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Ms. Cathy Webb, MS, CQA, CQE undertook a presentation at the Arkansas Environmental Federation Convention and Tradeshow titled:

The EHS Manager’s Guide to: The Pitfalls of HAZMAT Shipping (“Presentation”)

Ms. Webb is a Senior EHS Project Manager in the Little Rock, Arkansas office of Harbor Environmental.

The Presentation addressed a number of issues with the United States Department of Transportation regulations associated with the transportation of hazardous materials.

The Presentation initially addressed the jurisdictional question of what constitutes a HAZMAT shipper. Ms. Webb posed questions such as:

• Do I generate hazardous waste and send it for treatment/disposal?
• Do I ship products that contain hazardous materials?
• Do I transfer materials between my company’s facilities?
• Do I return unwanted/unexpected products to the sender?
• Do I send material for recycling or waste-to-energy that have hazardous characteristics?

In the event that the regulations are applicable, the Presentation noted subsequent requirements such as:

• Determination of Hazards
• Communication of Hazards
  • Labeling
  • Placarding
  • Shipping Papers
• Packaging
• Restrictions
• Security Plan
• Training

The relevant regulatory cites addressing training were cited, which include:

• 49 CFR 171.8
• 49 CFR 172.704

The potential ramifications of noncompliance were addressed and were stated to potentially include:

• Quarantined shipments
• Intentional diversion
• Over-the-road, shipboard, or mid-air disasters

Possible reasons for such noncompliance were stated to potentially include:

• Not understanding regulatory differences between modes of transportation;
• Not considering implications of returned and self-transported goods;
• Mistakenly assuming that common article and substances are non-hazardous;
• Failing to ensure that people who are responsible for shipping hazardous materials are trained and competent;
• Not aware of the Security Plan and Training requiring.

The different regulations (49 CFR) applicable to train, truck, airplane, and marine were referenced.

As to returned and self-transported goods, the requirements applicable to someone who is now the shipper were noted, such as:

• Bill of Lading paperwork
• Shipping method must be authorized
• Packaging must be correct
• Placarding (when required)
• Security Plan (when required)
• Handled and Managed by trained and competent personnel only

The caveat of whether the shipment may qualify as a “material of trade” is subject to the exception under 49 CFR 173.6 was discussed.

The Presentation provided a reminder that regardless of whether a good is common is not an indication it is hazardous, citing items such as patient specimens, dry ice, certain batteries, etc.

The Presentation also discussed different responsibilities associated with both “initial training” and “recurrent training.” It further included a discussion of various aspects of required training, such as:

• General awareness/familiarization
• Function-specific training
• Safety training
• Security Training
• Modal specific requirements

The discussion of “Security Plans” included the applicable requirements.

The Presentation also included what it characterized as “other common causes of errors,” which were stated to include:

• Trusting the SDS shipping information; it is often wrong
• Relying on other companies to prepare shipping paperwork
• Not limiting shipping activities to trained employees
• Shipping by more restrictive modes (especially by air)
• No using proper packing materials
• Not hiring trained couriers

A copy of the slides from Ms. Webb’s Presentation can be downloaded here.