SHIPPER  RESPONSIBILITIES

 

Non-compliance with hazardous materials transportation regulations, including loading and securing standards, pose unnecessary risks to the public, property, and the environment.  The failure of shippers and carriers to follow these standards may cause or contribute to the severity of transportation accidents which also may result in disruptions to the transportation system and trade.  Consequently, the adequate training of workers preparing hazardous material shipments is not only good business practice, it is the law.  While 49 CFR 172 Subpart H describes specific training requirements, the key regulation under which all shippers of hazardous materials in the United States must operate – Section 173.1(b) of Title 49 Code of Federal Regulations [49 CFR 173.1(b)] states:

 

A shipment of hazardous material that is not prepared for shipment in accordance with this subchapter may not be offered for transportation by air, highway, rail or water.  It is the responsibility of each hazmat employer subject to the requirements of this subchapter to ensure that each hazmat employee is trained in accordance with the requirements prescribed in this subchapter.  It is the duty of each person who offers hazardous materials for transportation to instruct each of his officers, agents, and employees having any responsibility for preparing hazardous materials for shipment as to applicable regulations in this subchapter.

 

 

EXEMPTIONS Special Permits

 

Exemptions Special Permits to the hazardous material transportation regulations are issued by the U.S. Department of Transportation through the Pipeline and Hazardous Materials Safety Administration’s Office of Exemptions Special Permits and Approvals.  Exemptions Special Permits are vital to industry, allowing quick implementation of new technology and evaluation of new operational techniques which often increase productivity and enhance transportation safety.  Exemptions Special Permits not only authorize a person to perform a function that is not otherwise allowed by 49 CFR 171-180, but serve as Competent Authority Approval for the United States under the IMDG Code.  A detailed explanation of Competent Authority Approvals and Exemptions Special Permits is found in 49 CFR Part 107.  The recommended point of contact is:

 

U.S. Department of Transportation

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Exemptions Special Permits and Approvals (PHH-31)

East Building, 2nd Floor

1200 New Jersey Avenue, SE

Washington, D.C.  20590-0001

Phone: (202) 366-4535

World Wide Web Address: http://phmsa.dot.gov/special-permits-approvals

 

COMPLIANCE  INSPECTIONS

 

All hazardous material shipments are subject to routine compliance inspections by U.S. Department of Transportation (DOT) administrations including the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), U.S. Coast Guard (USCG), and Pipeline and Hazardous Materials Safety Administration (PHMSA).  Inspectors may detain containers until corrective action is completed and/or initiate civil penalty action for violation of these hazardous materials regulations.  Civil penalties can be assessed in amounts up to $55,000 per violation per day.  Criminal penalties -- for willful violation of the regulations -- are subject to Title 18, United States Code and/or 5 years imprisonment except in the case of a violation involving death or bodily injury is subject to 10 years..  When configuring loads, and the blocking and bracing to secure those loads, keep in mind inspectors may need to visually inspect the shipment.  To avoid undue delays, configure the loads such that the contents, and the required labels and markings, can be seen from the doors.

 

LOADING AND SECUREMENT REQUIREMENTS

 

The following excerpts of the October 2009edition of Title 49 CFR cover only general loading and bracing requirements for hazardous materials (other than explosives) for shipment by rail, highway, and the water modes.  For certain hazard classes, there are additional loading and securement requirements within each modal section of the regulations.  Consult the current edition of Title 49 CFR Parts 100-185 (the federal hazardous material transportation requirements for rail, highway, and maritime modes) for updates and specific additional requirements.  For questions, use the DOT points of contact listing provided in Appendix A of this guide.