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

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun.

Teresa Arellanes

EHS Manager

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

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

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

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

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

Energetic/enthusiastic! Made training enjoyable, understandable and fun!

Amanda Walsh

Hazardous Waste Professional

Download Our Latest Whitepaper

Spot and correct 4 of the most common universal waste errors before they result in a notice of violation during a Federal or state inspection.

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.