provisions of the Federal Hazardous Material
Transportation Law, or the regulations issued thereunder.
HAZMAT EMPLOYER:
A person who uses one or more of its employees in connection with;
transporting hazardous materials in commerce; causing hazardous materials
to be transported or shipped in commerce; or representing, marking,
certifying, selling, offering, manufacturing, reconditioning, testing,
repairing, or modifying containers, drums, or packaging as qualified in
the transportation of hazardous materials. This term includes an
owner-operator of a motor vehicle which transports hazardous materials in
commerce. This term includes any department, agency, or instrumentality of
the United States, a State, a political subdivision of a State, or an
Indian tribe engaged in the first sentence of this definition.
HAZMAT EMPLOYEE:
A person who is employed by a hazmat employer and who in the course of
employment directly affects hazardous materials transportation safety.
This term includes an owner-operator of a motor vehicle which transports a
hazardous materials in commerce. This term includes an individual,
including a self-employed individual, employed by a hazmat employer who,
in the course of employment: (1) Loads, unloads, or handles hazardous
materials; (2) Manufactures, tests, reconditions, or repairs, modifies,
marks, or otherwise represents containers, drums, or packages as qualified
for use in the transportation of hazardous materials; (3) Prepares
hazardous materials for transportation; (4) Is responsible for safety of
transporting hazardous materials; or (5) Operates a vehicle used to
transport hazardous materials.
MATERIALS OF TRADE
Materials of Trade means a hazardous material, other than a hazardous
waste, that is carried on a motor vehicle--(1) For the purpose of
protecting the health and safety of the motor vehicle operator or
passengers; (2) For the purpose of supporting the operation of a motor
vehicle (including its auxiliary equipment) or; (3) By a private motor
carrier (including vehicles operated by a rail carrier) in direct support
of a principal business other than transportation by a motor vehicle.
OFFEROR:
Any person who performs, attempts to perform or, under the
circumstances involved, is contractually or otherwise responsible to
perform, any of the functions assigned to the offeror or shipper by the
HMR is legally responsible under the HMR for their proper performance.
Performance or attempted performance of any offeror
or shipper function may be evidence of responsibility under the HMR for
performance of other offeror or shipper functions. No shipper commercial
act, such as a sale or transfer of ownership, is necessarily determinative
of that responsibility
NOTE: In actuality there may be one or more offerors, jointly and
severally responsible for compliance with the HMR, in any transportation
scenario depending upon the details of the scenario!
PERSON:
A person" means an individual, firm, co-partnership, corporation,
company, association, joint-stock association, including any trustee,
receiver, assignee, or similar representative thereof, or government,
Indian tribe, or agency or instrumentality of any government or Indian
tribe when it offers hazardous materials for transportation in commerce or
transports hazardous materials in furtherance of a commercial enterprise,
BUT SUCH TERM DOES NOT INCLUDE:
(1) THE UNITED STATES POSTAL SERVICE; or
(2) FOR THE PURPOSES OF SECTIONS 110 AND 111 OF THE HAZARDOUS
MATERIALS TRANSPORTATION ACT (49 App. U.S.C. 5123-5124), ANY AGENCY OR
INSTRUMENTALITY OF THE FEDERAL GOVERNMENT
SHIPPER:
The word "shipper" is not specifically defined in the HMR (49 CFR Parts
170-179), due primarily to the fact that it is not possible for the
Department to account for the numerous commercial arrangements that may
exist under that concept, Although the word "shipper" does appear, it is
used in an ordinary layman's manner rather than as a specific, technical
term of art. Consequently, responsibilities generally are placed on
"offerors" for performance of the functions associated with "offering"
hazardous materials for transportation (e.g., see the general duty and
applicability provisions in 49 CFR 171.1, 171.2, 172.3, and 173.1).
TRANSPORTS
:
The term "transports" or "transportation" means any movement of
property by any mode, and any loading, unloading, or storage incident
thereto.
TRANSPORTATION IN COMMERCE ON A PUBLIC HIGHWAY:
Transportation on (across or along) roads outside of Government
properties generally is transportation in commerce. If a road is used by
members of the general public (including dependents of Government
employees) without their having to gain access through a controlled access
point, transportation on (across or along) a road on Government properties
is in commerce. On the other hand if access to a road is controlled at all
times through the use of gates and guards, transportation on that road is
not in commerce.
COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 required DOT to establish
Federal standards for States to test and license truck and bus drivers,
establish uniform penalty provisions, and establish a data system
containing data on drivers.
COMMERCIAL
DRIVERS LICENSE REGULATION APPLICABILITY :
THE RULES IN THIS PART APPLY TO EVERY PERSON WHO OPERATES A
COMMERCIAL MOTOR VEHICLE IN INTERSTATE, FOREIGN, OR INTRASTATE
COMMERCE AND TO ALL EMPLOYEES OF SUCH PERSONS.
COMMERCIAL DRIVERS LICENSE:
Does
not apply to active duty military drivers
Does
apply to Government Civilian Employees
MOTOR
CARRIER SAFETY ACT OF 1990 :
Of all the requirements contained in this Act, the one that should be
of interest is Federal
agencies are prohibited from using carriers rated unsatisfactory to
provide transportation for hazardous materials in quantities requiring
placarding.
SAFETY
RATINGS AND CARRIER PROFILES are public information and may be
obtained on the Internet on a new system called SAFER (Safety and Fitness
Electronic Record) at http://www.safersys.org/
APPENDIX B
Eastern
Resource Center
Joseph
Evans, HM Specialist
City Crescent Building
10 South Howard
Street, Suite 4000
Baltimore, Maryland 21201
Com (570)
346-4949
Fax (410) 962-2273
Internet Address:
mailto:joseph.evans@fmcsa.dot.gov
Connecticut
(860) 659-6700
Delaware (302) 734-8173
District of Columbia
(202) 523-0178
Maine (207) 622-8358
Maryland (410) 962-4342
New Hampshire (603) 225-1626
New Jersey (609) 637-4222
New York (518) 431-4145
Pennsylvania (717) 221-4443
Puerto Rico (787) 766-5985
Rhode Island (401) 528-4578
Vermont (802) 828-4480
Virginia (804) 281-5120
West
Virginia (304) 347-5935 |
Mid-West
Resource Center
Joseph
DeLorenzo
19900 Governors Drive, Suite 210
Olympia Fields,
Illinois 60461-1021
Com (708) 283-3577
Fax (708) 283-3579
Internet Address:
mailto:Joseph.Delorenzo@fmcsa.dot.gov
Illinois
(217) 492-4602
Indiana (317) 226-7474
Iowa (515) 233-7400
Kansas (785) 267-7288
Michigan (517) 377-1866
Minnesota
(651) 291-6150
Missouri (573) 636-3246
Nebraska (402)
437-5986
Ohio (614) 280-5657
Wisconsin (608) 829-7530
|
Southern
Resource Center
Tim
Phillips
100 Alabama Street, 17th Floor
Atlanta, Georgia
30303-3104
Com (678) 358-4824
Fax (404) 562-3704
Internet Address:
mailto:charles.phillips@fmcsa.dot.gov
Alabama
(334) 223-7244
Arkansas (501) 324-5050
Florida (850)
942-9683
Georgia (404) 562-3620
Kentucky (502) 223-6779
Louisiana (504) 389-0390
Mississippi (601) 965-4219
New
Mexico (505) 346-7858
North Carolina (919) 656-4378
Oklahoma
(405) 605-6047
South Carolina (803) 765-5414
Tennessee (615)
781-5781
Texas (817) 978-3225 |
Western
Resource Center
Robert
J. Brown Jr.
201 Mission Street,
Suite 2100
San
Francisco, California 94105
Com (415) 744-3088
Fax (415)
744-2665
Internet Address:
mailto:Robert.Brown@fmcsa.dot.gov
Alaska
(907) 271-4068
Arizona (602) 379-6851
California (916)
498-5050
Colorado (303) 969-6748
Hawaii (808) 541-2700
Idaho (208) 334-1842
Montana (406) 449-5304
Nevada (775)
687-5335
North Dakota (701) 250-4346
Oregon (503) 399-5775
South Dakota (605) 224-8202
Utah (801) 963-0096
Washington (360) 753-9875
Wyoming (307) 772-2305
Samoa
(808) 541-2700
Guam (808) 541-2700
Northern Marianna (808)
541-2700 |
APPENDIX C
PUBLICATION
SOURCES
Copies of the regulations may be purchased from the nearest Government
Printing Office Bookstore. Commercial Sources are also listed on RSPA's
Hazardous Materials Information Exchange (HMIX). The HMIX is a
computer bulletin board listing valuable information on rulemakings,
training, and publications. For more information call 1-800-plan for
(752-6367) or contact RSPA at:
Research and Special Programs Administration
400 Seventh Street,
S.W., DHM-50 Room 8104
Washington, D.C. 20590-0001
Internet
mailto:TRAINING@RSPA.DOT.GOV
The following is a partial listing of sources for additional
publications and training material. This list is provided as a courtesy
and is not an endorsement for these companies or their products. For a
more detailed listing you may write:
Labelmaster
5724 North Pulaski Road
Chicago, IL 60611
(312) 478-0900
1-800 621-5808 |
