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Hazmat

Following are common questions asked about the hazmat/dangerous goods transportation regulations (49 CFR/IATA/IMDG). Members can also search the Transportation Library or submit a request to the Finder Service.

Do I have to follow the DOT hazardous materials regulations if I am just sending hazardous materials to our facility across the street?
Where in the hazardous materials regulations does it tell me what torque or what kind of torque wrench to use to close a drum?
Do I need a CDL to transport hazardous materials?
Does an employee who moves hazardous materials around on a forklift within our building need DOT training?
If we ship hazardous materials, who needs to be "certified" to work in our shipping department?
How often does a hazmat employee have to be trained?
Do I have to have hazardous materials training just to sign a manifest?
Do I need any special paperwork to take home the hazardous chemicals I buy at the home improvement store?
If the material we are shipping isn't listed in the 49 CFR 172.101 Table, does that mean it is not a hazardous material?
We have one guy that travels between our two facility locations to do maintenance. He carries hazardous materials with him in the company van that he uses when doing the maintenance. Does he need to use placards, shipping papers, etc.?
Who is responsible for placarding trucks? The shipper or the driver?
If we only ship hazardous materials a couple of times a year, do we still have to register with the DOT?
How do I find out what kind of packaging I need to use to ship a particular hazardous material?
I'm just sending some samples to my lab. Do I have to worry about the hazardous materials regulations?
Our salesman takes samples to prospective clients. Are the samples subject to hazardous materials regulations?
Where are the requirements for registering with the DOT that we ship hazardous materials?

1. Do I have to follow the DOT hazardous materials regulations if I am just sending hazardous materials to our facility across the street?

Yes. A hazardous material being transported in commerce, by a motor vehicle, on a public road (regardless of whether the material is transported across the road or along it) is subject to all of the applicable hazardous materials regulations [49 CFR 171.1(a)(1)].

For shipments of EPA hazardous wastes, the EPA defines "on-site" as "the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right-of-way" (at 40 CFR 260.10). This definition is significant because a shipment of hazardous waste only requires a hazardous waste manifest when it is transported OFF SITE. The EPA also provides relief from the manifest requirements if a shipment of hazardous waste is being transported along the border of contiguous property under the control of the same person, even if the property is divided by a public or private right-of-way [40 CFR 262.20(f)].

2. Where in the hazardous materials regulations does it tell me what torque or what kind of torque wrench to use to close a drum?

The hazardous materials regulations (49 CFR 100–185) do not provide any guidance on the torque or torque wrench needed to close drums. The regulations require that the manufacturer of a package provide written information to the buyer on how to prepare and close the package for shipment [49 CFR 178.2(c)]. In addition, under the "Shipper's Responsibilities" regulations in 49 CFR 173.22, the shipper is required to assure that the package has been assembled according to the requirements of 49 CFR Part 178. For additional insight, review page 52408 of the December 21, 1990, Federal Register, where the DOT discusses the shipper's responsibility to close packages in accordance with the manufacturer's specifications.

To determine the acceptable range of torque, and the appropriate torque wrench to use, contact the manufacturer of the specific drums to be closed.

3. Do I need a CDL to transport hazardous materials?

The DOT Federal Motor Carrier Safety Administration (FMCSA) requires people who operate "commercial motor vehicles" in commerce to obtain a commercial driver's license (CDL) [40 CFR 383.3]. "Commercial motor vehicle" includes (among others):

A motor vehicle or combination of motor vehicles
Used in commerce to transport passengers or property
Of any size, when used to transport hazardous materials that require the motor vehicle to be placarded [49 CFR 383.5]

In addition, an operator must obtain a state-issued hazardous materials endorsement of his or her CDL to operate commercial motor vehicles that must be placarded [49 CFR 383.93(b)(4)].

4. Does an employee who moves hazardous materials around on a forklift within our building need DOT training?

Maybe. The DOT requires an employer to provide specific training in 49 CFR 172.702 for each "hazmat employee." This is a person who "in the course of employment directly affects hazardous materials transportation safety" (see definition of "hazmat employee" at 49 CFR 171.8). The DOT definition also includes employees who do any of the following:

Load or unload hazardous materials
Prepare the package for transportation (e.g., package the material, mark and label the package, prepare paperwork)
Operate a vehicle used to transport the material in commerce

An employee who only moves the materials around within the workplace and who is NOT involved in preparing the packages for shipment or loading or unloading them would not meet the definition of "hazmat employee." However, note that such an employee may be subject to OSHA training, including forklift operator training in 29 CFR 1910.178(l).

5. If we ship hazardous materials, who needs to be "certified" to work in our shipping department?

The DOT training requirements in 49 CFR 172, Subpart H apply to every hazmat employer for each hazmat employee. This term is defined in 49 CFR 171.8 as any person who "in the course of employment directly affects hazardous materials transportation safety." This includes, but is not limited to, any employee who does any of the following:

Classifies materials (analyzes or researches literature)
Assigns packing groups or hazard zones
Prepares the shipping descriptions
Determines emergency response information for a material
Prepares shipping documents (e.g., bills of lading, hazardous waste manifests, emergency response information)
Selects or purchases packaging
Fills a package
Determines whether packages can be reused
Determines whether a package is empty
Determines whether a package must be reconditioned
Manufactures, reconditions, tests, and/or certifies packaging
Determines any markings or labels to be applied to a package
Applies any markings or labels to a package
Determines which placards apply to a shipment
Provides or affixes placards
Loads or unloads packages or materials
Operates vehicles that transport materials in commerce
Responds to spills, leaks, or damaged packages
Reports releases from shipping packages
Directly supervises any persons above

6. How often does a hazmat employee have to be trained?

At a minimum, persons subject to the hazmat employee training requirements of 49 CFR 172, Subpart H must be retrained within three years of the anniversary date of their last training. However, additional training may be required if the DOT adopts a new rule or revises an existing rule. The DOT stated:

If a new regulation is adopted, or an existing regulation is changed, that relates to a function performed by a hazmat employee, that hazmat employee must be instructed in those new or revised function specific requirements without regard to the timing of the three year training cycle. [61 FR 27169, May 30, 1996]

7. Do I have to have hazardous materials training just to sign a manifest?

Yes. If a person is shipping an EPA-regulated hazardous waste, and that waste is required to be shipped on a manifest, then that material is subject to the DOT hazardous material regulations. The manifest is the shipping paper, required in 49 CFR 172, Subpart C.

The DOT's training requirements in 49 CFR 172, Subpart H apply to all hazmat employees. "Hazmat employee" is defined in 49 CFR 171.8 as any person who "in the course of employment directly affects hazardous materials transportation safety." This includes any person who prepares a manifest (shipping paper), determines the information that must be placed on a manifest, or certifies the accuracy of the required information.

8. Do I need any special paperwork to take home the hazardous chemicals I buy at the home improvement store?

No. The DOT hazardous materials regulations apply only to the offering of hazardous materials for transportation and the transportation of hazardous materials in commerce (i.e., in support of a business) [49 CFR 171.1(a)(1)].

9. If the material we are shipping isn't listed in the 49 CFR 172.101 Table, does that mean it is not a hazardous material?

No. First, you must determine whether the material meets the definition of any of the nine hazard classes in 49 CFR 173. Then, consult the Hazardous Materials Table in 49 CFR 172.101 to see whether a proper shipping name in Column 2 of the table specifically identifies your material. If your material is identified by name in the table, make sure that it meets the hazard class listed in Column 3. If your material does not have the hazard identified in Column 3 of the table, then you must select a different shipping name. However, if the material is specifically identified by name with a "+" in Column 1 of the Table, it is classifed in the class indicated in Column 3 of the Table, regardless of whether or not you think your material actually has that hazard.

If your material meets the definition of a hazard class, but you do not see a proper shipping name that specifically identifies it in the table, choose a generic name from the table (do not give up and assume it is not a hazardous material). For example, a mixture of chemicals that is flammable might be named using the generic name "Flammable liquids, nos." Note that you only use a generic name when there is no better, more specific name.

Remember that when choosing proper shipping names, you must choose the one that most specifically describes your material. The priority for selecting the most specific proper shipping name is:

Technical names (e.g., dimethyl ketone is "acetone")
Chemical family name (e.g., pentyl alcohol is "alcohols, n.o.s.")
End use of material (e.g., "paint")
"N.O.S." (not otherwise specified) end use of material (e.g., "pesticides, liquid, toxic, n.o.s.")
DOT hazard class (e.g., "flammable liquids, n.o.s.")

10. We have one guy that travels between our two facility locations to do maintenance. He carries hazardous materials with him in the company van that he uses when doing the maintenance. Does he need to use placards, shipping papers, etc.?

As with shipping any material, you must first determine whether the material meets the definition of any DOT hazard class. For example, if the material is a liquid with a flash point less than 141 degrees Fahrenheit, it is Class 3, flammable liquid. If it can destroy skin tissue, it is Class 8, corrosive. If the material does not meet the definition of any DOT hazard class, then you don't have to worry about the hazardous materials regulations. As a general rule, the DOT expects you to be correct in classifying your material's hazards.

If the material is a hazardous material, you may be able to use the special rules for “materials of trade,” which are found at 49 CFR 173.6.

Under §173.6, small quantities of “materials of trade” in certain hazard classes may be transported by motor vehicle without using performance-tested packaging and without full shipping papers, labeling, marking, and placarding. The quantity limitations are set out in §173.6(a), packaging requirements are in §173.6(b), and hazard communication requirements are in §173.6(c).

To use these rules, you must be shipping material that meets the definition of “material of trade.” “Material of trade” means:

"a hazardous material, other than a hazardous waste, that is carried on a motor vehicle—

For the purpose of protecting the health and safety of the motor vehicle operator or passengers;

For the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment); or

By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle." [49 CFR 171.8]

The idea is that the material is not being carried on or in the vehicle for the sole purpose of transportation—in other words, simply taking it from one place to another. The material is in the vehicle for other purposes. In the case of the maintenance man carrying maintenance materials back and forth between company locations, the main purpose is not delivery of a product, but maintenance activity in support of the main business.

It is important to note several points:

The special rules for materials of trade are “exceptions,” not exemptions or exclusions. This means they are not “non-regulated.” To the contrary, they are subject to specific requirements of DOT hazardous materials rules.
To qualify for the exceptions, the transportation must be by motor vehicle only. It is specifically illegal to carry hazardous materials on board passenger aircraft in carry-on or checked luggage, and the FAA will assess steep penalties against anyone who does.
The material of trade exception is only available to certain hazard classes, packaged in accordance with the specific requirements of §173.6.
The material must meet the definition of “material of trade.” For example, if a customer orders a can of product, and one of your employees delivers it to the customer's site, it is not eligible for the materials of trade exemption, since the sole purpose of the material being in the motor vehicle is to transport it to the customer.

For more explanation of the exception for “materials of trade,” see the January 8, 1997 Federal Register [62 FR 1215].

11. Who is responsible for placarding trucks? The shipper or the driver?

While it might seem that this should be a simple, straightforward question, there are at least four general aspects to placarding:

Determining whether placards are needed for a particular shipment
Determining whether placards are needed for the entire contents of the vehicle
Providing the appropriate placards
Affixing the placards

So the question becomes “Who is responsible for doing all of those things?”

Determining Whether Placards Are Needed for a Particular Shipment

DOT placarding requirements for motor vehicles carrying hazardous materials are found in 49 CFR 172, Subpart F. Under paragraph 172.506(a) of Subpart F, “Each person offering a motor carrier a hazardous material for transportation by highway shall provide to the motor carrier the required placards for the material being offered prior to or at the same time the material is offered for transportation, unless the carrier's motor vehicle is already placarded for the material as required by this subpart.”

In other words, you are responsible for determining whether the shipment you are offering for transportation triggers placarding requirements. If it does, you must provide the placards to the truck driver. If you see that the truck is already showing the placards required for your material, then you don't have to provide placards.

Determining Whether Placards Are Needed for the Entire Contents of the Vehicle

Under 49 CFR 172.506(b), “No motor carrier may transport a hazardous material in a motor vehicle, unless the placards required for the hazardous material are affixed thereto as required by this subpart.”

In other words, whether or not the shipper provides placards, the driver must know when his or her truck contains the type or quantity of material that triggers placarding requirements, and must make sure that the required placards are on the truck.

Special Issues for Bulk Packaging

Under 49 CFR 172.514(a), if you offer for transportation a bulk packaging containing hazardous material (for example, a cargo tank or tote bin), you must put the placards on the package.

Examples

Situation 1:
You are shipping several non-bulk packages. The total quantity of the materials exceeds the threshold requiring placarding. The truck is not placarded.

Answer:
You must provide the necessary placards; either you or the driver may put them on the truck. The driver may not drive out onto the road unless the placards are properly displayed.

Situation 2:
You are shipping some non-bulk packages. The total quantity of the material is less then the threshold requiring placards. However, when added to the quantity already on the truck, the total amount requires placards. The truck is not placarded.

Answer:
You are not required to provide placards. However, the driver may not drive out onto the road unless the required placards are properly displayed. Of course, you might want to give the driver the placards if he or she does not have them.

Situation 3:
You are shipping several non-bulk packages. The total quantity of your materials exceeds the threshold requiring placarding. However, the truck is already showing the placards required for your material, because there's already some of the same hazard class on the truck.

Answer:
You are not required to provide placards. Since the truck is already placarded as required for your material, neither you nor the driver have to do anything with the placards.

Situation 4:
You are offering some hazardous materials for bulk transportation. The trucking company is sending over an empty cargo tank, and the driver will fill the tank with your material. The truck is not placarded because it is completely empty.

Answer:
You must provide the placards; either you or the driver may put them on the truck. The driver may not drive out onto the road unless the placards are properly displayed.

Situation 5:
You are offering some hazardous materials for bulk transportation. The trucking company is sending over an empty cargo tank, and the driver will fill the tank with your material. The cargo tank was not cleaned and purged, and contains a residue of the same material from a previous trip, so it already has the appropriate placards showing.

Answer:
Since the truck already shows the appropriate placards, you do not have to provide placards and neither you nor the driver have to do anything with the placards.

Situation 6:
You are shipping an intermediate bulk container (IBC) full of hazardous materials. The IBC will be placed into an enclosed trailer, so that the placards on the IBC are not visible.

Answer:
You must apply the placards to the IBC prior to offering. You must provide placards for the truck; either you or the driver may put them on the truck. The driver may not drive out onto the road unless the placards are properly displayed on the truck.

12. If we only ship hazardous materials a couple of times a year, do we still have to register with the DOT?

Registration requirements are not related to the number of hazardous materials shipments per year. Anyone who offers for transport or transports in commerce any of the following shipments—even just once in a year—must register with the DOT:

A highway-route controlled quantity of a Class 7 (radioactive) material. [See 49 CFR 173.403 for an explanation of radioactive materials.]
More than 25 kg (55 lbs.) of a Division 1.1, 1.2, or 1.3 (explosive) material in a motor vehicle, rail car, or freight container. [See 49 CFR 173.50 for an explanation of explosive materials.]
More than 1 liter (1.06 quarts) per package of a material poisonous by inhalation (as defined at 49 CFR 171.8) that meets the criteria for Hazard Zone A. [See an explanation of hazard zones at 49 CFR 173.116(a), and 173.133(a).]
A shipment of hazardous materials in a bulk packaging (as defined at 49 CFR 171.8) that has a capacity equal to or greater than 13,248 liters (3,500 gallons) for liquids or gases, or more than 13.24 cubic meters (468 cubic feet) for solids.
A shipment of one class of hazardous materials in non-bulk packaging (as defined at 49 CFR 171.8) of 2,268 kg (5,000 lbs.) gross weight or more that requires placarding of the vehicle, rail car, or freight container. [See an explanation of the placarding requirements starting at 49 CFR 172.500.]
Any quantity of hazardous materials that requires placarding (except when related to farming activities).

13. How do I find out what kind of packaging I need to use to ship a particular hazardous material?

Once you have classified the material and selected a proper shipping name from Column 2 in the 49 CFR 172.101 Hazardous Materials Table, read across the table to Columns 8A, 8B, and 8C. These columns tell you what section of 49 CFR Part 173 contains the packaging requirements for your material. Column 8A indicates where you can find packaging exceptions (i.e., less stringent packaging requirements), if any, for your material. Column 8B indicates where you can find the non-bulk packaging requirements for your material. Column 8C indicates where you can find the bulk packaging requirements for your material. See 49 CFR 171.8 for the definitions of “bulk packaging” and “non-bulk packaging.”

Also check Column 7, which identifies special provisions for your material. The special provisions, found in 49 CFR 172.102, can include additional packaging options or requirements.

In addition to the specific packaging requirements indicated for your material in the 49 CFR 172.101 Hazardous Materials Table, you must also comply with the general packaging requirements found in 49 CFR 173.1 through 173.40.

14. I’m just sending some samples to my lab. Do I have to worry about the hazardous materials regulations?

As with shipping any material, you must first determine whether the material meets the definition of any DOT hazard class. For example, if the material is a liquid with a flash point less than 141 degrees Fahrenheit, it is Class 3, flammable liquid. If it can destroy skin tissue, it is Class 8, corrosive. If the material does not meet the definition of any DOT hazard class, then you don't have to worry about the hazardous materials regulations. As a general rule, DOT expects you to be correct in classifying your material's hazards.

However, it’s possible—even likely—that you don't fully know what the material’s properties are, which is why you’re having it analyzed. The DOT has allowed for situations like this with the “Guess” rule, which is found at 49 CFR 172.101(c)(11).

For most materials, if you are sending a sample to a laboratory for testing, you may assign a tentative shipping name, hazard class, identification number and packing group, based on your tentative determination in accordance with the defining criteria in the DOT’s rules. This allows you to assign what you believe to be the most correct hazard classification based on what you do know about the material, and package and ship it accordingly. However, you have to have some knowledge of the material and make your best determination based on that knowledge.

It's important to note that you can’t use the “Guess” rule for materials that are forbidden under 49 CFR 173.21 or 173.54, nor for explosives, self-reactives, or organic peroxides, all of which have special rules for classifying.

If you have a material that is truly “unknown,” and you have absolutely no knowledge about it whatsoever, then you have no way of making a determination, and you cannot offer it for transportation until you develop some more information about it.

15. Our salesman takes samples to prospective clients. Are the samples subject to hazardous materials regulations?

A common misconception is that the DOT doesn’t regulate small amounts of materials. However, just because it’s a “small amount” doesn’t mean that it’s excluded from the DOT’s hazardous materials regulations.

As with shipping any material, you must first determine whether the material meets the definition of any DOT hazard class. For example, if it is a liquid with a flash point less than 141 degrees Fahrenheit, it is Class 3, flammable liquid. If it can destroy skin tissue, it is Class 8, corrosive. If the material does not meet the definition of any DOT hazard class, then you don't have to worry about the hazardous materials regulations. As a general rule, the DOT expects you to be correct in classifying your material’s hazards.

If the material is a hazardous material, you may be able to use the special rules for “materials of trade,” found at 49 CFR 173.6.

To use these rules, you must be shipping material that meets the definition of “material of trade.” “Material of trade” means:

“a hazardous material, other than a hazardous waste, that is carried on a motor vehicle:

For the purpose of protecting the health and safety of the motor vehicle operator or passengers;

For the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment); or

By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle.”
[49 CFR 171.8]

The idea is that the material is not being carried on or in the vehicle for the sole purpose of transportation—in other words, simply taking it from one place to another. The material is in the vehicle for other purposes. In the case of the salesman taking samples to a client, the main purpose is not delivery of a product, but sales activity in support of the main business.

It is important to note several points:

The special rules for materials of trade are “exceptions,” not exemptions or exclusions. This means they are not “non-regulated.” To the contrary, they are subject to specific requirements of DOT hazardous materials rules.
To qualify for the exceptions, the transportation must be by motor vehicle only. It is specifically illegal to carry hazardous materials on board passenger aircraft in carry-on or checked luggage, and the FAA will assess steep penalties against anyone who does.
The material of trade exception is only available to certain hazard classes, packaged in accordance with the specific requirements of §173.6.
The material must meet the definition of “material of trade.” For example, if a customer orders a can of product, and one of your employees drives it over to the customer’s site to deliver it, it is not eligible for the materials of trade exemption, since the material is being carried in the motor vehicle for the sole purpose of transporting it to the customer.

For more explanation of the exception for “materials of trade,” see the January 8, 1997 Federal Register [62 FR 1215].

16. Where are the requirements for registering with the DOT that we ship hazardous materials?

The DOT registration requirements are found at 49 CFR 107, Subpart G. Note that the registration requirements are not part of the Hazardous Materials Regulations in 49 CFR Parts 171 through 180.

The DOT requires that anyone who offers for transportation or transports certain shipments of hazardous materials must register with the DOT prior to offering or transporting the material.

Registration is required by anyone who offers or transports:

A highway-route controlled quantity of a Class 7 (radioactive) material. [See 49 CFR 173.403 for an explanation of radioactive materials.]
More than 25 kg (55 lbs.) of a Division 1.1, 1.2, or 1.3 (explosive) material in a motor vehicle, rail car, or freight container. [See 49 CFR 173.50 for an explanation of explosive materials.]
More than 1 liter (1.06 quarts) per package of a material poisonous by inhalation (as defined at 49 CFR 171.8) that meets the criteria for Hazard Zone A. [See an explanation of hazard zones at 49 CFR 173.116(a) and 173.133(a).]
A shipment of hazardous materials in a bulk packaging (as defined at 49 CFR 171.8) that has a capacity equal to or greater than 13,248 liters (3,500 gallons) for liquids or gases, or more than 13.24 cubic meters (468 cubic feet) for solids.
A shipment of one class of hazardous materials in non-bulk packaging (as defined at 49 CFR 171.8) of 2,268 kg (5,000 lbs.) gross weight or more that requires placarding of the vehicle, rail car, or freight container. [See an explanation of the placarding requirements starting at 49 CFR 172.500.]
Any quantity of hazardous materials that requires placarding (except when related to farming activities).

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