PHMSA Issues Emergency Prohibition Order Against Lithium Battery Manufacturer

Posted on 9/28/2016 by Roger Marks

After identifying multiple violations of hazardous materials law and regulations by a lithium battery manufacturer, the US DOT Federal Aviation Administration (FAA) issued an emergency prohibition order to halt the company from shipping non-compliant batteries.

In June this year, Federal Express reported to US DOT that a delivery truck carrying lithium batteries caught fire and that the manufacturer’s batteries were the suspected cause. Upon further investigation, FAA found that the company violated hazardous materials requirements by shipping lithium batteries that were:

Not proven to meet specific UN Manual of Tests and Criteria standards (specifically Part III, sub-section 38.3), and
Not properly classified or packaged.

On June 15, 2016, FAA ordered the company to stop shipping lithium batteries that did not meet UN test criteria. However, the company offered 20 more lithium-ion battery shipments for air transport over the next month, some of which were not proven to meet the test criteria.

Issued on September 16, 2017, and effectively immediately, the Emergency Prohibition Order puts a number of restrictions on the manufacturer. First, the company must immediately stop shipments of any lithium-ion batteries that do not meet the UN’s test criteria or are not properly prepared in accordance with the lithium battery rules at 49 CFR 173.185. When the company manufacturers a battery that is proven to “pass” UN testing, it must release a record of the test results to the public.

In addition, the company must notify any third-party vendors that offer their batteries for transportation to stop these shipments until the manufacturer can show the batteries meet UN standards.

Workers at any site who are involved in shipping hazardous materials must complete hazmat training at least once every three years, per 49 CFR 172.704. As part of this prohibition order, the lithium battery manufacturer may not allow any untrained employee to perform any function covered by the Hazardous Materials Regulations (i.e., classifying, naming, packaging, marking, labeling, loading, unloading, or documenting lithium batteries shipments).

Hazmat Training for Lithium Battery Ground, Air, and Vessel Shippers

If you ship lithium batteries, staying up to date on the latest rules is crucial to avoid incidents in transit, injury to employees and transportation workers, rejected shipments, and DOT fines now as high as $77,114 per day, per violation. The Shipping Lithium Batteries Online Course is designed to satisfy US DOT training mandates for hazmat shipping personnel at 49 CFR 172.704 and IATA 1.5 and help employees follow the specific, unique requirements for lithium battery shipments by ground, air, or vessel.

Want live, instructor-led training? The next Shipping Lithium Batteries Webinar will cover the latest updates to US and international regulations from the shippers’ perspective and will be presented on November 8, 2016. Sign up now!

Tags: lithium batteries

Find a Post

Search for:

Compliance Topics

Compliance Archives

Best instructor ever! I was going to take my DOT training w/a different provider, but based on this presentation, I will also be doing my DOT training w/Lion!

Donna Moot

Hazardous Waste Professional

Lion's information is very thorough and accurate. Presenter was very good.

Melissa Little

Regulatory Manager

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

I was able to present my scenario to the instructor and worked thru the regulations together. In the past, I attended another training firm's classes. Now, I have no intention of leaving Lion!

Diana Joyner

Senior Environmental Engineer

Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.

Marty Brownfield

Hazardous Waste Professional

Download Our Latest Whitepaper

In-flight hazmat incidents can be disastrous. This guide gives 5 tips for first-time air shippers to consider before offering dangerous goods for transportation on passenger or cargo aircraft.

Download

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.