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12 Common Missteps Resulting
from Decentralized HazMat
Programs
Meet Your Moderator
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Meet Your Presenter
Doug Graham, CHMM
Sr. EH&S Consultant &
External Training Manager
Over 23 years training hazmat shippers.
Objective
Learn from the common missteps
often encountered with decentralized
hazmat programs to help ensure you
have a compliant hazardous materials
shipping program.
Hazardous materials transportation compliance issues can cast a wide net
across an organization and impact many people and departments. It’s not
unusual for compliance in this area be de-centralized and not fall completely
under an EH&S department’s or manager’s responsibility.
Compliance goes well beyond the shipping of chemical and biological wastes.
12 Common Missteps
1. Not understanding the regulatory differences between modes (air, hwy, water, rail)
2. Offering electronics, batteries, devices, and instruments mistakenly as non-hazardous
3. Improperly preparing packages for return to suppliers
4. Assuming the competency and MSDS/SDS reliability of original suppliers
12 Common Missteps
5. Not controlling access to shipping accounts to only trained employees
6. Inadvertently creating inspection and enforcement triggers
7. Increasing regulatory burden and liability by shipping by air when not necessary
8. Improperly preparing hazardous materials for self-transport or hiring of untrained couriers to move hazardous materials
12 Common Missteps
9. Not obtaining the correct software, pre-approval and/or contract to ship hazmats
10. Not determining “competency” of hazmat employees
11. Not training receivers in issues related to proper identification and emergency response
12. Not having administrative control over the hazardous materials program (security, registration, inspection
preparedness, recordkeeping, reporting, etc.)
1. Not understanding the
regulatory differences
between modes
Oh No!
I’ve been shipping these infectious patient specimens on
dry ice with a courier for years and never had to do
anything special.
Then I sent it FedEx and it got rejected and the sample was
ruined!!
“I didn’t know FedEx used air
regulations”
Employees must understand the
applicability of modal-specific regulations.
One of the most common mistakes is not
realizing that FedEx Express requires all
hazmat shipments, even domestic
shipments, to be prepared in accordance
with the International Air Transport
Association (IATA) Dangerous Goods
Regulations.
UPS Domestic air: 49 CFR
FedEx Express: IATA
International: IATA
Int’l Water: IMDG
Domestic Water: 49 CFR
Ground: 49 CFR
“I didn’t know FedEx used air
regulations”
2. Offering electronics,
batteries, devices, and
instruments mistakenly
as non-hazardous
FAA is at the front desk
because I shipped a
colleague a spare battery for
his laptop yesterday. . . . .
I was supposed to ship it
Cargo Air Only and follow all
these IATA (what!?) rules!
And we might get fined
what!!??
Do Employees Know
These are Regulated!
• Lithium batteries, packed alone, with,
or installed in equipment
• Magnets
• Instruments with compressed gas
chambers (e.g., shock absorbers)
• Flame ionization detectors (air
monitoring device with hydrogen fuel
cell and lithium battery power supply).
• Electron tubes
3. Improperly preparing
packages for return to
suppliers
Returns
Too often, shipping/receiving personnel believe that returning
hazardous materials shipments involve nothing more that re-offering
it in the original packaging with the original markings and labels.
These employees who have not been trained as “hazmat shippers”
may try to wing it and try to figure out how to get it out the door and
back to the supplier.
Returns
Potential problems:
• Shipped ground, then returned air- requirements
are vastly different;
• Not recognizing incoming shipments prepared
under exceptions as hazardous, then attempting
to return as non-hazardous;
• Incoming shipment improperly prepared, return
mimics errors of original shipper.
4. Assuming the
competency and MSDS/SDS
reliability of original
suppliers
“Floyd’s Industrial Use Miracle Glue”… contains
xylene, methyl ethyl ketone, toluene and acetone…
keep away from flames and heat... highly flammable…
yada, yada, yada…
Oh here! Transportation: not regulated
for transport…
Cool!
OK, the boss wants this in Cleveland
by tomorrow 4 pm…
Relying on Transportation Sec. of
MSDS/SDS
Although a transportation section is common on
MSDSs and is now a standard section of a GHS-
compliant SDS (Sec. 14), the information is not
mandatory and it may not be accurate. Shippers
are expected to have the tools to spot errors.
Too often, it’s taken on faith that the information is
accurate and employers don’t think of “QC-ing”
this information.
Relying on Transportation Sec. of
MSDS/SDS
Looking at the constituents, properties, and
usage of the article or substance and then going
through the classification, packing group
assignment, and shipping name selection
process is the manner in which it should be
approached.
Although oftentimes accurate, Sec. 14 can be a
dangerous short-cut.
5. Not controlling access to
shipping accounts to only
trained employees
What do you mean “what do you
mean is it hazardous?”
No? as in… it’s not hazardous?
Or…
No, as in… you don’t really know
what that means but… you just
really want me to take it?
Not Having a Gatekeeper
Unrestricted access to shipping accounts,
especially air shipping (e.g., FedEx Express
Service, international, and UPS Air) is a recipe for
disaster.
Without well-trained employees acting to screen
shipments, or a central trained gatekeeper to
funnel all shipments through, undeclared
hazardous materials shipments may be offered
for transport.
Less obvious hazmats, like lithium batteries,
magnets, GMOs, gas-containing articles, and dry
ice are the most likely offenders.
6. Inadvertently creating
inspection and enforcement
triggers
And this nice man from the FAA wouldn’t be here today speaking
with us if you followed the Excepted Quantities Provision that
doesn’t require a Dangerous Goods Declaration… you know,
the one with the red candy stripes…
LIKE WE TALKED ABOUT, PATTY!
Staying Under the Radar Whenever
Possible
The most frequent hazardous materials
shipping-related inspections at shipper
sites are those performed by FAA.
Random inspections based upon FAA
selecting Dangerous Goods
Declarations at UPS or FedEx locations
are the most common trigger.
Staying Under the Radar Whenever
Possible
Avoid the Declaration through
the use of exceptions
whenever possible (Excepted
Quantities- IATA Sec. 2.6),
and the risk of an FAA
inspection is greatly reduced.
7. Increasing regulatory
burden and liability by
shipping by air when
not necessary
No, no, not at all.
I know you don’t need the
chemicals until Thursday, but
we’ll overnight them just as an
added bonus!
That’s just what we call SUPER
SERVICE!
For SUPER CUSTOMERS like
you!
Ship By Ground, Not By Air,
Whenever Possible
The level of scrutiny, the chance of rejection, and the higher
penalties for non-compliance associated with air shipments are
all strong incentives to keep hazmat shipments on the ground.
8. Improperly preparing
hazardous materials for
self-transport or hiring of
untrained couriers to move
hazardous materials
We’ll take my car?...
I got gas… you drove
last time… then we’ll
hit a Mickey-D’s?
Self-Transport, Local Couriers-
Common Mistakes
Self transport to support the
principal business is the most
common “Materials of Trade”
(MOT) definition. The MOT
exception is commonly used and
offers great advantages in reducing
the regulatory requirements.
There are common mistakes,
however…
Self-Transport, Local Couriers-
Common Mistakes
1. The Materials of Trade exception (49
CFR 173.6) does have requirements and
restrictions, and does contain a training
requirement;
2. Third party transport, like hiring local
courier services does not fall under the
MOT exception (interp letter 06-0115);
3. The use of personal vehicles can create
personal liabilities
9. Not obtaining the correct
software, pre-approval
and/or contract to
ship hazmats.
Examples
FedEx Express requires that Shipper’s Declarations for
dangerous goods shipments be prepared using approved
software with compliance edit checks.
FedEx Express and United Parcel Service require that all
shipments of lithium metal batteries UN3090 (all sizes) require
pre-approval.
In order to ship hazardous materials/dangerous goods with
United Parcel Service, you must enter into an Agreement.
10. Not determining
competency of hazmat
employees
Son, we’ve sent you to your first and only offsite training, you have zero
experience, and little or no working knowledge of the regulations…
congratulations, you’re our new Hazmat Shipping Department
NOW GO GET ‘EM, TIGER!!
Training is Step One
With such lengthy and complicated regulations as the 49 CFR
and the IATA DGR, initial training should be viewed as the first
step in a process of becoming qualified and competent;
It’s the employer’s responsibility to determine competency since
they are ultimately responsible for ensuring shipments go out
compliantly;
Learning-by-doing under the direction of an experienced hazmat
shipper for a period of time prior to being allowed to prepare
shipments independently is the best approach.
11. Not training receivers in
issues such as proper
hazard identification and
emergency response
Right there yonder, that’s where
Shipping/Receiving used to be… before
the “incident”, that is.
“Limited quantity” is what they called it-
had a black and white diamond on it with
no words… sounds nasty, don’t it!
Yes, Receivers are “Hazmat Employees”
Actions taken by receivers may impact transportation safety.
Key issues for them to understand:
• How to identify incoming hazardous materials, especially-
- those with exception markings (not obvious to an trained eye)
- salvage containers (containing leaking or damaged contents)
- temperature sensitive materials (organic peroxides and self-reactives
- Radioactives
How to initiate an emergency response if materials released in the
vehicle, outside, or on the loading dock.
12. Not having administrative control
over the hazardous materials
program (security, registration,
inspection preparedness,
recordkeeping, reporting, etc.)
Doesn’t Corporate
do that?
Administrative Issues
Some hazmat shipping compliance issues are
not strictly related to the preparation of a
shipment, but are administrative in nature and
require a person or department to often take
ownership.
Key issues: • Annual registration
• Written security planning
• Recordkeeping
• Points of contact for inspections
• Special permits
Conclusion
Final ThoughtsAn EH&S Director/Manager is well advised to either manage or
facilitate the management of a hazardous materials program
and look into the many activities and compliance areas
impacting a facility beyond the shipping of wastes.
Do it proactively so you don’t get drawn into
problems you weren’t prepared to deal with.
Thank You for
Attending!Interested in DOT Hazardous Materials Training? Visit:
http://www.triumvirate.com/training/open-enrollment-
training/dot-hazardous-materials-training Call Us!1-888-834-9697www.triumvirate.com
Doug Graham:
Contact: