I Received Noncompliant Hazmat. What Now?

If you deal with the reverse logistics supply chain as a hazmat shipper, chances are at some point you will receive a shipment that does not meet US DOT’s standards for hazmat packages. Customers are unlikely to have the training needed to identify their hazmat shipping responsibilities before returning a product by mail.

To prevent an incident or compliance violation at your facility, it is important that you are prepared to deal with a noncompliant hazmat package before you receive one.

You need to know what is wrong with the package, when you first discover something is wrong, and what you plan to do with that noncompliant hazmat package.

For Noncompliant Packages You Notice Immediately

Undeclared Hazmat

Sometimes, hazmat enters the supply chain without its shipper declaring it as such. If the hazmat is undeclared, the sender may not be aware of the dangers this package poses. Therefore, it is likely the shipment was packaged incorrectly and may have been mishandled. If these oversights lead to an incident in the transportation cycle, emergency personnel will not have the information needed to properly respond to the situation.

If you discover an undeclared shipment of hazmat, you must notify the DOT on a Hazardous Materials Incident Report (Form 5800.1). You should also discuss the matter with your supplier and the transporter. It may have been a simple mistake, but it is important to take action to prevent it from happening again.

Incorrectly Declared Hazmat

From time to time, shippers offer hazmat for transportation with noncompliant packaging or incorrect labels/marks. Shipping incorrectly declared or improperly labeled hazmat leads to a lack of necessary information for first responders in the event of an incident and is just as much a violation of US DOT’s Hazardous Materials Regulations (HMR) as an undeclared shipment. [49 CFR 171.2]

Damaged/Leaking Package

Hazmat packages can get damaged during transport. If a transporter attempts to deliver a damaged or leaking package of hazmat, or even one that was placed in salvage packaging, you have several options:

1. Refuse to accept the shipment,
2. Accept the shipment, just like accepting a regular package, and do what you normally do with your hazmat, or
3. Accept the shipment, then re-pack it and ship it out with your hazardous wastes.

For Noncompliant Packages You Notice Later

Now you know what to do if you discover noncompliant hazmat upon delivery. What about if you only find out about it later?

You cannot refuse to accept the shipment because it is already in your possession. You can either find a use for it or get rid of it. If you get rid of it, either as a waste, return-to-sender, or resale, it is important to remember that you are now offering a new shipment of hazmat.

It is now your responsibility to correct any mistakes made classifying, packaging, or labeling the shipment before you re-ship the package.

Keep in mind that if you decide to dispose of the hazmat, you must treat it as a waste and must follow all the applicable RCRA Subtitle C laws and regulations for hazardous waste management.

Re-shipping Problem Hazmat

Re-shipping a package of hazmat that was damaged, incorrectly declared, or undeclared when you received it can be problematic. First, if the package was undeclared or misidentified, you may not know what material or hazard you are dealing with. This makes packaging and labeling for re-shipment difficult.

If it is an unknown material, and you are not managing it as waste, then you will have to take steps to figure out what the material is. The easiest thing to do is contact the original consignor for a Safety Data Sheet or any other information they can provide. You can also send out a small sample and have it analyzed. If you do decide to manage it as a waste, there is a little flexibility. See 49 CFR 172.101(c)(11) and 173.11.

If you do know what it is, but it is not in the right kind of sturdy packaging, then it is your responsibility to determine authorized packaging, correct markings and labels, and prepare new shipping papers and emergency response information before re-sending the package.

Identify your hazmat shipping responsibilities under the latest DOT regulations and be prepared for any shipping situation! At Lion’s Hazmat Ground Shipper Certification (DOT) Workshops, presented nationwide, you will gain the knowledge and skills needed to classify, package, mark, label, and document hazardous materials shipments.

Tags: DOT, hazardous materials, HMR, PHMSA