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New Maximum Hazmat Civil Penalties for 2025

Posted on 12/30/2024 by Lion Technology Inc.

Agencies of the US Department of Transportation (DOT) have increased the maximum possible civil penalty amounts for violations of US hazardous materials shipping and transportation regulations, including for failure to provide employees with mandatory hazmat training.

See the Final Rule in the December 30, 2024 Federal Register for all civil penalty adjustments made by US DOT agencies like US FAA, FMCSA, and FRA for 2025.


2025 Hazmat Civil Penalty Adjustments

For violations that occur on or after December 30, 2024, the new maximum (and minimum) penalties for hazmat shipping/transportation violations are as follows:

$102,348 per day, per violation (+$2,591)

...for a hazardous materials violation.

$238,809 per day, per violation (+$6,047)

...for a violation resulting in death, serious illness, severe injury, or substantial property damage.

$617 per employee, per day (+$16)

...for failure to provide hazmat training for employees per 49 CFR 172, Subpart H. The maximum penalty for failure to provide hazmat training is the same as above, $102,348.

See also: New Maximum Civil Penalties for Environmental Violations


DOT/PHMSA Hazmat Employee Training Requirements

As Federal civil penalties continue to rise exponentially, ongoing compliance with hazmat training and re-training requirements is crucial for success. US DOT requires hazmat training for all employees who can affect the safety of hazardous materials in transportation. This includes—but is not limited to—employees who classify materials, select packaging, package shipments, mark and label packages or containers, load and unload vehicles, and prepare or sign shipping papers.

Hazmat training must be provided within 90 days of the employee’s hire date, and re-training is required once every three years (see 49 CFR 172.704). For details about who needs hazmat training and what training is required for hazmat employees, see the Hazmat Training FAQ.

Hazmat Violations Have Major Non-Monetary Consequences, Too

Civil penalties are only one potential consequence of noncompliance with the HMR. Failure to comply with all applicable hazmat shipping regulations can cause a shipment to be rejected by the carrier or removed from transportation. Often, this means work must be repeated and/or rushed to ensure delivery to the customer.

Incidents during transportation or delivery like leaks, spills, and fires due to inadequate packaging or package closures can injure workers and endanger the public, and must be reported to US DOT. Hazardous materials inspectors review these reports to identify facilities that ship hazmat and prioritize facilities for inspection.

Why Do Civil Penalties Go Up Every Year?

Yearly civil penalty adjustments began in 2015, when the Bipartisan Budget Act of 2015 amended Federal law related to civil penalties for regulatory violations. Previously, the DOT and the EPA were required by law to increase penalties only every four years.

Tags: hazmat, hazmat penalties, hazmat shipping, hazmat training

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