Permissive Placarding?
I decided to make this an article, instead of a post. I think I'll need more space than LinkedIn allows for a post.
I received a call today regarding batteries in an intermodal container and the driver said the bill of lading indicated it was non-hazmat. The driver said he applied placards, I didn't bother to ask if he added Class 8 placards; however, I did mention it would be considered "permissive placarding."
I have to wonder when was the last time the carrier provided hazmat training required initially and every three years? I believe too many carriers and drivers associate hazmat with only placards and that's unfortunate as hazmat training kicks in anytime hazmat is transported. For years I tried to convince underwriters they were overlooking hazmat transportation and exposing themselves to hazmat issues.
§ 173.154 Exceptions for Class 8 (corrosive materials).
A limited quantity package that conforms to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. In addition, shipments of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. Except for transportation by aircraft, the following combination packagings are authorized:
The US HMR only applies to domestic transportation, the driver stated he was pulling containers out of the port in New York. I know the IMDG isn't as generous.
§ 172.502 Prohibited and permissive placarding.
(c) Permissive placarding. Placards may be displayed for a hazardous material, even when not required, if the placarding otherwise conforms to the requirements of this subpart.
I see many carriers with $750,000 of insurance on the Federal Motor Carrier Safety Administration 's L & I website. I know that insurance agents give clients a hard time and will not show $1,000,000 of insurance on file if the carrier doesn't identify as a hazmat carrier. The problem is many carriers aren't aware they a hazmat carrier:
Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, or hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in entry (2) or (4) of this table = $1,000,000
There are many items listed in § 172.101 Purpose and use of hazardous materials table that carriers/underwriters/drivers don't even think of as hazmat:
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Just a small sample of hazmat carriers carry daily and don't consider the freight as hazmat.
§ 172.704 Training requirements.
(a) Hazmat employee training must include the following:
§ 177.800 Purpose and scope of this part and responsibility for compliance and training.
(c) Responsibility for training. A carrier may not transport a hazardous material by motor vehicle unless each of its hazmat employees involved in that transportation is trained as required by this part and subpart H of part 172 of this subchapter.
Appendix B to Part 385—Explanation of Safety Rating Process
§ 177.800(c) Failing to instruct a category of employees in hazardous materials regulations (critical).
About 2000 I did a compliance review at an intermodal carrier that insisted they didn't transport hazmat. I was working with two other new Safety Investigators as we were past the phase of working with a coach and working together to make sure we covered the bases and could lean on each other for questions. I asked the carrier for their bills of lading (BOL) for the last few months and combed through them looking for hazmat. I didn't find any, so moved on. I asked for the BOL for a shipment we were documenting for hours of service, the carrier handed me a hazmat shipping paper. Ah, no real surprises I guess I didn't go far enough back.
So to wrap this up? I strongly encourage all carriers to do hazmat training. Better safe than sorry.
Happy Hump Day!
Be safe..