PHMSA Raises Hazmat Civil Penalties

Posted on April 18,2017 by Roger Marks

In a Final Rule to be published in tomorrow’s Federal Register, the US DOT Pipeline and Hazardous Materials Safety Administration will raise civil penalties for 49 CFR hazmat violations, including failure to provide hazmat training for covered employees.

PHMSA’s boost to civil penalties for hazmat highway shippers follows similar increases from the Federal Aviation Administration (FAA) and the Federal Rail Administration (FRA). This is an annual adjustment to the civil penalty amounts to account for inflation.  

49 CFR Hazmat Training Violations for Shippers ($8 increase)

Hazmat training for shipping employeesFor hazmat training violations, the penalty is up $8, from $463 per day, per employee to $471 per day, per employee. An $8 increase may seem insignificant, but the “per day” and “per employee” multipliers can add up fast, especially in industries with high-turnover or at facilities where employees often take on new hazmat job responsibilities.

Questions about who needs hazmat training? Watch the explainer video here.

US DOT requires all hazmat employees to complete training once every 3 years. [49 CFR 172.704]
Hazmat employees must receive general awareness, security awareness, and function-specific hazmat training. Some employees may also need hazmat safety training or training on their workplace’s hazmat security plan, when applicable to the employee’s job functions. 

Maximum Hazmat Shipper Civil Penalty ($1,262 increase)

For non-training hazmat violations, PHMSA raised its maximum civil penalty from $77,114 per day, per violation to $78,376 per day, per violation. 

Aggravated Maximum Hazardous Materials Civil Penalty ($2,994 increase)

For “aggravated” hazmat violations—those that result in death, serious illness, severe injury or substantial destruction of property—PHMSA raised the civil penalty from $179,933 to $182,877 per day, per violation. 

Meet DOT, IATA, and IMDG Hazmat Training Mandates 

Don’t miss expert-led 49 CFR, IATA DGR, and IMDG Code training when it comes to your area in April. Build a step-by-step process for keeping your hazmat shipments in compliance with the latest requirements. Whether you ship hazmat every day or just once in a while, knowing your responsibilities is crucial to avoid rejection, costly customs delays, and DOT fines now as high as $77,114 per day, per violation.

The Complete Multimodal Hazmat Shipper Certification Workshops will be presented in Kansas City on April 25-28, Chicago on May 2-5, and St. Louis on May 8-11.

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