ICC's Regulatory Helpdesk
Regulatory Helpdesk: July 30

IBC Residue, Choosing Placards, IATA Special Provisions, and Hazard Class Label Size

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. Please note that over the summer we will be going to a bi-weekly posting of Regulatory Helpdesk.

Residue in IBCs (TDG)

Q. Under TDG, do Intermediate Bulk Containers (IBCs) such as tote tanks that contain residues still have to be transported as dangerous goods? Should the placards remain or be removed?
A. Under TDG, packagings or containers that still contain enough residue to pose a hazard during transportation should still be treated as dangerous goods. Unfortunately, the regulations do not give a specific way of judging this, so they should be considered hazardous unless you are absolutely sure they are not. (There is some misinformation that you may come across about how to make this decision. TDG does not specify “triple-rinsing” as a standard for cleaning or declare that an inch or less of residue can be considered non-dangerous. These references may come from other regulations or industry guidelines, but do not apply to TDG.)

So, if your IBC contains a dangerous residue, it should be clearly identified as such for transportation. If it was originally placarded or labelled correctly, just leave those Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: July 9

Segregation Group, Passenger Vehicles, Classification Leachate, Verify DG Certificate, and Class 6.1 Subsidiary

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. Please note that over the summer we will be going to a bi-weekly posting of Regulatory Helpdesk.

Segregation Group (IMDG)

Q. My carrier is asking for a segregation group number for my dangerous goods, but there is no entry in the IMDG Code (Column 16b). What should I provide?
A. Despite there not being an assigned code, you should review IMDG Code 7.2.5 that section says that a review of your product SDS (or similar document) may be indicated. Communication of product-specific considerations may be appreciated by the carrier even if they don’t trigger IMDG Code Chapter 7.1 or 7.2 specific segregation requirements.

Passenger Vehicles

Q. Does the fact that our salespeople use passenger vehicles to deliver samples to potential customers prohibit them from transporting things that are “forbidden” for transport in passenger-carrying vehicles?
A. No. If the requirements under the definition of “passenger” (e.g. doesn’t apply to an employee on duty), and any special case/provision restrictions, are met then the prohibition is not being violated. When checking term definitions in TDG, always verify any words in bold type. This means they also have definitions which Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: June 25

Carrier Variations, WHMIS vs. OSHA, Placarding, Lithium Batteries and More Lithium Batteries

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. Please note that over the summer we will be going to a bi-weekly posting of Regulatory Helpdesk.

Carrier Variations

Q. Can you help me understand what I did wrong or how to respond to them?

DHL is the carrier for my product. It is UN3077 and it is packaged 25 kg per fiberboard box. They sent me the following comments regarding my shipment.

They told me the country of USA must be a part of my address on the shipper’s declaration. They also said I had to use PI 956 even though it is marked and labeled as a limited quantity shipment. Finally, they told me I had to include the place and title on the shipper’s declaration.

A. First of all, carriers can ask for things beyond what is in the regulations. Sadly, you must comply with their requests if you want your shipment to proceed. Having said that there are a few things about your points that I can provide some regulatory framework for should you choose to push the issue with them. As to the country of USA being required, the IATA regulations never Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: June 11

Segregating Flammable Gas and Explosives, WHMIS/OSHA Labeling, Lithium Batteries, Orientation Marks, and Net vs Gross

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.

WHMIS/OSHA labeling

Q. Is a WHMIS 2015 compliant label going to be compliant within OSHA HazCom2012?
A. Maybe. While both the Canadian and US version of the GHS are very similar there are some differences in phrases used in regards to precautionary phrases. Also, WHMIS 2015 has the additional possibility of classifying something as a biohazard that is not found in the US standard. The best course of action would be for ICC to review your label for compliance within the 2 regulations.

Segregating Flammable Gas and Explosives (TDG)

Q. Is it okay to ship a class 2.1 dangerous good with a class 1.4 explosive in the same box shipping ground in Canada?
A. While the TDG and TP14850 do not have a segregation table, TP14850 12.89 states that Dangerous goods must not be offered for transport together with other dangerous goods or non-dangerous goods in the same container or overpack if the combining of those goods could:

  1. result in an evolution of heat or gas, or produce a corrosive effect or the formation of unstable substances that could endanger the integrity of the package or overpack; or
  2. cause a Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: June 4

Variation packaging cushioning material, excepted quantity packaging, UN packaging testing, distributor deadlines for WHMIS 2015, Mexico GHS, and compatibility

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.

Variation Packaging (4GV) Cushioning Material

Q. Can I substitute a different cushioning material in a variation box?
A. In general: “No.” When a UN-standardized package is specified. The various regulations (49 CFR, IATA DGR, IMDG Code, and TDGR), or the standards referenced within them, restrict the user to assembling the package according to the manufacturer’s instructions. These instructions are based on the components used in the submitted test/design reports on which the approval is based. 49 CFR §178.601(g)(4)(iv) even goes to the point of specifically requiring the same type of cushioning as was used in the submission.

Excepted Quantity Packaging

Q. Is it always necessary for the shipper to have performance test results on packaging used to ship “excepted quantities”?
A. This depends on the mode or jurisdiction of transport. 49 CFR [§173.4a(f)], IATA DGR (§2.6.6) and IMDG Code (§3.5.3) all require that the shipper ensure that testing has been done and documented. This doesn’t need to be externally certified or approved. TDGR [§1.17.1(3)] does not require specific testing, only that packaging is “… designed, constructed, filled, Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: May 21

Limited quantities, manufacture expiry dates, regulated or not regulated, and reclassifying flammables to combustibles.

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.

Limited Quantity Limits (TDG)

Q. Customer called and asked if he can ship a box with 16 liters of UN1219 in inner containers as a limited quantity through ground in Canada.
A. The max according to the TDG is 1 L for limited quantity, so they can’t ship limited quantity.

Manufacture Expiry Dates

Q. Can you tell me if both the manufacturer and expiration dates are required to be on each label? Or if we have the option of just stating the manufacture date and verbiage that states the product is good for two years after the manufacture date? Also, would you happen to know which regulatory agency monitors these types of things?
A. The expiration date or manufactured date are not requirements of a GHS label. OSHA and The Globally Harmonized System of Classification and Labelling of Chemicals considers this supplementary Information, which is permissible as long as it doesn’t contradict any other information on the label, but they are not required components of the label.

Combustible materials (49 CFR)

Q. We have some drums of a material classified as NA1993 Combustible Liquid and only ever Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: May 14

Classification, Personal Electronic Devices, Consumer Commodities, and Preparing Hazardous Materials for Transport

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.

Classification Question

Q. I’m trying to verify how to ship a drum that has a flashpoint of 170° F and is a marine pollutant to Japan. My company has to get it to the port and then it will go on a boat. The SDS says it is a combustible liquid NA1993 but Japan doesn’t have that designation.

Do I ship this product as UN1993?

A. No. The flashpoint of 170° F puts you well beyond the limits of any packing group for a Class 3 flammable liquid, n.o.s. under UN1993. The flashpoint does qualify as a combustible liquid but it would only be regulated in a bulk packaging.

Your drum is not bulk. Technically the “flammability” aspect of this is now a moot point. Since you know the material is a marine pollutant, shipping it as UN3082 would be the best bet.

Personal Electronic Devices

Q. I have an employee flying from the US to Greece with a satellite phone so he can have access to the office and home while he is on vacation. Does he need to do anything different or follow any regulations?
A. No. Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: May 7

IATA declaration, limited quantity labels, training requirements, and placarding

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.

Listing Overpack on a Declaration (IATA)

Q. Caller needed to clarify what should be listed on an IATA declaration for an overpack.  I have 2 overpacks of the exact same thing. The overpack is 2 drums inside an outer overpack box. Each drum holds 18.9 L. I have it listed as “Overpack Used x 2”. For the alphanumeric identifier for each it is “Box 1” and “Box 2”. How do I list the “total quantity per overpack”?
A. Take a look at Figure 8.1.L. It shows multiple identical overpacks. The example shows 200 boxes each with a weight of 0.2 kg in each overpack. It then lists the total quantity per overpack as 40 kg, which is the result of the 200 boxes multiplied by the 0.2 kg.

For her question then it would be 2 drums multiplied by the volume of 18.9 L. The total quantity per overpack is then 37.8 L.

Limited Quantity Labels

Q. Caller was on our website and had a question about LQ marks/labels. He has a distributor in Canada that will be shipping fire extinguishers to a location in the US from Canada. They use the LQ label in Canada Continue Reading…
Countdown to WHMIS Deadline: Safety Data Sheets

WHMIS Update Man reaching across table with SDS

WHMIS 2015 SDS Requirements

Next in our WHMIS 2015 series we’ll discuss the Safety Data Sheet (SDS), formerly known as the Material Safety Data sheet or MSDS.

There were significant changes to the Safety Data Sheet (SDS) when WHMIS 2015 was adopted including the WHMIS 2015 classification and label elements in section 2. In addition, the SDS must be provided in English and French.

The required elements on a WHMIS 2015 SDS are outlined on Government Canada’s Website

Note that when preparing the SDS, each section, heading and specific information element is mandatory, even if you do not have the information to go into that section. When that is the case, “not available” or “not applicable” can be used in place of the data.

The SDS must be available and accurate at the time of sale. The good news, is under the federal rule, the SDS no longer expires. However, provincial rules may require that the SDS is updated every 3 years; this is true for British Columbia and the Yukon territory.

However, there is a requirement to update the SDS when new significant information becomes available. The question becomes, how do you know if new information is available, if you don’t review your SDS on a regular basis.

A few other points of interest regarding the SDS include:

  • The SDS must have the identity of the Canadian supplier. The exception to this Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: April 23

Using absorbents with variation packaging, UN marking height, limited quantity, and de minimis quantities

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.

Absorbent Materials in Variation Packaging

Q. Can I use absorbent padding instead of the vermiculite as the absorbent in a 4GV package that was tested with vermiculite?
A. Per the 49 CFR §178.601, the packaging must meet the standard to which it is certified and the material must be of the same type or design as used in the tested design type, in this case vermiculite. Therefore vermiculite would have to be used to comply with the regulations.

UN Number Height

Q. Is there a minimum size requirement for the UN number on a lithium battery mark?
A. The only place that a specific size requirement is referenced regarding the UN number on a lithium battery mark is in the IATA DGR – §7.1.5.5.2(b)- which states that the UN number “should be” at least 12 mm high.

None of the other common (49 CFR §173.185(c)(3)(i); IMDG §5.2.1.10; TDG §4.24; or UN Model §5.2.1.9) regulations quote a minimum UN number size specifically for the lithium battery mark. All of the regulations referenced allow for proportional reduction, of features without specified dimensions, when the authorized Continue Reading…