Shipping Hazardous Materials


Most businesses today know when they are shipping a hazardous material. Some do not. It is your responsibility to know the law. Did you know these items are considered a hazardous material?

  • Air Freshener
  • Bleach
  • Disinfectants
  • Drain Cleaner
  • Floor Cleaner Wax
  • Inks
  • Batteries
  • Furniture Polish
  • Oven Cleaner
  • Paint
  • Paint thinner
  • Toilet Bowl Cleaner
  • Motor Oil/Gasoline
  • Insect Spray
  • Garden Fertilizer
  • Fireworks

As a shipper you must maker sure all employees involved with any part of the shipping or receiving of hazardous materials be training according to 49 CFR part 173.1.

PHSMA or Pipeline and Hazardous Materials Safety Administration (part of DOT), has materials you can obtain for free that outline what training you are required to do, how often and what the training must include. One brochure is called Does Your Hazmat Training Measure Up? Part of the brochure includes a Frequently Asked Question section that is very good.

Training is one of the main fined areas of PHSMA. Most companies either don’t complete the training or don’t do it correctly. Fines can range from $25,000 and up.

If you don’t know if you are shipping or receiving hazardous materials you need to find out. Then you need to make sure all the employees involved are trained. Proper training is good for 3 years for ground shipping and 2 years for both air and ocean shipping.

Remember ignorance of law is not an excuse and will still get your fined.

Washington – Commercial motor vehicle drivers who operate vehicles containing hazardous materials will be prohibited from texting while driving, according to a final rule from the Pipeline and Hazardous Materials Safety Administration.

In accordance with requirements adopted Sept. 27, 2010, by the Federal Motor Carrier Safety Administration, motor carriers also are prohibited from allowing drivers of covered motor vehicles to text message while driving.

PHMSA officials said the rulemaking will improve the health and safety of drivers on highways by reducing the prevalence of distracted driving-related crashes, fatalities and injuries involving CMV drivers.

The final rule went into effect on March 30, 2011.

Now The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under Part 172 of the 49 CFR or any quantity of a select agent or toxin listed in 42 CFR Part 73.

Additionally, in accordance with requirements proposed by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in the use of handheld mobile telephones while driving.

This rulemaking would improve health and safety on the Nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.

If your company ships any type of hazardous materials in commerce you will need to be advised of the new final ruling by the US DOT.  As stated below if will make it mandatory that hazardous shipments are properly packaged and labeled under 49 CFR, parts 100-185.   Failure to follow these regulations, can result in significant delay in the shipment of your package.

Federal hazardous materials transport inspectors will be allowed to open, detain, remove, and divert suspicious packages in transit for further investigation, under a final rule published March 2 by the Department of Transportation (76 Fed. Reg. 11,570).

The rule is aimed at reducing the number of shipments of undeclared hazardous materials and the number of shipments that do not meet hazardous materials regulations.

In a Federal Register notice, DOT’s Pipeline and Hazardous Materials Safety Administration specified procedures under which inspectors will gain access to open and examine a package offered for or in transportation if they have “reason to believe” that the package contained hazardous material.

The inspectors also are authorized to detain a shipment for up to 48 hours if they believe the package might pose an imminent hazard and to have that package diverted to a facility for further analysis. If that package is found to pose an imminent hazard, then the inspector has the authority under the rule to render that shipment “out of service.”

The rule, which takes effect May 2, was proposed Oct. 2 and applies to all modes of transportation. It amends 49 C.F.R. Part 109 by allowing DOT inspectors to exercise the expanded authority to inspect, open, and detain packages conferred by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005 (Pub. L. No. 109-59) (32 CRR 970, 10/6/08).

Enforcement Authority Expanded.

The need for expanded DOT authority is aimed at not only reducing undeclared shipments of hazardous materials but also curtailing shipments of improperly packaged and labeled hazardous materials.

Undeclared shipments are those that are not marked, labeled, and accompanied by shipping papers or otherwise identified as hazardous materials. PHMSA said such shipments pose a significant threat to transportation workers, emergency responders, and the general public.

According to DOT, each year about 3 billion tons of hazardous materials are transported in the United States without safety incidents, following packaging and labeling protocols spelled out in the hazardous materials regulations. But, PHMSA said, “when a package containing hazardous materials is placed in transportation without regard to hazardous materials regulations, the effectiveness of all risk controls is compromised.”

The final rule would allow inspectors to open outer packagings, freight containers, or other packaging components not immediately adjacent to the hazardous material. Inspectors would not open single packagings, such as cylinders, portable tanks, cargo tanks, or rail tank cars, and they also would not open the innermost receptacle of a combination packaging.

Detained for 48 Hours.

The rule also outlines procedures inspectors would follow to remove a package or shipment from transportation if they believe the shipment poses an imminent hazard or to allow the package to be transported if no imminent hazard is found. For instance, the rule will allow inspectors to detain packages for up to 48 hours if they can provide a written rationale for why they believe a package might pose an imminent hazard.

Imminent hazards are those that require immediate intervention to reduce the substantial likelihood of death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment.

Finally, the rule gives inspectors the ability to order the package to be taken to a facility for examination, where if deemed hazardous the package can be taken out of service until it complies with hazardous materials regulations. It would also allow PHMSA, the FAA, the Federal Motor Carrier Safety Administration, or the Federal Railroad Administration to issue an emergency order if they determine that a noncompliant shipment is causing an imminent hazard. The order could be issued in conjunction with or in place of an out-of-service order.

Currently, DOT must coordinate with the Department of Justice to file a civil action seeking a restraining order or preliminary injunction against a shipper or offeror committing a hazmat safety violation.

WASHINGTON - A proposed rule to align the Occupational Safety and Health Administration’s Hazard Communication Standard (HCS) with provisions of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS) will be published in the September 30 Federal Register.

The current HCS requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import and provide information to subsequent users. The current standard requires all employers to have a hazard communication program for workers exposed to hazardous chemicals. The program includes materials such as container labels, safety data sheets, and employee training.  A number of countries, including the United States, international organizations and stakeholders participated in developing the GHS to address inconsistencies in hazard classification and communications. The GHS was developed to provide a single, harmonized system to classify chemicals, labels and safety data sheets with the primary benefit of increasing the quality and consistency of information provided to workers, employers and chemical users. Under the GHS, labels would include signal words, pictograms, and hazard and precautionary statements. Additionally, information on safety data sheets would be presented in a designated order.

The proposal to align the hazard communication standard with the GHS will improve the consistency and effectiveness of hazard communications and reduce chemical-related injuries, illnesses and fatalities,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “Following the GHS approach will increase workplace safety, facilitate international trade in chemicals, and generate cost savings from production efficiencies for firms that manufacture and use hazardous chemicals.”

Under the Occupational Safety and Health Act of 1970, OSHA’s role is to promote safe and healthful working conditions for America’s men and women by setting and enforcing standards and providing training, outreach, and education. For more information, visit www.osha.gov.

What are hazmat package markings? By definition, markings can be a descriptive name, UN identification number (some are on placards or orange panels), instructions, cautions, weight, and package specification. Markings can also be UN marks (such as UN package identification code), or any combination required by the regulations on the outer packaging of hazardous materials. Marking on the outside of packages communicates the presence of the hazardous materials inside.

Unless there’s an exception in the regulations, a package is required to have markings displayed on the outside. When markings are required, there are also certain rules on how the marking has to be maintained (such as durability and legibility), minimum size requirements and times when the display for certain markings may be prohibited for bulk packages. Even the hazardous material itself may require an additional marking, such as a material that is poisonous by inhalation. The regulations also dictate how the marking has to appear on the packaging or transport vehicle, so make sure you consult the regulations on marking display. After all, it wouldn’t do any good to place a marking on the bottom of the package where nobody can see it right?

When determining whether or not a package has to marked and what kind of markings have to be on the package itself, it’s important that the hazmat shipping papers are looked at. Again, this re-emphasizes the importance of well prepared shipping papers. If shipping papers are prepared wrong it can start an avalanche of other violations! If you put the wrong UN identification number on the shipping papers, then you may have the wrong identification number on the package. So now you have two violations on an  inspection report – a shipping papers violation and a marking violation. If the transport vehicle itself was required to be marked with the UN number, and it’s marked wrong, that vehicle may be placed out of service.

Once you’ve looked at the shipping papers, take a close look at the quantity to determine whether you’re hauling a bulk or non-bulk amount of hazmat. If the material meets the definition of non bulk, then the general requirements of 172.301 (non bulk requirements) will apply. If the hazmat meets the definition of bulk, then the requirements for bulk packages in 172.302 will apply. Keep in mind that these are just the basic requirements for bulk and non bulk markings, and there may be more requirements that apply to the package.

Remember when marking hazmat packages, what the markings are for – to warn others of the danger inside that package. Make sure you take your time and get the markings right, others are depending on you!

First aid in the era of biohazards

by Lisa J. Burns, Q.S.S.P.

10 best practices to keep responders safe

Everyone sees the need for trained responders, first-aid kits and automated external defibrillators at the workplace. But what about the simple cut that bleeds enough to require a gauze bandage? Does the responder — or just a nearby helpful employee — see the need to wear disposable gloves? Bloodborne pathogens and other biohazards command little attention from most people, yet can cause critical illnesses and sometimes eventual death.

Defining the danger
Bloodborne pathogens are microorganisms (bacteria or viruses) carried in the blood that can be transmitted and cause disease in other people. Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV) are two examples that are addressed by the OSHA Bloodborne Pathogen standard 29 CFR 1910.1030. Malaria and syphilis also are caused by bloodborne pathogens. Other body fluids also may transmit these and other diseases.

Infectious disease such as the H1N1 flu virus is a workplace concern that employers must address.

Transmission
Unbroken skin generally acts as a barrier to bloodborne pathogens. However, microorganisms can enter through any damaged or broken skin such as acne, sunburn, blisters, open sores, cuts or abrasions. They also may be transmitted through mucous membranes, including those of the eyes, nose or mouth.

Infectious diseases such as the H1N1 flu virus are primarily transmitted through airborne body fluids emitted with coughs and sneezes, and breathed in by others in the immediate vicinity. They also are transmitted when a hand used to cover the mouth then touches faucets, doorknobs and other surfaces from which it is later picked up by others.

OSHA first-aid regulations
Emergency medical services and first aid that general industry employers must provide are described in OSHA standard 29 CFR 1910.151. The standard recommends kits and supplies that are compliant with the minimum guidelines established by the American National Standards Institute (ANSI) in Z308.1-2009. It also incorporates other standards and measures by reference, such as 29 CFR 1910.1030, which deals with bloodborne pathogens.

OSHA’s 29 CFR 1910.1030 standard requires limiting employee exposure to blood and other potentially infectious materials. It specifies that training and personal protective equipment must be provided for employees who can be “reasonably anticipated” to face possible contact with blood or other potentially infectious materials on the job.

The standard, issued in 1991, was updated in 2001 in response to the Needlestick Safety and Prevention Act, and can be found at http://www.osha.gov, along with FAQs and various letters of interpretation issued over the years since then.

Best practices
Following the best PPE practices recommended below will help keep first responders safe from bloodborne pathogens and other infectious material.

1. “Universal precautions.” Treat every situation as potentially dangerous. OSHA’s universal precautions require that all human blood or other potentially infectious materials be considered hazardous.

2. Hand protection. Before donning gloves, cover any cuts or sores on your own hands with a bandage. Inspect the gloves and if the material is thin, doubleglove to provide another layer of protection. Do not use torn or punctured gloves, no matter how miniscule the damage might be. When removing used gloves, pull them off from the cuff, turning them inside out so the outside of the gloves do not touch your bare skin. Dispose of them in a designated biohazard bag. Immediately scrub your hands thoroughly, including under nails — and any other potentially contaminated skin — with nonabrasive soap and running water at hand-washing facilities that employers must provide in readily accessible areas.

3. Eye and face protection. While providing first aid or other medical assistance as well as working in labs or while cleaning up a spill, there may be a risk of splashing or vaporization of contaminated fluids. Use goggles to protect against transmission of pathogens through your eye membranes. Use a face shield in addition to goggles to protect against splashes to your nose and mouth.

4. Body protection. In some cases, you may need to wear aprons or body shields to protect your clothing and keep blood or other contaminated fluids from soaking through to your skin. Wear shoe covers to avoid contamination of your footwear.

5. Clean up. For clean-up of blood or other body fluids from sick or injured employees, use gloves and, depending on the situation, some or all of the above-mentioned PPE. In addition, you should have available a small shovel and scraper, appropriate absorbent materials, biohazard bags, ties, germicidal towelettes — and for large areas, a mop or sponge and bucket with a solution of 1/4 cup bleach to 1 gallon of water. Some manufacturers supply complete biohazard clean-up kits that contain all the necessary supplies, including special absorbent materials that deodorize as well as bind the hazardous body substances together.

6. Deposit waste. Once clean-up is complete, deposit the waste material first in a labeled, red biohazard bag and tie it tightly. Use germicidal towelettes or bleach solution to clean the contaminated area. Then put the first bag into a second biohazard bag, and add the used towelettes or sponges, your shoe covers, gown, face mask with eye shield and, lastly gloves in the same bag, and seal it with a tie. Discard the red bag in an appropriate container for infected solid waste as required by local regulations.

7. Sharps. For any broken glass or other sharp material, use a broom with shovel or dustpan, and deposit them in appropriate boxes. Never touch them with your gloved or ungloved hands and do not put them in a biohazard bag.

8. Decontamination. Finally, wipe your hands with antiseptic hand wipes that provide rapid bactericidal action and allow them to air dry. Next, go to the nearest handwashing area and wash your hands and all potentially exposed skin thoroughly with non-abrasive soap and running water.

9. Equipment decontamination. A person trained in the appropriate procedures must decontaminate and sterilize all non-disposable equipment and tools used, such as mops, buckets and re-usable gloves, as soon as possible.

No complacency
Factory or construction site, chemical, plastics or food and beverage processing plant — no matter what the workplace — there should be no toleration of complacency when there is potential for exposure to bloodborne pathogens and other infectious disease. The effects of exposure may not be immediate, but there is a definite potential for serious illness and eventual death.

Lisa J. Burns, Q.S.S.P. Lisa is associate product manager-personal protection- Americas at North by Honeywell. She is a member of the International Safety Equipment Association and a Qualified Safety Sales Professional. Lisa can be reached at (401) 275-2608 or by e-mail at Lisa.J.Burns@Honeywell.com.