Fines for hazmat shipping violations in all modes will get steeper August 1st under new PHMSA rules targeting violators. A Boeing 787 Dreamliner lifts from Everett, Washington’s Paine Field on Saturday, June 22nd, 2016. Image © 6/2016 by Nikki Burgess; all rights reserved.

The USDOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) took a big step forward yesterday in upping the ante for shippers who knowingly violate the regulation contained in the US 49 CFR Parts 100 – 185 Hazardous Materials Regulations (HMR).  Increases in penalties had been bandied about the industry for some time, and have now been clarified and set into the regulatory structure. See a list of common violations here.

In agency docket number Docket # PHMSA-2016-0041 (HM-258D), penalties have been increased as follows:

Maximum penalties:

• A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $77,114 for each violation, except the maximum civil penalty is $179,933 if the violation results in death, serious illness or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $463 for violations relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense.
• A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair or testing of a package, container, or packaging component which is represented, marked, certified, or sold by that person as qualified for use in the transportation of hazardous materials in commerce is liable for a civil penalty of not more than $77,114 for each violation, except the maximum civil penalty is $179,933 if the violation results in death, serious illness or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $463 for violations relating to training.

Compliance date set by PHMSA is 8/1/2016, so be sure to have all of your plans set before the new penalty date.

Here is a link to the relevant Federal Register notice

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 www.labelmaster.com.  For more specific information on the US Hazard Communication Standard, the UN GHS, and products related to it, see www.labelmaster.com/GHS.