Issue link: http://read.dmtmag.com/i/86182
Hazmat Tips at a Glance Note: This is not intended to be an exhaustive list; however, the requirements referenced below are appli- cable to most hazmat shipments. All regulatory citations are to Title 49 CFR. 1) Review the Hazmat Table (§ 172.101) to see if the specific material you want to ship is listed. If so, it is a hazmat subject to the HMR. 2) Before preparing a hazmat shipment for transportation make sure that your hazmat employees have received the required training (§ 172.700). 3) Determine the mode of transportation to be used and review the applicable rules (parts 174-177) in addition to those referenced below. 4) Consult the Hazmat Table again to determine: (a) The hazmat description and proper shipping name (Column 2) (b) The specific requirements for -- (i) classifying (Column 3), (ii) identifying (Column 4), (iii) determining the packing group (Column 5), and (iv) labeling (Column 6) (c) The special provisions (Column 7 and § 172.102) that may apply (d) Any packaging exceptions, including whether the item may be shipped as a consumer commodity (Column 8A) (e) The applicable quantity limitations for passenger aircraft/rail and cargo aircraft (Column 9); and (f) Any unique requirements for vessel stowage (Column 10) 5) Consult the applicable sections of part 172 to determine the -- (a) Marking requirements (subpart D); (b) Shipping paper requirements (subpart C); (c) Placarding requirements (subpart F); (d) Emergency response information (subpart G); and (e) Training requirements for your hazmat employees (subpart H) 6) Review the general requirements for shipments and packagings (part 173) accordance with 49 CFR subpart H, which begins with § 172.700. Training consists of general awareness/familiarization, function-specific training, safety training and security train- ing. Recurrent training is also required, and needless to say, all of it must be appropriately documented. A variety of different rules apply to any hazmat shipment. For example, there are requirements to properly classify, describe, mark, label and package the particular material, as well as to prepare shipping papers and provide emergency response information. Many of these requirements are shown in the Hazmat Table (by referencing the appropriate section of the HMR); others have to be hunted down. A Series of Unfortunate Events Our case started innocently enough. We received several cans of touch-up paint from a manufacturer and stocked them in inventory. Subsequently, a customer in Hawaii requested them and so we placed the original cans in a similar outer packaging. We thought the shipment would go Regulations by vessel – the UPS website stated it would go via "ground;" however, UPS sent it by air. By the time the package reached the customer, (actually there were two other boxes contain- ing parts the customer had ordered), the boxes and some contents had been damaged, and one of the four cans of paint had leaked. The customer refused delivery, and that's when the proverbial poop hit the fan, because when UPS took back the shipment, someone noticed that the paint box did not have the required ORM-D label to indicate its hazmat contents. And because it had shipped air rather than ground/vessel, it was now a matter for the FAA. (See related sidebar on page 42.) Now, it won't come as much of a surprise to anyone that air and rail shipments are more stringently regulated and in many cases there's even a difference between what may be shipped on a passenger versus a cargo airplane. But the HMR cover all modes of transportation and the specific requirements depend mostly on the risk associated with the shipment. Paint is considered hazmat because it is a flammable liquid, although in certain cases it can be re-classed and shipped as a consumer commodity (items for personal or household use – also defined in § 171.8) and shipped in limited quantities. The HMR contains exceptions from many of the requirements for consumer commodities; however, they are still considered hazmat and therefore are regulated. In virtually every case of an undeclared hazmat ship- ment, or at least those that become enforcement cases, the government finds out about them because the containers are damaged and the shipments leak. The HMR requires the transportation providers to report such incidents. (Only a very small percentage of undeclared shipments are discovered because most of them never leak. And even if the damage was caused by the carrier, the investigating agency focuses on how the material was prepared for shipment rather than how it was handled.) After receiving an incident report, a government investiga- tor goes to the scene and takes pictures showing the pack- age, marking and label (or the absence thereof), the damage incurred during or after shipment, etc. Other evidence, such as shipping documents, personnel statements, the applicable MSDS and other documents are assembled into what the FAA (in our case) calls an Enforcement Investigative Report (EIR). You typically receive notice from the transportation provider, which does its own investigation. The next thing you know, a certified letter arrives from the enforcement agency explaining what occurred, request- ing further data and inviting you to submit any other information. In the FAA world, this is known as a letter of investigation. We took this quite seriously and, among other things, informed the enforcing agency that we would no longer ship paint or any other hazmat. Nevertheless, about a year later we received a Notice of Proposed Civil Penalty. We (continued on next page) October 2012 | Construction Equipment Distribution | www.cedmag.com | 41