Hazmat Out-of-Service Order Issued for “Complete” Noncompliance

From time to time, everybody makes mistakes.

Often, despite the best intentions and careful attention to detail, a mistake slips through and results in a Notice of Violation from a hazmat inspector.

In some extreme cases, however, “mistake” is the wrong word. Sometimes, noncompliance is so blatant and obvious that US DOT steps in and orders an individual or a company to immediately cease shipping or carrying hazardous materials.

That’s what happened after a roadside inspection in Tennessee recently, during which the highway patrol found the following hazardous materials “haphazardly placed and unsecured” in the back of a pickup truck:
 

• Eight cases of Class 1 explosives
• 1,000 lbs. of ammonium nitrate-fuel oil mixture
• Electric detonators
• Blasting caps
• Detonating cords

In addition to improperly packaging these hazardous materials for transport, the company failed to prepare hazmat shipping papers, did not placard the vehicle, did not cover the hazardous materials in any way, did not segregate the explosives from metal objects in the vehicle, did not prepare emergency response information, did not assess transport security risks, did not develop a security plan or hazmat route plan, and caused an unlicensed and medically unqualified driver to transport hazmat. 
 
The company also lacked a hazmat training program and did not have a drug and alcohol testing program required by US law.

In response to what the Federal Motor Carrier Safety Administration (FMCSA) calls a “complete and utter lack of compliance with hazardous materials and Federal safety regulations,” US DOT issued an Imminent Hazard Out-of-Service Order. This prohibits the company from transporting explosives and other hazardous materials while the order is in effect.

DOT is now considering civil and/or criminal penalties for these hazmat violations.

DOT and IATA DGR Training for
Shippers - In the Classroom or Via Live Webinar

Meet DOT and IATA training mandates in cities nationwide in 2018. Be confident your shipments are in full compliance with the latest 49 CFR and DGR requirements for ground or air transport. Or join a Lion instructor live on May 1 for the IATA Air Shipper Certification Webinar. 
 
Learn the keys to compliance with IATA’s DGR for hazmat/dangerous goods air shipments. This expert-led training is designed to help satisfy the training requirement for DG air shippers at IATA DGR 1.5 and builds on your DOT (49 CFR) hazmat knowledge.  
 
Need DOT (49 CFR) hazmat training for highway shipments? Check out the Hazmat Ground Shipper workshop or online course here. 
 
Renew your DOT hazmat training here with the recurrent online course or live, one-day refresher webinar on May 3.
 

Tags: and, fines, FMCSA, hazmat, hazmat shipping, penalties, PHMSA