Welcome What U.S. Department Of Transportation Regulations apply to your motor carrier operations? Sponsored by Linda Midyett, Area Vice President Safety and Loss Prevention - PestSure 14241 Dallas Parkway, Ste 300 | Dallas, TX 75254 Defensive Driving What 35 years of government service does to a man Crashes It is probably not a matter of if one of your vehicles is going to be involved in a crash, it is only a matter of when What Transportation Regulations Apply to You? Federal Motor Carrier Safety Regulations? Hazardous Materials Regulations? Presentation’s Goal Understand what regulations apply to your operations IF ANY The Federal Motor Carrier Safety Regulations Apply to all employers, employees and commercial motor vehicles which transports property in interstate and possibly intrastate commerce (49 CFR 390.3) Key Words in this regulation (what is a) 1. Commercial motor vehicle 2. In commerce 3. Interstate or intrastate commerce What is a COMMERCIAL MOTOR VEHICLE? A Commercial Motor Vehicle is a vehicle with a GVWR or GCWR of 10,001 (whichever is greater); or GCWR (combination) or GCW of 10,001 pounds or more (whichever is greater); or Designed to transport > 15 passengers including the driver; or Designed or used to transport more than 8 passengers including the driver for compensation; or Required to be placarded for Hazardous Materials COMMERCIAL MOTOR VEHICLE (exception Intrastate) You will find that for Intrastate commerce (which we will discuss next) that some states have defined a commercial motor vehicle that has a GVWR or GCVR of greater than 26,000 & that do not transport hazardous materials in a quantity that requires placarding To Determine the GVWR Generally look inside of driver’s door jam & locate the VIN Plate To Determine the GVWR of a Trailers, generally look on the left front side of the vehicle or on the tow bar GCWR Gross Combination Weight Rating Combination Vehicles This is the combination GVWR of combination vehicles, i.e. a power unit and a trailer GCWR Trailer GCWR GVWR 7,000 lbs. GVWR 3,500 lbs. GCWR Gross Combination Weight Rating Combination Vehicles Determined by adding the GVWR of both the towed and towing vehicles GVWR of Towing vehicle 7,500 lbs. GVWR of towed vehicle 7,000 lbs. GCVW = 14,500 lbs In Commerce? Do I conduct any transportation operations in commerce? Intrastate Commerce? Interstate Commerce? Commerce Interstate Commerce? Cross State Lines Intrastate commerce? Operations wholly within a State of non-interstate property or passengers Intrastate Commerce Arkansas Batesville Popular Bluff Little Rock Non-Interstate Property or passengers Interstate Commerce OKLAHOMA ARKANSAS Between a Place in a State and a Place Outside of Such State Between a place in a state and a place outside the U.S. Canada United States Between a place inKansas City, MO a state and a place outside the U.S. KS MO Between a place inMemphis, TN a state and a place outside the U.S. AR TN MS Interstate Commerce Between two places in a State through another State. Interstate Commerce Between two places in a State through another State. TN GA If the Federal Motor Carrier Safety Regulations Apply to you what does this mean? Again, the regulations apply to all employers, employees and commercial motor vehicles which transports property in interstate and possibly intrastate commerce (49 CFR 390.3) Key word – EMPLOYEEES – Generally Enforced on the side of the road Key word – EMPLOYERS – Generally enforced in your office during compliance reviews or investigations by Federal or State Enforcement officers If the Federal Motor Carrier Safety Regulations Apply to you what are they EMPLOYEEES – Generally requires that while operating a commercial motor vehicle every driver shall possess a A copy of his/her valid driver’s license for the type of vehicle being operated A copy of his/her current medical examiner’s certificate A current record of duty status (if applicable) Again, these regulations are generally enforced during Roadside inspections by Certified Roadside Inspectors If the Federal Motor Carrier Safety Regulations Apply to you what are they EMPLOYER – Generally are regulated and enforcement is performed by Federal or State auditors coming to your business to conduct Compliance Reviews Employers are required to obtain and maintain the following Records and documents If the Federal Motor Carrier Safety Regulations Apply to you what are they Very General 1. Driver Qualification Files 2. Drug and Alcohol Testing records if required (CDL) 3. Hours of service records 4. Vehicle Maintenance, Inspection Records & Annual Inspections What About The Hazardous Materials Regulations? 29 Does your company offer for Transportation or transport any material defined as a hazardous materials?. 30 As defined in the 998 pages of the U. S. Department of Transportation, Hazardous Materials Regulations 49 CFR Parts 100-199 31 GENERAL REQUIREMENTS Of the HM Regulations 49 CFR 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions… Key Word 171.2(e) No Person may offer or accept a COMMERCE Hazardous Material in commerce . . . 171.2(f) No Person may transport a Hazardous Material in commerce . . . 32 HAZARD CLASS DEFINITIONS Where are they located ? 49 CFR - 173.2 and 171.8 35 What are Hazardous Materials 36 ORM - D Any material such as a consumer commodity, which although subject to the hazardous material regulations, presents little hazard due to its form, quantity, or packaging Example: Wasp Spray 37 ORM-D ORM-D may be excepted from packaging, shipping papers, marking requirements and placarding if authorized 38 ADDITIONAL REQUIREMENTS: MARINE POLLUTANTS (Cont.) Technical names must be identified for marine pollutants Example: Compounds, tree or weed killing, N.O.S. (Fenthion) 39 INHALATION HAZARDS Division 2.3 or Division 6.1 PG I Inhalation Zone A or B must be labeled with the Inhalation Hazard label 40 Shipping Papers • Each person who offers a hazardous material for transportation shall describe the hazardous material on the shipping papers in the manner required by 49 CFR 172.200 41 GENERAL ENTRIES The Hazardous Material Must Be First , or In A Contrasting Color Or Identified By An “X” Must Have Number Pages (Example “1 of 3”) May Not Contain Unauthorized Codes Or Abbreviations 42 SHIPPING PAPER Num & Type 3 Drms HM X 20 Bx UN1238, Methyl Chloroformate, 6.1 (3,8), PG I, Toxic Inhalation Hazard Zone A Net Wgt. Gross Wgt. 150 lbs 450 lbs Fishing Tackle 10 Drms 2 Bx Shipping Description PSN, Class, ID, PG EXTRA info Mineral Oil (Non-Hazardous) X 400 lbs 4,000 lbs UN1380, Pentaborane, 4.2 (6.1), PG I Poison Inhalation Hazard Zone A Emergency Contact PK, Inc Cont #1234 1-800-555-1212 50lb 100lb I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked and labelled/ placarded, and are in all respects in proper condition for transport according to international and national governmental regulations. Judy K. Halloran 43 GENERAL PLACARDING REQUIREMENTS Bulk Packages Freight Containers Unit load devices Transport Vehicles Rail Containers Must be placarded on each side and each end IAW Table 1 & 2 of 49 CFR 172.504 44 HM TRAINING Requirements Anyone that • Handles HM (including loading & unloading) • Manufactures packaging for HM • Prepares HM for transport • Is responsible for the safety of HM • Operates a vehicle used to transport HM 45 WHO NEEDS TRAINING Any person that meets the definition of a hazmat employee according to 171.8 This includes self employed individuals 46 WHO PROVIDES TRAINING? It is the responsibility of the HM EMPLOYER to ensure all HM employees are trained 47 REQUIRED TRAINING 172.700 requires employees to have a familiarity of 49 CFR as well as modal specific training. Modal specific is highway, rail, vessel, or air 48 TYPES OF TRAINING REQUIRED 172.704 requires all HM employees to be trained in four basic areas • • • • General awareness Function specific Safety training Security Awareness NOTE: In-Depth Security training is required for those HM employees that are required to have a security plan, Subpart I 49 Part 387 Financial Responsibility Purpose – 387.1 • Prescribe the minimum levels of financial responsibility required to be maintained by: – Hazardous material and non hazardous material motor carriers operating motor vehicles in • Interstate • Intrastate • Foreign Commerce 387.9 Financial Responsibility Minimum Levels Some of your Products EcoFume MagToxin – Fulminations Pellets ProFume* Gas Fumigant Some of your Products MagToxin – Fulminations Pellets Materials Safety Data Sheet TRANSPORT INFORMATION . US DOT – I found nothing in the MSD Sheet to indicate that this material meets the definition of a Hazardous Material by the Manufacturer More research would be required before I cold make such a determination Some of your Products ProFume* Gas Fumigant Materials Safety Data Sheet TRANSPORT INFORMATION . This product is regulated as follows under the Hazardous Materials regulations as UN2191/SULFURYL FLUORIDE Class 2.3 Some of your Products EcoFume Materials Safety Data Sheet TRANSPORT INFORMATION . This product is regulated under the Hazardous Materials Regulations as follows: Proper Shipping Name: Liquefied gas, toxic, n.o.s. [Inhalation hazard – Zone D] Hazard Class: 2.3 UN/ID Number: UN3162 Transport Label Required: Poison Gas Technical Name (N.O.S.): Contains phosphine Hazardous Substances: Component / CAS No. Reportable Quantity of CSA/SMS Compliance Safety & Accountability Safety Management System Questions Federal Motor Carrier Safety Regulations Hazardous Materials Regulations Insurance Requirements See me after the meeting or contact me anytime with any question Contact info at www.rickgobbell.com