OSHA HazCom 2012
OSHA Stance on Wearable Lithium Batteries

Here’s the thing. I am a TV junkie. A huge amount of my time has been dedicated to researching new shows, setting them up on my DVR, and watching said shows. One that has my attention right now is “The Rookie” starring Nathan Fillion. In the show, he is a 40-year old rookie cop in Los Angeles. It has my attention for multiple reasons aside from the obvious. The main REGULATORY one is the fact that every officer on the show wears a body camera. It got me to thinking … surely those body cameras come with rechargeable batteries. If so, what happens when in the course of the show, one of those cameras is damaged? My brain then jumped to what about workers who wear battery powered devices.

Believe it or not, OSHA recently published in their newsletter an article called, “Preventing Fire and/or Explosion Injury from Small and Wearable Lithium Battery Powered Devices”. You can find the article at https://www.osha.gov/dts/shib/shib011819.html.

In this article, they do a good job describing batteries and cells as well as how they work. There is also a lengthy section on lithium battery hazards including what can cause enough damage to create fire and explosion risks. These include such things as physical impacts, usage/storing at temperatures too high or too low and failure to follow the manufacturer’s instructions.

As to ways to prevent injuries Continue Reading…

ICC's Regulatory Helpdesk
49CFR Precedence Table

Every now and then as a trainer I get a question that appears to come out of nowhere. When those happen, classes become quite lively. These questions can happen before training starts, as it is happening or even after we are done. The human brain is a pretty amazing organ that way.

One case in particular happened after a training occurred last April. Yes, even a year later, we still provide Regulatory Support to our customer via our Customer Service line. To set the stage, this particular company took our 49CFR class. The class goes through all the steps needed to transport a hazardous substance correctly and within compliance of 49CFR. Now, we didn’t spend very much time on classifying materials in that courses simply because by this point you know what you are shipping and just need training on how to do that. Class went along without a hitch.

Fast forward now to last week and I received an email. The gist of the email is as follows:

We have a product that is both flammable and corrosive and are having trouble getting both hazard class labels to fit on the box. Can we use the Precedence Table in 173.2a to label the product as just a class 3 and omit the class 8 label?

What’s odd about this particular question is our standard transport class which this company Continue Reading…

Skull and Cross Bones
National Poison Prevention Week

The main part of my job is to train companies, workers, handlers, and the like on how to manage hazardous materials or hazardous chemicals safely. This can be done under the umbrella of the transport regulations of 49CFR, IATA, and IMDG, or under the OSHA HazCom standard. However, not everyone is going to take one of my courses. Sad, but true.

Granted all of those folks do their jobs well and use marks, labels, placards, and safety data sheets to convey information about their products to other users. But it begs the question, how is the general public made aware of the “other” dangers or poisons out there? Think about the laundry pod scare recently to make my point.

Back in 1962, the first-ever National Poison Prevention Week was announced. In 2019, the week will be from March 17-23. Supported directly by the American Association of Poison Control Centers (AAPCC), the goal is to promote safety tips and the emergency services provided by the Poison Control Centers in the US.

To emphasize just how important Poison Control Centers are, take a look at some numbers from 2016 taken directly from the AAPCC website at www.aapcc.org.

  • There were 2,700,000 cases managed by the centers.
  • Someone called the centers every 14 minutes.
  • Over $1,800,000,000 saved in medicals costs.

For this year’s event, people are encouraged to use the hashtags #NPPW19, #PreventPoison, and #PoisonHelp. Continue Reading…

Lithium
49CFR Trying to Catch Up for Lithium Batteries

Lithium Batteries, Laptop battery
Every year at this time training is busy at ICC. It happens for various reasons. The one that causes it most often is companies are due. As we know each transport regulation has a training requirement to it. Many decide to do all transport training at one time which is great.

Here’s the rub though. To me, 49CFR is always just a few steps behind all of the other transport regulations. I get the whole rulemaking process but it is frustrating to constantly have to explain or mention times when the US ground regulations don’t align with other international ones. When you add lithium batteries to the mix, it just complicates things even more.

For once, efforts are being made to catch up with all of the other regulations. On Wednesday, February 27, the Department of Transportation published HM-224I which is an Interim Final Rule (IFR) centered around transporting lithium batteries. Take note, this is a final rule with no advanced notice and was not open to comment. Comments will still be accepted and reviewed which could cause amendments later on but for now, this is what is required. DOT believes this IFR was “necessary to address an immediate safety hazard” presented when shipping lithium batteries.

So, what changes did this IFR bring in to the regulations? Let’s take a look.

HM-224I: Enhanced Safety Provisions for Lithium Batteries

ICC Compliance Center
Stranded in a Vehicle During a Winter Storm

Living in the St. Louis Metro Area planning before heading out onto the highways is a good idea. With a population upwards of 2 million, there are always lots of vehicles on the roads. Add to that the number of those passing through on their way out west, and you can imagine some of the traffic snarls happening on a daily basis. If there should be any sort of inclement weather, the number of accidents multiply on an exponential basis. Given we just passed the first official day of winter, it seems appropriate to think about what to do if you get stranded in your car during a winter storm.

After researching this a bit, it was interesting where I found the best advice. The Weather Channel, and several insurance agencies seemed to provide the most logical ones. Many ideas center around concepts that make sense for being a responsible car owner.

What to do when stranded:

  • Have a survival kit in your car. Create one for the types of situations you could find yourself. It should include extra gloves, water, a flashlight, a blanket, a cell phone charger, and an ice scraper just to name a few items. 
  • Stay inside the vehicle with your seatbelt connected. By staying in place you avoid exposure to the elements, which can put you at risk for hypothermia, frostbite, and getting lost. Your seatbelt is Continue Reading…
ICC Compliance Center
Looking Forward to 2019

At the start of each new year lots of things are said about changes to make in order for the next year to be better. Many make resolutions about losing weight or getting healthy. Others decide to be nicer to people, spend more time with family or volunteer. It doesn’t mean the previous year was bad, but things can always get better. Let’s look at this from a regulatory compliance point of view, and see if things will be better in 2019.

Changes to Regulations:

Starting January 1, 2019 there is a new version of the IATA Dangerous Goods Regulations. You must now be using the 60th edition. Luckily, IATA does a great job of giving advanced notice about what is changing late in 2018 so people can start to prepare before the new version takes effect. You can see the list of “significant” changes here. The IMDG Code was also updated for 2019. The new version is the 39-18 Amendment. You are allowed to use the 39-18 starting in January 2019, but the older 38-16 version is still viable for the rest of this year. Again, a summary of the changes for that regulation was published as well. You can find them here. The US ground regulations of 49 CFR had a few amendments throughout 2018, and there is a large one looming for 2019. To stay up-to-date Continue Reading…

Notice of PROPOSED Rulemaking: 49 CFR Docket HM-215O

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is at it again. Published on November 27, 2018 is a Notice of Proposed Rulemaking (NPRM) that many in the industry want to happen sooner rather than later. It is Docket number HM-215O. This amendment is a giant step towards better alignment of the Hazardous Materials Regulation (HMR), or 49 CFR, with the changes coming in 2019 for several international transport regulations.

Remember, this NPRM is just one step in the process for updating Title 49 of the Code of Federal Regulations. We still have to get through the comment period on this particular docket. Starting today, the comment period is open until January 28, 2019. After that window closes, each comment is reviewed and changes could be made to the amendment. The docket is then published as a Final Rule with a 30- to 60-day phase in period. If you feel strongly about a proposed change, speak now or forever hold your peace.

While what is listed below this is not a comprehensive listing of everything in the PROPOSED amendment, an attempt was made to focus on what could impact a majority of transport professionals. For access to the entirety of NPRM, go to https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-24620 and view the PDF.

Here are some of the PROPOSED changes in HM-215O:

  • Section 171.7 – This section will now include reference to the 20th Revised Continue Reading…
PHMSA Amendment HM-219

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued another final rule on November 7th. Again, this rule making is the only way to amend or change Title 49 for Transportation in the Code of Federal Regulations. In this case, the docket number is HM–219. Its goal is to “to update, clarify, streamline, or provide relief for miscellaneous regulatory requirements”. It has an effective date of December 7, 2018. While the published rule is only 20 pages long there are many areas of revision. Below is a list of the items that jumped out at me while reading it. If you wish to read the full rule making, please visit https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-23965.

HM-219 Highlights:

  • Section 172.205 had changes to paragraph (j) which pertains to the Hazardous waste manifest. You are now allowed to use electronic signatures when completing EPA forms 8700-22 and 8700-22A.
  • Section 172.407 had revisions to paragraphs (c) and (f). Paragraph (c) now says “inner border approximately 5 mm inside and parallel to the edge”. It still says the inner border must be 2 mm wide and that the thinner line border labels can be used until the end of the year. Paragraph (f) has included some additional references. It now says, “a label conforming to specifications in the UN Recommendations, the ICAO Technical Instructions, the IMDG Code, or the Transport Canada TDG Regulations … may be used in Continue Reading…
Airplane Icon
IATA Lithium Battery Update for January 1, 2019
AA sized lithium battery cells

Welcome to the ever-changing world of transporting lithium batteries. It feels like just yesterday we were discussing the introduction of the new Class 9 hazard label dedicated to just batteries and the new handling “mark”. Would you believe that started at the end of 2016? In an attempt to clarify things, here is the first of several blogs dedicated to one of the new versions of a transport regulation. The focus will be what changed in regards to lithium batteries for that mode. My first choice, only because it is my favorite regulation, is the 60th edition of the International Air Transport Association or IATA as many of us know it. By the way, ICC will be hosting a training on lithium batteries on January 24th and 25th. Call us today to get registered today.

Listed below are the specific sections, paragraphs, packing instructions and the like that had changes for lithium cells and batteries. If you aren’t overly familiar with shipping batteries, what is below can be a bit overwhelming. You can access our “cheat sheet” for required labels by ground, ocean, and air.

IATA 60th Edition Changes for Batteries:

  • New classification criteria – As part of 3.9.2.6.1 there are 2 new paragraphs around the classification of lithium batteries. One paragraph talks about “hybrid” batteries, which are those that contain both ion and metal while the other is about Continue Reading…
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…