Class 3 Hazmat Group
When we think of the various types of hazardous materials (“hazmat”) offered for transport, we tend to visualize typical hazmat transport vehicles seen on
the highway. Everyday hazardous material shipments found traveling along the roadway often will include a tank-truck of gasoline (flammable liquid), a
flat-bed carrying drums of sulfuric acid (corrosive), or a high pressure tank road trailer of propane (flammable gas).
Chemicals, which often exhibit hazardous characteristics and a potential danger, play an important part of our everyday lives. In order for industry to
produce the products we use, the necessary production chemicals will have to be safely transported to their intended destination. The transportation of
these hazardous chemicals is probably more prevalent than you might think. As a matter of fact, the United States Department of Transportation reports that
over one million daily shipments of hazardous materials occur via land, sea, and air.
The Case of Mistaken Identity
A common question received by regulatory professionals is “How do we know if this material meets the criteria to be classified as DOT-hazardous or not?”
Tackle this issue by using resources such as product data literature from the chemical manufacturer, test results, and the safety data sheet (SDS). The
answer to your question will generally come from resources such as these.
If you know your shipment is a “regulated” hazardous material, you will follow and abide by the requirements found in the applicable regulations (49 CFR).
The big problem, and the focus of our conversation, occurs when you or your employees mistakenly assume a chemical or article is non-hazardous. When we use the term “non-hazardous” we mean that the material does not meet the definition of a DOT hazardous material as defined by the regulations found at 49 CFR 171.8 and therefore is not regulated by DOT as a hazardous material while in commerce. Materials failing to meet this definition are excluded from strict
DOT requirements such as shipping papers, package marking, labeling, and transport vehicle placarding.
Keep in mind that it is your legal obligation to accurately classify and prepare your hazmat shipment according to the rules. Offering for transport
undeclared hazmat may result in penalties for noncompliance and jeopardize safety during transport. On the other hand, a knee-jerk reaction may be to
declare non-hazardous material as hazardous as a means to “play it safe.” Inaccurate classification is a violation of the 49 CFR (see 171.2(f)) and may
jeopardize haulage safety and could potentially delay or prohibit emergency response activity in the event of an incident.
How to Avoid the Pitfalls
Being a “hazmat employer”, you face the burden of maintaining compliance with many regulatory requirements. “Hazmat employees”, those designated by your
company to prepare and ship hazardous materials, must receive training pursuant to 49 CFR Subpart H. Hazmat employees, among other tasks, must be able to identify materials that may or may not be a DOT hazardous material. They must understand and follow an established protocol to ensure the safe transport of all potentially dangerous shipments of hazardous materials. The training requirements outlined in Subpart H include (but are not limited to) employees that are responsible for the loading, unloading, transporting, and handling of hazardous materials.
There are a great deal of articles, journals, and internet blogs asserting that checklists and posters are the remedy to cure hazmat mistaken identity. The
FAA reminds shippers and passengers with the slogan “For a safe start, check the chart.” Generally speaking this is a helpful device to serve as a reminder, but charts and lists are certainly not a substitute for the DOT hazmat training required by 49 CFR 172.700.
Although not explicitly mandated by the 49 CFR, you might consider supplemental training that will better empower hazmat employees with the aptitude and knowledge to distinguish nontraditional or uncommon hazardous materials. How? Consider updating your DOT training program to include:
- A general review of unusual or uncommon hazmat.
- An extensive review of unusual hazmat that is common to your operations.
- Explain where each chemical or article is found in the DOT hazardous materials table (HMT) and explain the meaning of the associated information found in each column for each product. Remember to always check for special provisions.
- Complete several hands-on exercises involving shipments common to your facility.
- Encourage employees to ask questions.
- Test your employees to make certain they are competent and able to perform.
- Monitor and follow-up to make sure your training program is effective.
- Since everyone is the training room, why not take a few minutes to reinforce the new requirements in OSHA’s GHS-aligned Hazard Communication Standard!
Labelmaster Can Help
Check out our Shipping Limited Quanitites Informational Web Page with a brief
listing of uncommon hazmat along with products, training, and services to help you stay in compliance.
Labelmaster is a full service provider of goods and services for the Hazardous Materials and Dangerous Goods professional, shippers, transport operators,
and EH&S providers. See our full line of solutions at
