Regulatory Helpdesk: October 9, 2017

Top 4 Questions From the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

#4. Why is My Product X when it should be Y? (USA)

Q. Why is my product listed as a Flammable Liquid Category 4, when the product is combustible?

A. Under OSHA Hazcom 2012, a product that has a flashpoint >140°F and <199.4°F is considered a Flammable Liquid Category 4.

This is illustrated in the table below:

Table B.6.1: Criteria for flammable liquids

Table B.6.1: Criteria for flammable liquids
Category Criteria
1 Flash point < 23°C (73.4°F) and initial boiling point ≤ 35°C (95°F)
2 Flash point < 23°C (73.4°F) and initial boiling point > 35°C (95°F)
3 Flash point ≥ 23°C (73.4°F) and ≤ 60°C (140°F)
4 Flash point > 60°C (140°F) and ≤ 93°C (199.4°F)

Once you have the classification, then you can apply the label phrases. The Flammable Liquid Category 4 hazard statement is Combustible Liquid. This is outlined in the table below.

C.4.19 Flammable Liquids (Continued)
(Classified in Accordance with Appendix B.6)
Hazard Category Signal Word Hazard Statement
4 Warning Combustible Liquid

 


#3. Does my Class 6 placard need to show Class 6.1? (International)

Q. I have a customer who is saying that Continue Reading…

Regulatory Helpdesk: October 2, 2017

Top 4 Questions From the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

#4. Shipping Sodium (UN1428) by Air (USA)

Q. The Customer asked if Sodium (UN1428) can be shipped by air using a plastic bag as an inner container inside of a 4GV box.

A. Per the 49 CFR 172.102 Special Provision A20, Plastic Bags are not allowed to be used as inner receptacles in combination packaging by aircraft.


#3. When to Use Bilingual Packaging (Canada)

Q. Does every word on [my] packaging need to be in French and English to sell in retail stores in Canada?

A. Canada has the federal Consumer Packaging and Labelling Act and the Consumer Packaging and Labelling Regulations. That Act and Regulation requires 2 mandatory items to be bilingual. Those items are the product identity, and the net quantity. The dealers name and place of business can be in either English or French according to those laws.

However, the guide specifically states: Subsection 6(2) of the Consumer Packaging and Labelling Regulations requires that “all” mandatory label information be shown in English and French Continue Reading…

Regulatory Helpdesk: September 30, 2017

Answers from the Helpdesk

ICC supports our valued customers with access to our complimentary Regulatory Helpdesk. To further assist clients, we will be sharing some of the highlights of those calls each week. If you have a question, contact one of our regulatory specialists today.

#2. Certifier’s Signature (Canada)

Q: Can the 49 CFR certification statement be used on Canadian TDG shipping documents for shipments between two points in Canada, having only a signature for the certifier’s name?

A: TDGR 3.6.1(1)(a) does not restrict the use of the 49 CFR statement to US bound/origin shipments. TDGR 3.6.1(2), in conjunction with Transport Canada (TC) Safety Awareness Guidance Bulletin RDIMS#11829346 (August 2017), does not require that the individual’s name be a signature; but if a signature is used it must be clearly legible, identifying the individual, to be compliant.


#1. Refrigeration Regulation (USA)

Q: We need to ship a refrigeration unit (UN2857) that contains a small amount of non-flammable, non-toxic gas. How is this regulated?

A: In general, REFRIGERATING MACHINES, UN2857 are regulated as Division 2.2 dangerous goods, with no packing group. However, small units can usually be shipped as exempted dangerous goods, with no significant requirements, if they contain no more than 12 kg of non-flammable, non-toxic gas as a coolant, Continue Reading…

IATA
Significant Changes and Amendments to the 59th Edition of the IATA Dangerous Goods Regulations

Download 2018 IATA 59th Edition Significant Changes

This year marks the 59th edition of the Dangerous Goods Regulations. The 59th edition becomes effective January 1, 2018. It is published by IATA and distributed by many, including ICC Compliance Center.

Highlights of the changes and amendments include:

  • Limitations have been adopted on the number of portable electronic devices (PED) and the number of spare batteries for the PED that may be carried by passengers or crew
  • There are a number of additions, deletions and amendments to variations submitted by operators
  • The classification section has been updated to bring in all substances and articles that are assigned to Class 9 with their respective UN numbers and proper shipping names
  • The “not restricted” conditions have been revised to require that the shipper provide written or electronic documentation stating that a flushing and purging procedure for flammable liquid powered engines has been followed.
  • The special provision that identifies that vehicles powered by an engine powered by both a flammable liquid and flammable gas must be assigned to the entry Vehicle, flammable gas powered.
  • New and amended packaging provisions for lithium batteries
  • New and amended packing instructions
  • Updated minimum size of UN numbers on the lithium battery mark
  • Continue Reading…

WHMIS Logo
WHMIS 2015 – June 2017 Deadline Extended

Warehouse with chemicals

Extra, Extra Read All About It!

Health Canada has announced that the deadline for manufacturers and importers to comply with the HPR (a.k.a. WHMIS 2015) has been EXTENDED.

The deadline of June 1, 2017 has been delayed by one (1) year to June 1, 2018. The second deadline of June 1, 2018 has been delayed by three (3) months to September 1, 2018.

The orders and a regulatory impact analysis statement (RIAS) will be published in Canada Gazette Part II shortly. We will provide details as they become available. Stay tuned.

Finally, thank you to everyone that worked with Health Canada to make this extension a reality.

Check out our resources for complying with the WHMIS 2015 regulations »

Labeling
New Hazard Class Label Requirements

Red semi truck on highway

Updated Hazard Class Label Requirements

Stemming from the UN Sub-Committee of experts on the Transportation of Dangerous Goods 40th session, December 2011, and adopted by IMDG, IATA, and PHMSA (US DOT) in 2015. This change to all Hazard Class labels, became mandatory January 1, 2017 for air and ocean shipments. HM-215N issued on March 30, 2017 amended section 172.407 to allow an additional transition period to December 31, 2018 for ground shipments in the USA.

What’s Changed?

This inner line must be 2mm width and also remain at 5mm inside the outer edge even if a reduced size label is allowed.
Note, this is not mandatory for TDG (Canada ground, but will likely become mandatory in future), but customers who ship by ground and air, or ground, air, and ocean will want the consistency now.

Class 3 Label With thick border
New Border

Class 3 Label With thin border
Old Border

The width of the inner border was never previously defined. This change allows for consistency and the wider thickness to make the label more visible.

ICC The Compliance Center is your source for Hazard Class Labels. Our regulatory staff at ICC Compliance Center will be happy to help. Just contact us at 1.888.442-.628 (USA) or 1.888.977.4834 (Canada).

PHMSA Update
Finally . . . HM-215N

Final Rule HM-215N

At long last, HM-215N is officially in place. The Department of Transportation was published in the Federal Register on Thursday, March 30, 2017. This much-anticipated final rule harmonizes the 49 CFR regulations with the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations), International Maritime Dangerous Goods Code (IMDG Code), and the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions).

Some of the Notable Changes from HM-215N Include:

New entries in the hazardous materials table (HMT) including:

  • UN3527 Polyester Resin Kit, solid base material
  • UN3528 Engine, internal combustion, flammable liquid powdered or Machinery, internal combustion, flammable liquid powered
  • UN 3529 Engine, internal combustion, flammable gas powered or Engine, fuel cell, flammable gas powered or Machinery, internal combustion, flammable gas powered or Machinery, fuel cell, flammable gas powered
  • UN 3530 Engine, internal combustion or Machinery, internal combustion

Amended Proper Shipping names

UN 3151, Polyhalogenated biphenyls, liquid or Polyhalogenated terphenyls, liquid and

UN 3152, Polyhalogenated biphenyls, solid or Polyhalogenated terphenyls, solid by adding “Halogenated monomethyldiphenylmethanes, liquid” and “Halogenated monomethyldiphenylmethanes, solid”

New Special provisions including:

New special provision 422 is assigned to the HMT entries “UN 3480, Lithium ion batteries including lithium ion polymer batteries“; “UN 3481, Continue Reading…

Anatomy of an ERG

Emergency Response Guidebook

Emergency Response Guidebook (ERG)

The North American Emergency Response Guidebook (ERG) is a tool developed by the US Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA), Transport Canada, and the Secretaria de Comunicaiones Y Transportes (SCT).

Every 4 years, millions of copies are distributed, free of charge to firefighters and other emergency personnel. The purpose is to provide guidance to first responders during the initial phase of a transport incident involving dangerous goods.

There are Six Sections in the ERG

The white pages are informational. They contain the guidance and explanation on the following:

  • A flow chart provides information on how to use the Guide.
  • Basic safety information for use when responding
  • Hazard classification system
  • Rail car identification
  • Introduction to GHS pictograms
  • International Identification numbers
  • Hazard Identification numbers
  • Pipeline transportation, including pipeline markers

The Yellow Pages are chemicals listed by UN number. The responder would find the chemical by UN number, then follow orange and green pages accordingly. This section is also a handy tool to look up chemical names when you only have the UN number, without having to pull out a 49 CFR!

The Blue Pages are chemicals listed by chemical name. The responder would find the chemical by name, then go to Continue Reading…

Placarding
Is a Placard Required?

Placards on a truck

Answers from the Helpdesk

Placarding is one of the more complicated areas of the hazardous materials regulations. There are so many variables and exceptions, no wonder it becomes confusing.

Let’s practice using a real helpdesk question.

What placards are required for each shipment (49 CFR or TDG)? Write down your answer before scrolling down to read the answer.

SHIPMENT 1: 

9000 LBS (4082 KG) CORROSIVE UN1719, (ALL NON-BULK PACKAGING)

 SHIPMENT 2: 

(ALL NON-BULK PACKAGING)

9000 LBS (4082 KG) CORROSIVE UN1719
1500 LBS (680 KG) CORROSIVE UN1791

1500 LBS (680 KG) CORROSIVE UN3264
1500 LBS (680 KG) CORROSIVE UN3265

 SHIPMENT 3: 

(ALL NON-BULK PACKAGING)

200 LBS (91 KG) CORROSIVE UN1719
200 LBS (91 KG) CORROSIVE UN1791,

200 LBS (91 KG) CORROSIVE UN3264
200 (91 KG) LBS CORROSIVE, UN3265

Click here to see the 49 CFR answers »
Click here to see the TDGR answers »

49 CFR Regulations

The placarding requirements are found in Part 172.500 of the Hazardous Materials Regulations. The general rule is going to be:

If in bulk, you always need a placard.

If non-bulk, then it depends on if the hazard class is in Table 1 or 2, and the amount that is being shipped.

Also, in most cases, 4 placards are required, one on each side and one on each end.

When shipping in bulk, a UN number is required on the Continue Reading…

Fire Safety
Spring Ahead – Fire Safety

Smoke Detector

Springtime Fire Safety

It is that time of year again, where we all lose an hour in our day. The good news is that we also gain an hour of daylight, and it means that warmer weather is just around the corner.

Many organizations including the National Fire Protection Association (NFPA) suggest taking the time to also check smoke alarms. The NFPA states:

Roughly two-thirds of home fire deaths occur in homes with no smoke alarms or working smoke alarms. When smoke alarms should have worked but failed to operate, it is usually because batteries were missing, disconnected, or dead. NFPA provides the following guidelines around smoke alarms:

  • Test smoke alarms at least once a month using the test button.
  • Make sure everyone in the home understands the sound of the smoke alarm and knows how to respond.
  • Replace all smoke alarms when they are 10 years old.
  • Replace the smoke alarm immediately if it doesn’t respond properly when tested.
  • Smoke alarms with nonreplaceable (long-life) batteries are designed to remain effective for up to 10 years. If the alarm chirps, a warning that the battery is low, replace the entire smoke alarm right away.
  • For smoke alarms with any other type of battery, replace Continue Reading…