PHMSA Pre-empts California Meal Breaks for Hazmat Drivers

Posted on 9/24/2018 by Roger Marks

In California, truck drivers are entitled to a 30-minute meal period after five hours of work and a second 30-minute meal break after ten hours of work.

But for truck drivers who haul hazardous materials through the state, those breaks may no longer apply. PHMSA has determined that Federal Hazardous Materials Regulations (HMR) pre-empt California’s State laws in this area.

Because these breaks, “create an unnecessary delay in the transportation of hazardous materials,” according to the Pipeline and Hazardous Materials Safety Administration (PHMSA), US DOT has the authority to pre-empt them under Title 49 of the US Code, Part 5125.

In addition, a trucking industry group pointed out to PHMSA that for hazmat drivers, going off-duty for 30 minutes conflicts with the Federal requirement of 49 CFR 397.5(a) that certain hazardous materials shipment be attended at all times.

See the official pre-emption notice in the Federal Register.

California Hazmat Training—Last Chance This Year

Join Lion in San Francisco or San Diego in October to stay up to speed on new 49 CFR, IATA DGR, and IMDG Code rules for hazardous materials shippers. Come for complete multimodal hazmat training to explore the new 2019 editions of the IATA and IMDG regs (still available for pre-sale until October 15).
Only ship by ground? Join us for the DOT Hazmat Ground Shipper Certification Workshop instead.

Title 22 Hazardous Waste Training for 2019

While we’re talking California—don’t forget that Lion’s trusted Title 22 hazardous waste training is coming soon too! Prepare for 2019 and be ready to meet your responsibilities under California’s unique, stringent hazardous waste regulations and the state Health and Safety Code.

Visit Lion.com/CA for more information on the workshops coming to Bakersfield on Oct. 1—2 and Oakland on Oct. 4—5.

Miss Lion’s September workshops in San Diego and Los Angeles? Check out these online options for new or experienced hazardous waste professionals:

California Hazardous Waste Management
California Hazardous Waste Management Refresher

Tags: California, hazardous materials, hazmat shipping, new rules, PHMSA

Find a Post

Search for:

Compliance Topics

Compliance Archives

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

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

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

Lion was very extensive. There was a lot of things that were covered that were actually pertaining to what I do and work with. Great Job. I will be coming back in three years!

Tony Petrik

Hazmat Shipping Professional

Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are.

Amanda Schwartz

Environmental Coordinator

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

The instructor made the class very enjoyable and catered to the needs of our group.

Sarah Baker

Planner

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

Download Our Latest Whitepaper

Decrease spill, release, and injury risk and increase savings with these "source reduction" strategies to prevent unused chemicals from becoming regulated as hazardous waste.

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.