Question of the Week
Providing Emergency Response Information
Q. We offer consignments that include several different kinds of hazardous materials, and it would be burdensome to provide separate emergency response information for each material. Currently, we ensure that each carrier has an Emergency Response Guidebook before we allow them pick up our hazardous consignments. Since the ID numbers on the shipping papers can be cross-referenced to the ERG, is that enough to satisfy 49 CFR 172, Subpart G?
A. 49 CFR 172.602 requires that shippers provide to carriers “...information that can be used in the mitigation of an incident...” on or with shipping papers. Carriers must maintain this information so that it is immediately available at all times during the cycle of transportation. This information is used by carrier personnel, first responders, and incident investigators to protect public safety in the event of an accident or incident involving hazardous materials.
The emergency response information must include at minimum: the basic description and technical name of the hazardous material, immediate hazards to health, fire and explosive risks, immediate precautions to take in the event of an accident, immediate fire handling methods, how to handle spills and leaks in the absence of fire, and preliminary first aid measures. As a separate requirement, you must also provide directly on the shipping papers a telephone number to call in case of emergency.
As long as the information in the ERG covers the seven items of information listed in 172.602(a), your procedure would comply with regulations.
When the Department of Transportation originally promulgated the emergency response information rules, they stated:
“A shipper might take any of several steps to ensure that the carrier has emergency response information on the vehicle. These steps could include requiring the driver to sign an acknowledgement form either separate from or included on the shipping paper, a visual inspection to determine the presence of appropriate guidance material on the vehicle, or a contractual agreement between the shipper and the carrier to maintain emergency response information on the vehicle during transportation of the hazardous material. However, if the driver of a vehicle does not have the required emergency response information, the shipper must ensure that a copy of the ERG or equivalent document accompanies the shipment when it is offered for transportation.” [55 FR 872, January 10, 1990.]
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DOT & International Transportation News
08/14/2008—Report of the 33rd Session of the UN Sub–Committee of Experts
The UN Sub–committee of Experts on the Transport of Dangerous Goods has released the report of its 33rd sesion held in Geneva, Switzerland, June 30—July 9 this summer. The committe considered proposals to amend the upcoming 15th Revised Edition of the UN Model Regulations, the UN Manual of Test and Criteria, and related issues. The draft amendments will be finalized in December at the sub–committee’s next meeting.
Read the report and annexes.
08/12/2008—FRA Calls on Railroads to Join in a New Safety Program Designed to Reduce Risks That Can Lead to Train Accidents and Employee Injuries
Federal Railroad Administrator Joseph H. Boardman told industry leaders at the Rail Safety Summit that improving upon the historic levels of safety achieved in recent years by the nation’s railroads will require the use of a new risk–based approach to identify and correct safety issues before they result in train accidents and employee injuries.
Read more...
07/29/2008—Two Florida Men Sentenced for Their Part in CDL Fraud Scheme
On July 29, 2008, Santos Alamo and Gustavo Soler were each sentenced to 21 months imprisonment, followed by 2 years supervised release, for their involvement in a Commercial Driver’s License fraud scheme by the U.S. District Court in Tampa, Florida.
Read more...
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Recent DOT Rules, Standards, and Interpretations
For Lion Members and Recent Course Attendees
07/31/2008—Harmonization of the Hazardous Materials Regulations With International Standards (HM–215j)
The Pipeline and Hazardous Materials Safety Administration proposed numerous miscellaneous changes to the Hazardous Materials Regulations in order to maintain harmonization with international standards. Of note are amendments and clarifications addressing the safe transportation of batteries and battery powered devices consistent with recent changes to the International Civil Aviation Organization’s Technical Instructions.
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07/23/2008—Petitions for Interim Standards for Rail Tank Cars Used to Transport Toxic–by–Inhalation Hazard Materials
This document solicits comments on the merits of two petitions for rulemaking filed with PHMSA seeking an interim standard for railroad tank cars used to transport toxic by inhalation hazard (TIH) materials. The interim standard would smooth industry’s transition to the new construction standards for TIH tank cars proposed by PHMSA on April 1, 2008.
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