On Monday, March 21, US DOT published a Final Rule to increase the minimum and maximum civil penalties for hazardous materials shipping and transportation violations. Penalties for noncompliance with the Hazardous Materials Regulations (HMR) increase annually to match the rate of inflation.
Effective March 21, the maximum penalty for a typical hazmat shipping violation (including failure to provide hazmat training) increased more than $5,000. For violations that result in death, serious illness or injury, or substantial property damage, the maximum penalty increased more than $12,000.
$89,678 per day, per violation is the new maximum civil penalty for a typical hazmat shipping violation.
$209,249per day, per violation is the new maximum civil penalty for a violation that results in death, serious illness, severe injury, or substantial property damage.
$540 per employee, per day is the new minimum penalty for failure to provide hazmat training as required by 49 CFR 172.704.
US DOT sub-agencies like PHMSA, FAA, FRA, FMCSA, and others are charged with ensuring the safe transportation of hazardous materials in the United States.
For hazardous materials shipped by vessel, the US Coast Guard shares responsibility for enforcement. Also, the US Postal Service enforces unique requirements for hazardous materials shipped in the mail system The Coast Guard and USPS each increased their civil penalty figures to match inflation earlier this year.
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Tom Bush, Jr.
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