PHMSA Amendment HM-259

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule on October 18th. As you know, the only way to amend or change Title 49 for Transportation in the Code of Federal Regulations is through a rule making process. This particular docket number is HM–259. Its goal is to “align the U.S. Hazardous Materials Regulations with current international standards for the air transportation of hazardous materials”. It has an effective date of October 18, 2018. While the published rule is 23 pages long, I have attempted to hit the highlights here.  If you wish to read the entire final rule with the discussion on comments received, you can go to https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-22114.

Highlights of HM-259

  • 172.101 – Removal of A3 and A6 from Column 7 for multiple entries in the HMT. Provision A3 will be removed from all Packing Group I entries. Provision A6 will be removed from all liquid entries to which it is assigned.
  • 172.102 – A3 revised and now reads as follows: “For combination packagings, if glass inner packagings (including ampoules) are used, they must be packed with absorbent material in tightly closed rigid and leakproof receptacles before packing in outer packagings.” There is no longer a mention of using “tightly closed metal receptacles”.
  • 175.10(a)(18)(i) – Revised portable electronic devices by passengers and crew. This section has been expanded to include portable medical electronic devices with lithium metal Continue Reading…
WHMIS 2015
Final Employer Countdown – WHMIS 2015 Compliance
Clock and calendar countdown

TIME TO CONSUME OR RE-LABEL EXISTING WHMIS 1988 CONTROLLED PRODUCT INVENTORY

The final stage in the transition from WHMIS 1988 to WHMIS 2015 is drawing to a close. Consequently, employers in Canada have an obligation to ensure that any “leftover” stock at the workplace is identified under the WHMIS 2015 GHS-based classification and hazard communication protocols.

Note that, while the majority of Canadian jurisdictions require all provisions of WHMIS 2015 to be in place as of December 1, 2018, there are currently two exceptions.

Employers under the Federal jurisdiction have the ability, under the Canada Labour Code, to continue to use stock in the workplace with WHMIS 1988 labels/MSDS until May 31, 2019 (Canadian Occupational Health and Safety Regulation – SOR/2016-141, s. 77(b)).

Also, as of November 9, 2018, Nova Scotia has yet to publish an update to the 1989 WHMIS regulation.

ONTARIO CLARIFIES O.REG. 860- WHMIS 2015 REQUIREMENTS FOR EXISTING WHMIS 1988 STOCK

In an amendment published on e-laws November 2 (to appear in the November 17, 2018 Edition of The Ontario Gazette )- effective December 1 employers must re-label any existing inventory of hazardous product received under WHMIS 1988 regulations.

This amendment affects O.Reg.860 sections 8, 10, and 18. Also a new s. 13 has been added; and the obsolete (transition) s. 25.1 is revoked at Dec.1. Terminology for labels has been modified in recognition that SDS or labels normally provided Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 29

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

VOC/SDS

Q. We have a customer that is asking why the VOC content is “N/Av” on their SDS. It is required under OSHA or WHMIS?
A. According to US federal OSHA Hazcom 2012, and Canadian WHMIS 2015 rules, VOC information is not actually a mandatory item to appear in any section of a 16 Section SDS. It is commonly requested as a sub-item in Section 9, which is why ICC automatically includes the subheading. ICC does not calculate VOC levels, so the data would have to be provided by you. VOC information is common info to have for coatings, and has become important for coatings manufacturers due to Environmental regulations.

Lithium Battery Mark

Q. Customer called and asked if they ship UN3480 lithium batteries ground within the US, can they use the lithium battery mark instead of the class 9 lithium battery label, or do both have to be on the package. He also wanted to know what packing group lithium battery packaging had to be?
A. When shipping ground within the US, you are required to use a lithium battery mark OR a Class 9 lithium battery label. So just the lithium battery mark is fine in Continue Reading…
Securepacc Paint Cans packaging
Solving the Damaged Paint Can Riddle
Simulation of damaged paint cans during transport

As we all know, when shipping dangerous goods the shipper has the following responsibilities

  • Proper packaging.
  • Proper markings on the packaging.
  • Proper description on the shipping papers.

All 3 require training in hazardous materials.  However, what if the proper packaging isn’t available? After all, it is also our responsibility to prevent loss and damage during normal transportation and handling according to FedEx. In the last several years here at ICC, the need for paint can shippers that don’t leak and dent has gone through the roof. I have been contacted by several different large paint distributors all looking to solve the same riddle; how do I get my paint cans from point A to point B without damage and leaking? Challenge accepted! The first step is to decide what metric to use to determine if the packaging will damage or leak during normal transit.  Well a while back I wrote a blog on ISTA 6-FEDEX-A testing, http://blog.thecompliancecenter.com/ista-series-6-6-fedex-a-testing-vs-standard-un-testing/, which helps determine how well a package will perform out in the field. So I figured that would be a good starting point. Basically, our goal was to create paint can shippers that not only would survive the 10 drops from 30 inches up that the FedEx testing requires, but also have minimal to no damage on the paint cans at all.

Quart/Liter Shippers

Securepacc™ quart/liter shipper

During the testing Continue Reading…

Single Packaging
UN Packaging Need Forecasted to Grow!!!

Although the various regulations continue to change year by year, the need for UN packaging continues to be a necessity for dangerous goods shippers. In fact, a recent report predicts the need for UN packaging will continue to grow over the next decade. The growth of the UN packaging market is expected to be mainly driven by the need for safe and secure packaging for dangerous goods that need special handling. The report is based on a compilation of first-hand information, assessments by industry analysts, and input from industry experts and participants across the value chain. A request for a sample copy of the report can be made here.

Why is Growth Expected?

Customization of UN packaging for specific designs is expected to lead to new market avenues of growth for the global hazmat packaging market. For example, a wide variety of sizes of lithium batteries and other solid articles are out there on the market, and oftentimes stock items aren’t available that meet the specific dimensions that are needed. With reliance on items containing lithium batteries expecting to increase, so will the need to package them.

In addition, since non-compliance within the various regulations of hazardous materials can be costly due to fines and rejections, shippers and end users simply prefer UN packaging in order to comply with the regulations and maintain an element of safety within Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 22

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

Lithium Battery Contained in Equipment

Q. We need to ship a lithium ion battery installed in a scooter. The battery is 36 volts and 14.5 ampere-hours which makes it 522 watt-hours. We are in California and need to get it to Seattle, Washington. We believe the box needs a class 9 label but aren’t sure about the other requirements.
A. Since it is an ion battery installed in equipment with a watt-hour rating of 522 that makes this a fully regulated shipment. Transport will likely be by ground which would fall under US 49 CFR. This makes it UN3481 Lithium ion batteries contained in equipment Class 9 with no packing group. Hopefully the battery doesn’t weigh more than 26 pounds. If it does, then we will need to have a slightly different conversation. So, following 173.185 of the 49 CFR you don’t need UN Specification packaging. As for the outside you will need the UN number, proper shipping name, and the Class 9 hazard class label (preferably the one dedicated to batteries). You will need a shipping paper completed for this as outlined in 172.200. No placards would be needed unless you ship 8820 pounds Continue Reading…
ICC Top 10 List
OSHA’s Top Ten Most-Cited Standards for 2018

It is the end of October. This is the signal for many exciting things. First, autumn is well under way; no more temperatures in the high 90’s. Second, pumpkin spice everything is available. My personal favorite though is plain old pumpkin pie. Finally, OSHA publishes their list of top ten most-cited standards for the previous fiscal year. This is always announced at the National Safety Council’s Congress and Expo. The timing fits with OSHA’s fiscal year that runs from October 1 through September 30. So, without further delay….

Most-Cited OSHA Standards for Fiscal Year 2018

  1. Fall Protection – General Requirements: Standard 1926.501 with 7,720 violations
  2. Hazard Communications: Standard 1910.1200 with 4,552 violations
  3. Scaffolds/Scaffolding: Standard 1926.451 with 3,336 violations
  4. Respiratory Protection: Standard 1910.134 with 3,118 violations
  5. Lockout/Tagout: Standard 1910.147 with 2,944 violations
  6. Ladders: Standard 1926.1053 with 2,812 violations
  7. Powered Industrial Trucks: Standard 1910.178 with 2,294 violations
  8. Fall Protection: Training requirements: Standard 1926.503 with 1,982 violations
  9. Machine Guarding: Standard 1910.212 with 1,972 violations
  10. Personal Protective Equipment and Lifesaving Equipment – Eye and Face Protection: Standard 1926.102 with 1,536 violations

Here are some things I notice about this year’s list.  First of all, the top five are the exact same ones and in the exact same order as last year, and all the way back to fiscal year 2014. The next four on the list are the same as well. The only difference is the order of them going back through Continue Reading…

Airplane Icon
FedEx DROPS “V-PACK” REQUIREMENT

IATA DGR 2019 and FX-02

IATA SIGNIFICANT CHANGES

In keeping with the standard practice of alerting users to modifications in the new edition of the Dangerous Goods Regulations (DGR) for air transport, the list of Significant Changes and Amendments to the 60th Edition (2019) were released several months ago, and are incorporated into the recently published copies of the DGR.

An overview of these changes was the subject of blogs issued by ICC on August 28th and September 26th of this year.

Typically changes in the State and Operator Variations, in s. 2.8, are not outlined in specific detail in the Significant Changes document, but are referenced as a general reminder. This contrasts with amendments issued between publications which illustrate the actual details of changes.

Which leads us to FX-02…

FX-02 DROPS “V” RATED PACKAGING

A rather significant operator variation in s. 2.8.4 of the IATA DGR was the common application of FX-02 (f) to liquids in specified classes. This limitation, which existed as FX-17 prior to the 57th Ed., required shippers to use the heavy duty UN-standard “V-Pack” (“variation” commonly noted by UN code 4GV) package even though it wasn’t mandated by the Packing Instruction (PI) or other provisions of the DGR.

The limitation was invoked when FedEx customers were choosing to ship under the “International Economy” or “International Freight Economy” designations. Not only was it required in place of PI-required UN standardized Continue Reading…

Single Packaging
Change Notice: BX-72 AND BX-12QT20PT

Dear Valued Customer,

In an effort to continuously improve the quality and performance of our UN packaging, we occasionally must make changes to the specifications and usage instructions. This notice is to inform you that the following changes have been made to the BX-72 (PK-RLGALC) and BX-12QT20PT (PK-MT12QT20PT).

  1. The clear tape required for closure of the BX-72 has changed from 3M #305 48 mm wide clear tape to 3M #375 48 mm wide clear tape. This change to a stronger tape caused the box to perform better in drop tests, resulting in a more secure packaging.
  2. The maximum gross weight allowance for The BX-12QT20PT has been increased from 22.0 kg to 23.7 kg. The specification marking that is printed on the boxes has been updated to reflect this change.
Click here to view our packing instructions and certificate downloads.

If you have any questions or concerns, please contact our customer relations center in the US at 888-442-9628 or in Canada at 888-977-4834.

Thank you,

Michael S. Zendano

Packaging Specialist

ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 15

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

Hazardous Waste and DOT

Q. Do I have to have hazardous materials training if I ship out hazardous waste?
A.Yes. If a person is shipping an EPA-regulated hazardous waste and that waste is required to be shipped on a manifest, then that material is subject to the DOT Hazardous Materials Regulations. In fact, there is a specifically worded certification statement on the manifest that certifies that the shipment complies with all applicable DOT requirements.

Wording on the Battery

Q. Do the words “Lithium Battery” have to be on the actual battery?
A. No, there is no requirement in the regulations to have those words on there. However, almost all of the transport regulations have added the requirement to include the watt-hour or gram content on the outer cases of said batteries.

HMIS

Q. I have some questions about HMIS ratings. Do you know where I can find more information on that? I’m having a hard time determining what PPE is needed at my facility.
A. We offer HMIS ratings as a service at ICC. As to the PPE component, the better course of action is to use the SDS and any risk assessment data at the facility to make those determination. Continue Reading…