HAZARDOUS MATERIALS REGULATIONS
Q1. Are valve protection caps required on all cylinders?
A1. No. There are 5 ways to protect a valve. They are (§173.301):
- By equipping the cylinder with securely attached metal caps of sufficient strength to protect the valves from injury during transit.
- By boxing or crating the cylinders so as to give proper protection to the valves.
- By so constructing the cylinders that the valve is recessed into the cylinder or otherwise protected so that it will not be subjected to a blow when the cylinders is dropped on a flat surface.
- By loading the cylinders compactly in an upright position and securely bracing in cars or motor vehicles, when loaded by the consignor and to be unloaded by the consignee.
- By equipping with valves strong enough to avoid damage during transit for containers containing non-liquefied gas under pressure not exceeding 300 psi at 700 F.
Q2. May an MSDS be used to satisfy the requirement for carrying "emergency response information" on the HAZMAT transport vehicle?
A2. Yes, if the MSDS contains the seven points required by §172.602. How this information is presented is up to the shipper.
Q3. Whose responsibility is it to provide a manifest when shipping hazmats?
A3. A carrier may not transport a HAZMAT unless it is accompanied by a shipping paper that is prepared in accordance with §§172.200, 172.201, 172.292, and 172.203 of the regulations. It is the shipper who usually prepares the shipping paper.
Q4. Where must the shipping paper and emergency response information be maintained in the transport vehicle?
A4. The shipping paper must be the top most document in any pile of documents carried in the transport vehicle. The shipping paper must be within reach of the driver when the driver is restrained by the vehicle seat belt. When the driver is in the transport vehicle, the papers may be within reach on the passenger seat or in the driver’s door pocket. When the driver is out of the transport vehicle, the papers may be either on the driver’s seat or in the driver’s door pocket.
Q5. May a shipping paper and picking ticket, (packing list, invoice, etc.), be combined?
A5. The rules do not prohibit combining a shipping paper/picking ticket. The shipping paper may take the form of a stand-alone manifest or it may be combined with a packing slip or invoice, as long as all the DOT required information is present and is displayed in a manner required by the rules.
Q6. What are the rules for securing hazmats in a transport vehicle?
A6. Several rules apply (§177.834). They include:
- All cargo components, including hazmats, and other cargo must be secured relative to the vehicle and relative to one another.
- Accessories, such as dock plates, 2-wheel dollies, spare binders, etc. must be secured.
- Cargo must not be carried in the driver’s compartment.
- Tiedown assemblies must have a working strength equal to at least one-half the weight of the load. Other specific rules for tiedown assemblies, blocking, bracing, etc. are in 49 CFR, §393.100-106.
Q7. May cylinders be transported in the horizontal position?
A7. Yes. To prevent their overturning, cylinders containing Hazard Class 2 (gases) materials must be securely lashed in an upright position, loaded into racks securely attached to the motor vehicle; packed in boxes or crates of such dimensions as to prevent their overturning or loaded in a horizontal position. Specification DOT-4L (liquid cans, VGL’s, Dewars, etc.), cylinders must be loaded in an upright position and securely braced.
Q8. The rules prohibit the transportation of leaking HAZMAT containers. Are there any exceptions?
A8. Yes. §173.320 allow the transport by motor vehicle of venting cryogenic liquid cylinders and cargo tanks when transporting atmospheric gases and helium.
Q9. May a full cylinder that is "out of test" be stored, transported and sold?
A9. Yes. A cylinder containing a hazardous material for which the retest date has become due need not be removed from service and emptied to meet the retest requirements.
Q10. Does a driver have to update a shipping paper after each delivery?
A10. A driver is not required to update a shipping paper to reflect partial delivery of shipment. If the driver proceeds on his/her delivery route and picks up additional quantities of hazardous materials, which were not previously indicated on the shipping paper, the additional quantities of materials must be added, if the total quantity on the vehicle exceeds that indicated on the shipping paper. Also, empty cylinders that are picked up by a private carrier for reconditioning or reuse are not subject to shipping paper requirements.
Q11. What is the placard of choice for the transportation of oxygen?
A11 The green NON-FLAMMABLE GAS placard. However, for domestic transportation of oxygen, compressed or oxygen, refrigerated liquid, the OXYGEN placard may be used in place of a NON-FLAMMABLE GAS placard.
Q12. I am a small distributor. Am I subject to the Hazmat Registration Requirement?
A12. Yes. There are two fees depending on your SIC code and number of employees. The Hazmat Registration fee for small business remains at $300 per year. The fee for other than small business is $2000 per year Please refer to details in a paper titled "RSPA RAISED HAZMAT FEES FOR LARGE COMPANIES; EXPANDS REGISTRATION RULES" by Rick Schweitzer, Government Affairs Consultant. The paper may be found at www.gawda.org.
Q13. Do my employees need to be trained?
A13. Employees whose jobs directly affect hazardous materials transportation safety, such as sales, cylinder requalification, fillers. pumpers, drivers, ordering, stocking, loaders/unloaders are considered Hazmat employees thus must be trained at least once every 3 years. New hazmat employees must be trained within 90 days of hire. If a trained employee transfers to another job, "function-specific" hazmat training in the rules pertaining to the new assignment must also be performed within 90 days.
Q14. What are the rules regarding Materials of Trade (MOT)?
A14. Tradespersons, such as plumbers, refrigeration technicians, electricians, etc., may transport specified hazmats without a shipping paper or emergency response information. For gases, this includes only Hazard Classes 2.1 and 2.2. Up to 440 pounds of hazmats, gross weight, may be transported. No one container can be more than 220 pounds. If the material is not used in direct support of the carrier’s trade or occupation, or if a tradesperson transports more than the listed quantities, MOT exemptions are not available.
MOST FREQUENTLY ASKED QUESTIONS
FEDERAL MOTOR CARRIER SAFETY REGULATIONS
Q1. What is the definition of a Commercial Motor Vehicle (CMV)?
A1. The definition of CMV differs, depending on the part of the regulations being referenced. The general definition is found in §390.5. This definition refers to a vehicle used on public highways, in interstate commerce, and meets one of the following:
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more,
- Is designed to transport more than 15 people, or
- Is transporting hazardous materials in quantities requiring the vehicle to be placarded.
The regulations in Part 390 through 396 apply to drivers of vehicles meeting this definition. That includes driver qualification, hours of service, and inspection and maintenance requirements. There is only one exception from this definition for the parts just mentioned, and that is in §391.85 for the drug-testing regulations. The drug testing regulations apply to vehicles described above, except that the weight criterion is 26,001 pounds.
A different definition of CMV is used for Parts 382 and 383. These parts deal with the commercial driver’s license (CDL) and alcohol and drug testing This definition refers too a vehicle used in commerce, whether interstate or intrastate. The definition of commercial motor vehicle for these parts is as follows:
- Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
- Has a gross vehicle weight rating of 26,001 or more pounds;
- Is designed to transport 16 or ore passengers, including the driver; or
- Is any size transporting hazardous materials requiring placards.
Q2. Do the rules for protection against shifting or falling cargo apply to CMVs with enclosed cargo areas?
A2. Yes. All CMVs transporting cargo must comply with the applicable provisions of §393.100-393106 (subpart I) to prevent the shifting or falling of cargo aboard the vehicle.
Q3. Is the Driver Vehicle Inspection Report (DVIR) a required "Post Trip" Inspection?
A3. Yes. The DVIR is to be completed by the driver at the end of the workday. §396.11.
Q4. May a driver of a CMV transporting hazmats smoke while at the controls of the vehicle?
A4. No. Persons are prohibited from smoking or carrying lighted smoking materials at any time while on or within 25 feet of such a vehicle. The word "on" includes any time while in the cab, sleeper berth, cargo area, etc. §397.13
Q5. What is the minimum age to operate a CMV in interstate commerce?
A5. 21 years. §391.11
Q6. Do all cylinders in the workplace have to have cylinder caps?
A6. No. OSHA has adopted the Compressed Gas Association pamphlet P-1 recognizes that some cylinders are not fitted with a threaded collar to accommodate a valve cap, such as "E," "D,""B," "MC," "R," "20#," "5#," etc.
3.4.1 Valve protection cap. Where provided by the gas manufacturer, the user shall keep such caps on containers at all times except when containers are secured and connected to dispensing equipment.
Q7. You must not use a new driver until you have received negative drug and alcohol screening. True or False.
A7. True. §382. NOTE: A pre-employment alcohol test is not mandatory.
Q8. What is the time frame for post accident drug and alcohol testing?
A8. 2 hours for alcohol. If the driver has not submitted to an alcohol test at this time, the company must prepare and maintain on file a record stating the reason a test was not promptly administered. After 8 hours the company will cease attempts to administer an alcohol test and prepare and maintain the record described above.
32 hours for drugs. If the driver has not submitted to a drug test in this time frame, the company will cease attempts to administer the test and prepare and maintain the record described above. §382
Q9. Section §383.37(a) does not allow employers to knowingly use a driver whose license has been suspended, revoked, or canceled. Do motor carriers have latitude in their resulting actions: firing, suspension, layoff, and authorized use of unused vacation time during suspension duration, transfer to non-driving position for duration of the suspension?
A9. Yes. The employer’s minimum responsibility is to prohibit operation of a CMV by such an employee. §383.51
Q10. Is a driver disqualified under §383.51 if convicted of driving under the influence of alcohol while operating a personal vehicle?
A10. The convictions triggering mandatory disqualification under §383.51 all pertain to offenses that occur while the person is driving a CMV. However, a driver could be disqualified under §383.51(b)(2)(i) if the State has stricter standards, which apply to offenses committed in a personal vehicle. (The same principle applies to all other disqualifying offenses listed in §383.51.)
Q11. May we fill compressed gas cylinders not owned or rented by us?
A11. A container (cylinder) charged with a compressed gas must not be shipped unless it was charged (filled) by or with the consent of the owner of the container. §173.301.
Q12. What size fire extinguisher must be carried on a CMV transporting hazmats?
A12. You must have a 10 B:C rated fire extinguisher as a minimum. The extinguisher must have been inspected and tagged within the last 12 months. §393.95.
Q13. May a vehicle transport hazardous materials when equipped with retreaded tires?
A13. Yes. The only Commercial Motor Vehicle (CMV) that may not utilize retreaded tires is a bus, and then only on its front wheels. §393.75
Q14. In qualifying a prospective driver, what inquiries must be made?
A14. §391.23 Investigation and inquiries.
(a) Except as provided in Subpart G of this part, each motor carrier shall make the following investigations and inquiries with respect to each driver it employs, other than a person who has been a regularly employed driver of the motor carrier for a continuous period, which began before January 1, 1971:
(a)(1) An inquiry into the driver's driving record during the preceding 3 years to the appropriate agency of every State in which the driver held a motor vehicle operator's license or permit during those 3 years; and
(a)(2) An investigation of the driver's employment record during the preceding 3 years.
(b) The inquiry to State agencies required by paragraph (a)(1) of this section must be made within 30 days of the date the driver's employment begins and shall be made in the form and manner those agencies prescribe. A copy of the response by each State agency, showing the driver's driving record or certifying that no driving record exists for that driver, shall be retained in the carrier's files as part of the driver's qualification file.
(c) The investigation of the driver's employment record required by paragraph (a)(2) of this section must be made within 30 days of the date his/her employment begins. The investigation may consist of personal interviews, telephone interviews, letters, or any other method of obtaining information that the carrier deems appropriate. Each motor carrier must make a written record with respect to each past employer who was contacted. The record must include the past employer's name and address, the date he/she was contacted, and his/her comments with respect to the driver. The record shall be retained in the motor carrier's files as part of the driver's qualification file. There are separate drug and alcohol inquiries under §382.413.
Q15. How often should a carrier obtain a Motor Vehicle Record (MVR) on each of its drivers?
A15. Motor carriers are required to obtain an MVR covering the previous 3 years for each new driver it employs. The particular requirements are as follows:
- The request for driving record must be make within 30 days of the date the driver’s employment begins.
- The request must be sent to every state in which the driver held a license or permit during the last 3 years.
- The request must be in the form and manner prescribed by the state agency.
- A copy of each state’s record, or response that a record does not exist, must be maintained in the driver’s qualification file.
The regulations also require a motor carrier to obtain an MVR on each driver at least once per year.
Q16. When a motor carrier receives a request for driver information from another motor carrier about a former or current driver, is it required to supply the request information?
A16. Generally no. See §382.13. There are separate drug and alcohol inquiries under §382.413.
Q17. Are motor carriers required to check with a previous employer?
A17. Yes. The investigation must be made within 30 days of the date of his/her new employment. Unfortunately many previous employers will not respond, however the motor carrier must show proof (letter, form, etc.) that an attempt was made.
§382.413 requests must be made and responses received and reviewed (or a "good faith effort" made) within 14 days of the driver performing safety-sensitive functions. See Answers A-14 and A-16.