09-23-2008 11:52 AM by
wimpy
When I obtained my hazmat endorsement I could of swore that the study guide said that drivers are supposed to watch/supervise what kind of hazmat is going into your trailer? How it's being loaded,etc,etc. Now I pull doubles for FedEx and ALL my loads are already preloaded and sealed by the time I hookup to them, some being hazmat. So my question is...is this right I thought the drivers supposed to be able to watch the cargo be loaded when its hazmat????? The only way I know what kind of cargo/hazmat I have is thru the BOL and sometimes the dispatcher, just kinda seems weird when I got explosives, flammables , corrosives, etc. right behind where I sleep!!!
Because of heightened security concerns and recent hazmat transportation incidents, the shipping paper has come under more scrutiny by the U.S. Department of Transportation (DOT) and state inspectors than ever before. Shippers and carriers are being asked to demonstrate their compliance with all regulations for preparing their hazardous materials for shipment. Moreover, of the 304 civil enforcement actions closed from May 2005 to April 2006, 215 were shippers in violation of one or more of the hazmat regulations. The price they are paying is going up. The Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005 raised maximum civil penalty amounts to $50,000/day/incident ($100,000/day/incident for serious violations). It’s not just the company logistics manager who has to worry.
The hazmat regulations do not restrict who can sign the shipping paper. It is not uncommon for the EH&S professional to have responsibilities for managing hazmat transportation. Whether it is a shipment of hazardous waste, the movement of raw materials into the field or another site, or the movement of unwanted surplus chemicals to another person, EH&S managers are signing shipping papers. Even though hazmat compliance may be an ancillary function, the consequences are significant for both the managers and their organizations.
DOT requires that each shipment accompanied by a shipping paper must contain a certification on behalf of the shipper. The words are few (34 to 46, depending on which one you choose), but significant:
I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked and labeled/placarded and are in all respects in proper condition for transport according to applicable international and national governmental regulations. [49 CFR 172.204(a)(2), emphasis added]
With each shipping paper and each signature, the EH&S manager asserts that everything to do with that hazmat shipment has been done 100 percent correctly, according to DOT’s rules, period. Even more disconcerting, it is unlikely the manager has personally done all of the functions himself, so he is relying on others to do the job correctly. The need to know that everything has been done correctly is essential; in fact, DOT considers the person affixing the certification signature to be a “hazmat employee” and therefore subject to the training requirements in the hazmat rules (49 CFR 172, Subpart H).
The level of function-specific training a person signing the shipping paper must complete is significant. He must know all aspects of classifying, packaging, and communicating hazardous materials. After all, if you don’t know what is required, how do you know someone else has performed his functions correctly? This article will provide an overview of the hazmat shipping and classification process. In next month’s issue, the second part of the article will address packaging, loading, and security. Along the way, we’ll identify the common mistakes and oversights made by shippers and also key management strategies that may be easily implemented to help you reduce risks conserve resources and save time.
Overview of the Hazmat Rules
Perhaps the first question that must be answered is, do the DOT hazmat rules apply? DOT requires compliance when the following four criteria are true:
¦ Transportation of
¦ Hazardous Materials
¦ In commerce
¦ By aircraft, rail car, vessel, or motor vehicle along a public highway DOT defines a hazardous material as “a substance of material, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. . . .” [49 CFR 171.8, emphasis added]
DOT designates hazmats primarily by defining hazardous properties. These properties are categorized into hazard classes and divisions (e.g., Class 3—flammable liquids). However, also included in the DOT definition are miscellaneous materials that may or may not be considered hazardous in the general sense. This includes hazardous wastes and substances defined by EPA, marine pollutants, and certain materials simply named by DOT as being hazardous.
In Commerce DOT takes a fairly broad interpretation of “in commerce” for purposes of the hazmat rules. Essentially, DOT has indicated that materials are transported in commerce if it is being done to further a commercial enterprise. This can include shipments of:
¦ Products to distribution centers or directly to customers
¦ Wastes
¦ Raw materials or intermediates to/between facilities
The Offering Process
The hazmat rules are fairly prescriptive. A careful study of the rules shows there is a specific sequence you must follow, from the initial intent to ship through the loading, transportation, and unloading. Unfortunately, the rules are not written in sequential order. To properly manage the shipping process (from classification to loading), the EH&S manager needs to understand this process—not only to know who is responsible for what, but also to know what each of those people must depend on to do their functions properly. This process will help the manager find weaknesses and implement corrections, as needed.
Quote:
Originally Posted by Manicmechnic
Because of heightened security concerns and recent hazmat transportation incidents, the shipping paper has come under more scrutiny by the U.S. Department of Transportation (DOT) and state inspectors than ever before. Shippers and carriers are being asked to demonstrate their compliance with all regulations for preparing their hazardous materials for shipment. Moreover, of the 304 civil enforcement actions closed from May 2005 to April 2006, 215 were shippers in violation of one or more of the hazmat regulations. The price they are paying is going up. The Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005 raised maximum civil penalty amounts to $50,000/day/incident ($100,000/day/incident for serious violations). It’s not just the company logistics manager who has to worry.
The hazmat regulations do not restrict who can sign the shipping paper. It is not uncommon for the EH&S professional to have responsibilities for managing hazmat transportation. Whether it is a shipment of hazardous waste, the movement of raw materials into the field or another site, or the movement of unwanted surplus chemicals to another person, EH&S managers are signing shipping papers. Even though hazmat compliance may be an ancillary function, the consequences are significant for both the managers and their organizations.
DOT requires that each shipment accompanied by a shipping paper must contain a certification on behalf of the shipper. The words are few (34 to 46, depending on which one you choose), but significant:
I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked and labeled/placarded and are in all respects in proper condition for transport according to applicable international and national governmental regulations. [49 CFR 172.204(a)(2), emphasis added]
With each shipping paper and each signature, the EH&S manager asserts that everything to do with that hazmat shipment has been done 100 percent correctly, according to DOT’s rules, period. Even more disconcerting, it is unlikely the manager has personally done all of the functions himself, so he is relying on others to do the job correctly. The need to know that everything has been done correctly is essential; in fact, DOT considers the person affixing the certification signature to be a “hazmat employee” and therefore subject to the training requirements in the hazmat rules (49 CFR 172, Subpart H).
The level of function-specific training a person signing the shipping paper must complete is significant. He must know all aspects of classifying, packaging, and communicating hazardous materials. After all, if you don’t know what is required, how do you know someone else has performed his functions correctly? This article will provide an overview of the hazmat shipping and classification process. In next month’s issue, the second part of the article will address packaging, loading, and security. Along the way, we’ll identify the common mistakes and oversights made by shippers and also key management strategies that may be easily implemented to help you reduce risks conserve resources and save time.
Overview of the Hazmat Rules
Perhaps the first question that must be answered is, do the DOT hazmat rules apply? DOT requires compliance when the following four criteria are true:
¦ Transportation of
¦ Hazardous Materials
¦ In commerce
¦ By aircraft, rail car, vessel, or motor vehicle along a public highway DOT defines a hazardous material as “a substance of material, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. . . .” [49 CFR 171.8, emphasis added]
DOT designates hazmats primarily by defining hazardous properties. These properties are categorized into hazard classes and divisions (e.g., Class 3—flammable liquids). However, also included in the DOT definition are miscellaneous materials that may or may not be considered hazardous in the general sense. This includes hazardous wastes and substances defined by EPA, marine pollutants, and certain materials simply named by DOT as being hazardous.
In Commerce DOT takes a fairly broad interpretation of “in commerce” for purposes of the hazmat rules. Essentially, DOT has indicated that materials are transported in commerce if it is being done to further a commercial enterprise. This can include shipments of:
¦ Products to distribution centers or directly to customers
¦ Wastes
¦ Raw materials or intermediates to/between facilities
The Offering Process
The hazmat rules are fairly prescriptive. A careful study of the rules shows there is a specific sequence you must follow, from the initial intent to ship through the loading, transportation, and unloading. Unfortunately, the rules are not written in sequential order. To properly manage the shipping process (from classification to loading), the EH&S manager needs to understand this process—not only to know who is responsible for what, but also to know what each of those people must depend on to do their functions properly. This process will help the manager find weaknesses and implement corrections, as needed.
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Wimpy...you only have to be "present" when you are responsible for the loading or unloading...like say...deliviering fuel to a gas station. At a dock or plant, you are many times required to wait in a specific area, while the loading or unloading is done. You are reponsible for keeping the paperwork for any hazardous material "On Top" of all other paperwork associated with a load, such as you pull with dry vans. It's a lot easier when you pull tanker, since you generaly only have three to four sets of paperwork. The shippers BOL, the shippers COA (Certificate of Analysis), the MSDS, and the Carrier BOL. Sometimes you carry a load that is not accompanied by the MSDS. Then you are required to have the "Emergency Response Handbook" in possession (Your required to have that, even with MSDS).
