Bob Richard
Vice President of Regulatory Affairs
Labelmaster Services
DANGEROUS GOODS TRUTHS,
MYTHS AND MISPERCEPTIONS
• What are some common DG myths, truths and
misperceptions?
• How do DG myths impact trainers?
• How can we overcome them?
• A prior regulator’s “gone to the dark side”
perspective.
• Can we change perspectives to enhance
compliance?
• How can we be proactive to enhance safety,
compliance and work with regulators?
DANGEROUS GOODS TRUTHS,
MYTHS AND MISPERCEPTIONS
Regulations
• The transport regulations are harmonized.
• The regulations are not complex.
• The DG regulations are risk-based and datadriven.
• All amendments are justified, necessary and
practical.
• Politics do not play a role in regulation
development.
DANGEROUS GOODS TRUTHS,
MYTHS AND MISPERCEPTIONS
Regulators
• All regulators are created equal.
• Regulators need to keep a distance from industry in
order to prevent the perception of impropriety.
• Regulators always have a thorough understanding
of the regulations and agree on how they are
interpreted.
• The regulator is your friend.
• Ross McLachlan is cool!
DANGEROUS GOODS TRUTHS,
MYTHS AND MISPERCEPTIONS
Preventing incidents
• All incidents, injuries and fatalities are preventable.
• There are unlimited resources to address safety.
• If an accident occurs, the regulations must be
deficient.
• More comprehensive regulations lead to enhanced
compliance and safety.
• No matter how hard we try, we will never be able
to prevent all incidents.
DANGEROUS GOODS TRUTHS,
MYTHS AND MISPERCEPTIONS
Training
• Training can be left until the employee has been on the
job for some time.
• “Awareness” training is all that is needed (i.e. the need
for function specific is not understood).
• DGSAs, when required, should be able to do everything
(including all classification work) to provide compliance
to ADR/RID/ADN.
• DGSAs automatically know about sea and air
requirements.
DANGEROUS GOODS TRUTHS,
MYTHS AND MISPERCEPTIONS
Consignors
• Suppliers are always compliant so I don’t need to worry.
• I can’t be held accountable if I reship dangerous goods
that are not properly declared, marked, labeled, packed
and documented.
• The cost of compliance is too extreme…it is cheaper to
pay the fines.
• I give the shipment to the carrier and it is his job to make
sure it is compliant.
• It is okay to send small amounts by post unmarked.
• SDS Section 14 provides everything I need for a
transport classification.
DANGEROUS GOODS TRUTHS,
MYTHS AND MISPERCEPTIONS
• SDSs stating “not regulated for transport” when the
manufacturer really should have been saying “Class
3 PG II exempted for ground transportation in
packages of 30 kg or less and inner packagings of 1
L or less.” Or "combustible liquid.”
• Many shippers think that when using UN
specification packagings, they just need to control
the outer packaging to see if it meets the
requirements of the PI. They often forget that inner
packagings must be also tested...
DG MYTH BUSTERS
“I’m not really a dangerous goods shipper; I just send
some stuff down the street to the body shop and the
parts warehouse.”
Requirements in the dangerous goods
regulations apply to each person who
transports dangerous goods or performs a
transportation function.
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DG MYTH BUSTERS
“I just reuse the transport documents that I receive
from the manufacturer to ship my stuff so I don’t
need to recreate them.”
The manufacturer is human and may or
may not have a rigorous compliance
program.
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DG MYTH BUSTERS
“I use contract personnel to package and ship my
dangerous goods, I am not responsible to ensure
they are trained.”
This approach is misguided and leaves
the contracting company open to
significant liability.
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DG MYTH BUSTERS
“My competitors don’t comply so why should I
comply with impractical and complicated
requirements”
It is not necessarily about the probability
of getting caught although fines can be
severe. Employee and public safety,
corporate image and protecting your
company from liability should be driving
factors. You don’t want to be the poster
child for non-compliance.
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DG MYTH BUSTERS
“Who writes this stuff? Can they really expect us to
understand all of these burdensome requirements.
How can we possibly be compliant?”
It is true that the DG requirements are
complex. Compliance is not easy.
Companies need to work with regulators to
simplify requirements and provide feedback to
promote practical requirements that have the
greatest impact to safety.
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DG MYTH BUSTERS
“I don’t have to worry I will just hand the shipment over
to a freight forwarder who will assume all my
responsibility.”
Guess again! The forwarder is an AGENT of
the shipper, and the shipper must make sure
that certain information is communicated to
the forwarder in a legible and verifiable
manner (e.g. that a shipment contains
“Engines, internal combustion not restricted as
per SP A 70”).
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DG MYTH BUSTERS
“The regulations are ‘as is’ and always
correct.”
Shippers do not update the regulations
annually or biannually (as required), do not
incorporate addendums and corrigendums,
and — this goes especially for the foreign
language editions of the IATA DGR —
forget that only the English edition is legally
binding.
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DG MYTH BUSTERS
“Since I am shipping to the U.S., I just need to comply
with the IMDG Code or ICAO TI.”
Most shippers are not aware that their
shipments must FULLY comply with the
additional requirements in 49 CFR Part 171
Subpart C. They have neither a copy of 49
CFR on site nor are they aware of certain
requirements, such as hazardous substances.
- 16 -
DG MYTH BUSTERS
“It doesn’t matter what I do. The regulators won’t
listen to me.”
Not true. Regulators are human and
while they have limited resources, most
will readily listen and welcome proactive
suggestions.
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COMMON ENFORCEMENT ACTIONS
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Failure to train, improper training
records
Undeclared shipments
Improper packaging, closure
instructions, performance testing
Hazmat improperly declared on
shipping paper
Packaging discrepancies
Security plans -172.704(a) missing
risk assessment, company
responsibilities
Labels and marks not properly
applied (pre-printed label or mark
dimensions)
Unauthorized emergency response
number
THE NUMBER ONE MOST COMMON
VIOLATION
172.704(d) Recordkeeping.
The record shall include:
(1) The hazmat employee’s name;
(2) The most recent training
completion date of the hazmat
employee’s training;
(3) A description, copy, or the
location of the training materials
used to meet the requirements
in paragraph (a) of this section;
(4) The name and address of the
person providing the training;
and
(5) Certification that the hazmat
employee has been trained and
tested, as required by this
subpart.
The distinction between “a
certificate” and “certification” is
important:
• It is not merely an indication that a
person took somebody’s training
class.
• It is not a certification of what the
employee did (took a class, passed
an exam, etc.).
• Rather, it’s a certification of what the
employer has done: “the hazmat
employee has been trained and
tested, as required by the HMR.”
EXAMPLE OF EMPLOYEE TRAINING
RECORD
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OTHER COMMON CAUSES OF
VIOLATIONS
Product returns. A company doesn't normally ship hazmat but has to return a
product to a vendor.
The trained employee called in sick. An untrained person was driving the
forklift, marking the package, or performing some other hazmat function for
which they weren’t certified.
The shipment is not regulated by ground, but is by air. And because it
“absolutely, positively had to get there quickly” in an effort to accommodate a
customer, a company ends up with a $50,000 fine.
The information from the manufacturer was just plain wrong (this happens
more than you think). Many manufacturers are not familiar with any regulations
other than ground shipping.
The SDS was in error. In our estimation, more than 30% of the SDSs we
review contain incorrect or incomplete information in “Section 14 –
Transportation.”
An employee was trained for a mode of transport other than the one used.
The regulations had changed and the company didn't know it. An
employee was trained 5 years ago; the regulations had changed since then (if
it’s lithium batteries that may happen every year!).
FEDERAL REGISTER SAFETY NOTICE
AUGUST 30, 2011 | DOCKET #: PHMSA-2011-0162
SPECIAL PERMIT PACKAGES
• Awareness and importance of adhering to
requirements of Special Permits (SPs).
• SPs are issued for different packaging alternatives or
transportation issues not found in the 49 CFR.
• Function-specific training requirements on SPs.
• Non-compliance with SPs may have serious safety
consequences.
• “Shipper failure to comply: 3 lives lost during a vessel
loading operation”.
SP 11186
SP 11186 - ISO PORTABLE TANK IN
TRANSPORTATION
• Authorized a non-specification portable tank
• ON DECK ONLY, per 49 CFR 176.76(g), for Cryogenic
Liquids
• Tank marked “SP 11186” - Tested every 5 yrs - Copy of SP at
location of filling and on vessel - determine One Way Travel
Time (OWTT) - OWTT on shipping paper - Record of tank
pressure at ambient temp (start of trip, every 24 hours, at
destination)
• VIOLATIONS: Failed to comply with SP; Not listing SP
number on BOL; not providing copy of SP to vessel; no
function specific training for SP; no external inspection of
Emergency Relief Devices; not listing OWTT and temp on
BOL.
• RESULT: 3 LOST LIVES!!!!!!
INVESTIGATION
• Container put below deck.
• Pressure relief device’s (PRD) safety wire was cut and
valve closed.
• Two of the three PRDs did not function during
investigation testing.
• Over-pressurized.
• Argon gas leaking below deck.
• 3 men went in to investigate and never came back!!!
INVESTIGATION
• Choose the right carrier and form a relationship
• Plan ahead and develop specific written protocols and
SOPs
• Understand the regulations (consultants can help)
• Train employees and establish corporate responsibility
• Ensure paperwork is correct
• Choose the appropriate packaging
• Develop a security plan
• Have a plan for incidents and unexpected events
• Conduct audits and identify compliance gaps
WHAT CAN DGTA MEMBERS DO?
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Engage regulators.
Be proactive.
Be ahead of regulation changes and provide input.
Represent the views of trainers worldwide.
Enhance the quality and clarity of regulations.
Highlight the importance of compliance.
NEED COMPLIANCE
ASSISTANCE?
Bob Richard
Vice President of Regulatory Affairs
Labelmaster Services
Phone: (773) 540-0837
E-mail: bob.richard@alc-net.com
Web: www.labelmasterservices.com
Consulting and Assessment Services
for Hazardous Material Transport
and Shipping