Consumer Chemical Spray Bottle
Compliances for Importing Consumer Chemicals Products to the US

To control the amount of toxic substances that are imported into the country, standards and regulations have been put in place. This helps to reduce the number of chemicals that are banned from entering the country, but also regulating the type of chemicals sold through various companies.

Those wishing to import consumer chemical products to sell on shelves have specific guidelines and regulations that must be followed. Failure to comply with the regulations will be subject not having the ability to import the products.

TSCA Import Certification Requirements

All consumer chemicals being imported must adhere to the stringent rules of the Toxic Substances Control Act (TSCA) for entry. This requirement states that you must acknowledge whether the chemicals being imported comply with the policy or do not require further certification.

The requirements for complying with the TSCA Import Certification Requirements are listed in section 13 of The Toxic Substance Control Act. In addition to the TSCA regulations, the EPA also has a set of guidelines that must be adhered too. Their policy statement is at 40 CFR 707.20.

Who Must Certify the Import

The importer or legal representative of the importer must certify the chemical substance being imported whether it is a part of a mixture or a bulk shipment.

Certification Statements

A positive certification statement must be written, and signed by the importer. It must state that everything being shipped, whether in bulk or as part of a mixture, complies to all chemical regulations set forth by the country. Furthermore, by signing this agreement, you agree that all the chemicals meet the requirements as they are regulated by the TSCA.

A negative certification statement would be written up and signed to state that the chemical products being imported are exempt from the TSCA’s rules and regulations.

A negative certification covers the following items:

  • Pesticides
  • Any foods, additives, cosmetics, or drugs
  • Special nuclear material or by-product material
  • Firearms or ammunitions (those defined under section 3 by the TSCA)
  • Chemicals separate but part of articles
  • Tobacco or products of tobacco

Certain chemicals have more specific requirements for import under section 6 listed in TSCA to avoid chemical accidents. Some of the chemicals include mercury, PCBs and asbestos, though there are others.

To comply with the requirements for import, all the chemicals must:

  • Not be imported for misuse or prohibited use
  • adhere to the Globally Harmonized System of Classification (GHS) and be properly labeled, as well as SDS requirements
  • Not exceed restrictions specified or import volume
  • Not to be imported for any significant new use
  • Comply with all other applicable and mandated requirements

All chemical products being imported must also fully comply with the REACH list of prohibited chemicals. This list removes many chemicals from entering the country and is subject to change without notice.

To have chemicals shipped to the country safely, it is imperative to have use of the right overseas transporter to guarantee that all laws and regulations are abided by and that all proceeds in accordance with the laws set forth for importing consumer chemical products.

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 batteries at least once a year. If the alarm chirps, replace only the battery.

Fire Extinguishers

Also, take time to make sure your fire extinguishers are in good working order. If they are in a business, ensure that inspections are up-to-date. The NFPA provides the following guidance regarding the use of an extinguisher:

Safety tips

  • Use a portable fire extinguisher when the fire is confined to a small area, such as a wastebasket, and is not growing; everyone has exited the building; the fire department has been called or is being called; and the room is not filled with smoke.
  • To operate a fire extinguisher, remember the word PASS:
    • Pull the pin. Hold the extinguisher with the nozzle pointing away from you, and release the locking mechanism.
    • Aim low. Point the extinguisher at the base of the fire.
    • Squeeze the lever slowly and evenly.
    • Sweep the nozzle from side-to-side.
  • For the home, select a multi-purpose extinguisher (can be used on all types of home fires) that is large enough to put out a small fire, but not so heavy as to be difficult to handle.
  • Choose a fire extinguisher that carries the label of an independent testing laboratory.
  • Read the instructions that come with the fire extinguisher and become familiar with its parts and operation before a fire breaks out. Local fire departments or fire equipment distributors often offer hands-on fire extinguisher trainings.
  • Install fire extinguishers close to an exit and keep your back to a clear exit when you use the device so you can make an easy escape if the fire cannot be controlled. If the room fills with smoke, leave immediately.
  • Know when to go.

Sources:
http://www.nfpa.org/news-and-research/news-and-media/press-room/news-releases/2014/nfpa-encourages-testing-smoke-alarms-as-daylight-saving-time-begins

http://www.nfpa.org/public-education/by-topic/fire-and-life-safety-equipment/fire-extinguishers

PHMSA Update
A Small Victory for Harmonization … For Now (HM-215N)

PHMSA Withdraws Final Rule

—PHMSA Update HM-215N

The Pipelines and Hazardous Materials Safety Administration (PHMSA) of the Department of Transportation (DOT) has withdrawn a Final Rule that was intended to be published in the Federal Register on January 26.

The Final Rule, HM-215N, would have updated the U.S. “Hazardous Materials Regulations” to reflect international standards. This was due to the new administration’s Regulatory Freeze executive memorandum, issued January 20, 2017.

Harmonization

HM-215N would have harmonized the 49 CFR regulations to the latest version of the UN Recommendations on the Transport of Dangerous Goods, the ICAO Technical Instruction’s on the Safe Transport of Dangerous Goods, the International Maritime Dangerous Goods Code.

New lithium battery label     New Lithium Battery Mark and Pictogram
New marks and labels introduced in the upcoming international regulations.

 

This delay has made it particularly confusing for shippers of lithium batteries, who have transitioned to the new handling mark, and hazard class 9 label, shown in these international regulations.

Usage

Last week, PHMSA issued a Notice that allows offerors and carriers to use the 2017-2018 versions of the international regulations without fear of enforcement. In addition, it is allowing users to mark and label packages in accordance with either the 2015-2016 or 2017-2018 IATA/ICAO and IMDG regulations.

This notice is limited to 49 CFR Parts 171.4(t) and (v). This notice is expected to be in place until HM-215N is release, or this notice is otherwise rescinded or otherwise modified.

For a full version of the notice, please click here.

ICC is your source for hazardous materials products, services, and training, all under one roof. Contact us today.

Oil drum spill
What to Do – Accidents/Incidents Involving Dangerous Goods

Hazmat Incident

Unfortunately, Accidents Do Happen

Dangerous goods, necessary for Canadians’ quality of life, are transported from one area to another across the country every day. These goods, which travel by road, air, rail, and sea, leave Canada by the same routes, railway stations, airports, and ports. All these displacements increase the risk of incidents harmful to human beings and the environment. Therefore, it is essential that manufacturers, shippers, carriers, terminal operators, users, and governments strive to minimize the risk of incidents and the damage they can cause.

Approximately 30 million shipments of dangerous goods are shipped annually in Canada, and 99.998% of them travel to destinations without any incident!

When a dangerous goods incident occurs, the person in possession of the dangerous goods at the time of the incident must call the relevant competent authority (usually the local police, or call CANUTEC at *666 / 613-996-6666 / 1-888-CANUTEC, or call the 24-hour number that appears on the transport document or in the case of an ERAP call that activation number).

When first responders arrive at the scene of an accident involving dangerous goods, they will consult the Emergency Response Guide (ERG). They may also contact CANUTEC for assistance.

CANUTEC is Transport Canada’s Canadian Transport Emergency Center where bilingual scientists are always ready to answer. They are trained in emergency response and are ready to assist when an accident happens involving dangerous goods. CANUTEC’s role is to provide technical and scientific advice in an incident involving dangerous goods and to bring together all persons involved in the incident. The CANUTEC’s staff handles nearly 1,000 emergencies and answers more than 22,000 phone calls every year!

Note that CANUTEC advisors do not go to the scene of an incident.

CANUTEC also provides a 24-hour emergency telephone service for registered Canadian shippers who enter the CANUTEC emergency telephone number (1-888-CAN-UTEC (226-8832) or 613-996-6666) on their dangerous goods shipping documents. The free online registration for this service is available on the CANUTEC website.

TDG Reporting Requirements

Newly amended, Part 8 (Reporting Requirements) of the Transportation of Dangerous Goods (TDG) Regulations improves the data collection process, increases risk analysis capacity and specify the reporting requirements.

Part 8 of TDG requires that CANUTEC be contacted in the case of:

  • a Release or Anticipated Release Report (Road, Rail, Marine);
  • a Dangerous Goods Accident or Incident Report (Air);
  • an Undeclared or Misdeclared Dangerous Goods Report (Air);
  • a Loss or Theft Report (Road, Rail, Marine, Air); or
  • an Unlawful Interference Report (Road, Rail, Marine, Air).

Part 8 has three tier reporting for road, rail and marine:

  1. Emergency report to local authorities if the release endangers or could endanger public safety* consult 8.2;
  2. A Release or Apprehended Release report, only if special requirements are met consult section 8.4;
  3. A 30-day follow-up report, if a release or apprehended release report was required, consult section 8.6.

*Note that public safety refers to safety related to human life and health, property and the environment.

Transport Canada released Safety Awareness Kits aimed at target audiences – First Responders, Communities/Municipalities, Industry and the General Public – containing valuable information on the Transportation of Dangerous Goods. You can consult them at:
Transportation of Dangerous Goods Safety Awareness Materials and FAQ webpage

Safety Data Sheets (SDS)
How to Read a Safety Data Sheet (SDS)

Hockey Goalie

Safety Data Sheets Defend Your Employees

Chemical Safety in the workplace can be a topic most employers would like to avoid. However, not only is it vital to the employee’s and community’s wellbeing, it is a requirement by law. In comes Safety Data Sheets (SDS) to the rescue! If Chemical safety in the workplace was a hockey team, training, storage requirements, purchasing, disposal, and inventory requirements would make up the Center, Forwards, and Defense, leaving the cornerstone of any hockey team, the Goalie to represent Safety Data Sheets (SDS). OSHA Standard 1910.1200 (g)(8) states that The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). However without correct understanding of Safety Data Sheets, it would be like having an injured goalie in your starting lineup. Below are some tips for reading a 16-section format SDS.

Section 1. Identification:

Identifies the chemical on the SDS and displays the recommended uses. This section also provides contact information of the manufacturer as well as an emergency phone number.

Section 2. Hazard Identification:

The purpose of this section is to identify various hazards the chemical presents as well as any warning information. This includes Hazard class, signal words, pictograms and hazard statements.

Section 3. Composition/Information on Ingredients:

Displays the ingredients contained in the product. It gives the concentration of each ingredient that is classified as a health hazard.

Section 4. First Aid Measures:

Describes any first aid that should be given by untrained responders if there is exposure to the chemical. This includes symptoms and recommended immediate medical care.

Section 5: Fire-Fighting Measures:

Gives recommendations of how to handle a fire that is caused by this chemical. This includes extinguishing equipment, protective equipment, and information on other hazards that can arise if the chemical burns.

Section 6: Accidental Release Measures:

Lays out the recommended response to spills, leaks, or releases of the chemical. This includes cleanup practices, emergency procedures for evacuation, protective equipment, and spill volume.

Section 7: Handling and Storage:

Outlines the procedure for safe storage of the chemical. This includes ventilation requirements if applicable.

Section 8: Exposure Controls/Personal Protection:

Recommends the specific types of personal protection such as gloves, respirators, or glasses when using the chemical referenced in the SDS.

Section 9: Physical and Chemical Properties:

This section identifies the appearance, odor, density, flammability or explosive limits, as well as other physical properties of the chemical.

Section 10: Stability and Reactivity:

Breaks down the different reactive hazards of the chemical and stability information. This includes an indication of whether the chemical will react in certain situations such as pressure or temperature change, as well as any safety issues that may arise if the product changes in physical appearance. There is also a description of specific test data for the chemical.

Section 11: Toxicological Information:

Identifies any information about immediate or chronic health effects that may arise from exposure to the chemical. This also includes symptoms of exposure from lowest to most severe.

Section 12: Ecological Information:

This section measures the impact the chemical has on the environment if it were released. This includes test results if available.

Section 13: Disposal Considerations:

Provides information on how to properly dispose of the chemical as well as safe handling practices.

Section 14: Transport Information:

Provides guidance on classification information for shipping and transporting by ground, air, or sea. This includes UN number, proper shipping name, and hazard class.

Section 15: Regulatory Information:

Displays the specific regulations for the product not indicated anywhere else on the SDS.

Section 16: Other Information:

Indicates when the SDS was created and the level of revision. This section states where the changes have been made to the previous version.


As always, if you have any questions regarding SDS Services contact ICC Compliance Center at 1.888.442.9628 (USA) or 1.888.977.4834 (Canada).


Source: https://www.osha.gov/Publications/OSHA3514.html

Shipping by Road
TDGR US Import Cross-Docking – All We Want are the FAQs…*

Cross-Docking is Reshipping

On February 8 Transport Canada issued an addition to FAQ regarding the Transportation of Dangerous Goods Regulations (TDGR) Part 9, s. 9.4. This section deals with the re-shipping of dangerous goods (DG) received by road from the US when safety marks differ from those specified in the TDGR. In general, (more on this later**), TDGR 9.1 allows receipt of US shipments to first destination with the safety marks that were legally applied under 49 CFR at the US shipping point.

Cross-Docking

The FAQ defines “cross-docking” as “the process of transferring dangerous goods from one vehicle to another before reaching their final destination”. Changing drivers or tractor units does not trigger the term. When DG are cross-docked, Transport Canada considers this to be “re-shipping” and the provisions of TDGR 9.4 apply (note: although the FAQ refers to “reshipping” in quotes, the term is not specifically defined in the TDGR other than as described by s. 9.4).

Reshipping

Basically, the requirements in s. 9.4 are to remove placards which do not meet TDGR requirements and replace them with TDGR-compliant versions. Examples of these could be US “DANGEROUS” placards; or those with the midline adjusted (e.g. Class 7, 8, 9); or worded and “combustible” placards.
In addition, if means of containment (soon to become “packaging” we hope!) have labels or other safety marks differing from TDGR requirements, then the shipping paper must be annotated accordingly as indicated in s. 9.4 (2).

Part 10 is not referenced in the FAQ, but presumably similar logic will apply to cross-docking rail car shipments (TDG s. 10.4) – or to transfers between rail/road vehicles.

Just the FAQs

Although the author hasn’t seen anything in official consultation documents, statements in casual conversations on two occasions indicate that the current practise of including interpretative guidance as italicised text within the body of the regulations will likely be discontinued. Apparently, this very useful (in my humble opinion) practise is at odds with regulatory convention that expects only the mandatory legal requirements to appear in the regulation. FAQ are the preferred vehicle for the type of information we currently see italicised within the TDGR.

The FAQ referred to in this Blog is available at:
http://www.tc.gc.ca/eng/tdg/awareness-materials-and-faq-1159.html#a99_0

* with apologies to Sgt. Joe Friday/Jack Webb’s often misquoted statement:
http://www.snopes.com/radiotv/tv/dragnet.asp

** Reciprocity has its limits
Although we often hear of “reciprocity” for shipments inbound from the US, we must remember that it has limits. As referenced in the above-mentioned FAQ, the “inhalation hazard” version of Class 2.3 and 6.1 labels or placards are not acceptable even to first destination. The “regular” versions, applied with qualifying marks as required by TDGR SP 23 also need to be present. Similarly things done by US special permit- although potentially to be accepted to first destination under the CG I International Harmonization proposal- will not necessarily be approved for reshipping. Perhaps once the CG II is finalised we’ll have another Blog on this aspect…

Lithium
Lithium Battery Labels as of Feb 1, 2017

Both 49 CFR and TDG are expecting to harmonize lithium battery labels into the regulations; however, both regulations are pending. HM-215N (49 CFR) was recalled, and will not be reissued for at least 60 days.

Transport Canada has not provided an ETA on the harmonization.

Find out the correct labels to use below:

 

Electric Tractor Trailer
Electromobility Becomes a Reality!

The Rise of Electromobility

Not long ago, no one believed in the arrival of electric or hybrid road tractors. No one also believed that a fully electric car offering performance and autonomy would arrive on the market as fast as the Tesla vehicle did. The Tesla, a car which proves that electromobility is progressing in a dazzling way.

Last December, Nikola Motors realized what was unthinkable just three years ago, by unveiling a class 8 road tractor with an all-electric 320-kilowatt powertrain powered by high-density lithium batteries. (https://nikolamotor.com/).

It’s an all-electric class 8 road tractor with a sleeping compartment, capable of traveling up to 1,900 kilometers with a single filling of the hydrogen fuel cell system. It has no conventional transmission: each of the six wheel positions has its own electric traction motor which are controlled independently.

Will we soon see electric trucks on the roads to transport our freight?

More broadly, Navigant Research forecasts suggest that sales of electric trucks could reach 332,000 units globally by 2026. Sales were 31,000 in 2016. These are sales of trucks Medium and Heavy hybrid, hybrid rechargeable, electric battery and hydrogen fuel cells.

Electromobility seems to be a solution when National and regional governments keep imposing increasingly stringent emissions standards on commercial vehicles but are also looking for ways to encourage fleets to invest in energy-efficient technologies and cleaner fuels.

Lithium
Lithium Battery Worlds Collide

One of my favorite episodes of the show Seinfeld is the one where worlds collide. In the episode Elaine asks George’s girlfriend Susan to a show. On the surface this seems harmless. According to Kramer, this is a bad thing because when George’s “sanctuary world” and his “girlfriend world” collide there will be an explosion.

I had a case of my worlds colliding over the holidays. Let’s see what the results were. The attached pictures are from a leaf blower my husband received as a Christmas gift. It is a nice gift that will help us with yard work in the future. The description on the box says it comes with a charger for the included 40 volt, 2.0 ampere-hour rechargeable lithium-ion battery. On the back was the Lithium battery handling information. I didn’t pay much attention to it due to being in a cookie coma from the holidays.

Lithium battery label on box

Upon arrival home and while unloading the car, my husband noticed the information on the box and pointed it out to me. He then asks, “Should this be on here?” Needless to say, once we were fully unpacked I grabbed my regulations just to see.

Using the information on the box let’s review some points for shipping Lithium-ion batteries. Bear in mind this was purchased at a store where it was on the shelf. I have no way of knowing if it was shipped in this box.

  • Step 1: Is this lithium-ion battery is “contained in equipment” or “packed with equipment”?
    • Answer: The battery was not inserted into the blower but in a separate box beside it. This means it would have been “packed with equipment”.
  • Step 2: What is the watt-hour rating?
    • Answer: This was easy enough since the box said the battery had a 2 ampere-hour capacity and a voltage of 40 volts.  Using the following formula:

Watt-hours = Ah (ampere-hours) x V (voltage)
Watt-hours = 2 Ah.  X 40 volts
Watt=hours = 80 watt-hours

  • Step 3: What would be the proper identification number, shipping name, hazard class, and packing group (ISHP) if this had been shipped?
    • Answer: Since the manufacturer is within the US, I looked at the US ground regulations, 49 CFR. It is a Lithium-ion battery that was packed with equipment. Using the Hazardous Materials Table (HMT) that tells me the proper ISHP would be UN3481 // Lithium-ion batteries packed with equipment // Class 9 // no packing group.
  • Step 4: What sort of packaging requirements are there?
    • Answer: Again the HMT gave me that information in column 8. Luckily for UN3481 the packaging information is all found in Section 173.185. The only Special Provisions listed in the table are for air shipments. Much of this section didn’t apply to my query because I wasn’t shipping this. However, this section is also where all of the marking, labelling, exceptions/exemptions and hazard communication information is found.
  • Step 5: Where does the leaf blower fit and why was that particular safety information used?
    • Answer: This goes back to the information from Step 2. The watt-hour rating of 80 put me into Section 173.185(c) for exceptions. In that section is where the hazard communication information is found. In that was the proof I needed to say, “It is ok for this information to be on this box.” The box only has 1 lithium battery and the box is using the “handling marking” shown in paragraph (c)(3)(ii). The regulation says the following:

(3) Hazard communication. Except for a package containing button cell batteries installed in equipment (including circuit boards), or no more than four lithium cells or two lithium batteries installed in the equipment:

(i) For transportation by highway, rail and vessel, the outer package must be marked with the information in the following paragraphs (c)(3)(i)(A) to (D), or the handling marking in paragraph (c)(3)(ii) of this section:

(A) An indication that the package contains “Lithium metal” and/or “Lithium ion” cells or batteries, as appropriate, or alternatively, the word “batteries” may be used for packages containing cells;

(B) An indication that the package is to be handled with care and that a flammable hazard exists if the package is damaged;

(C) An indication that special procedures must be followed in the event the package is damaged, to include inspection and repacking if necessary;

(D) A telephone number for additional information.

(ii) For transportation by air, the outer package must be marked with the following handling marking, which is durable, legible, and displayed on a background of contrasting color:

Old lithium battery label

So there it is the results of my worlds colliding. There were no explosions, tidal waves, or earthquakes. There were no deaths from licking cheap envelopes, which is a reference to Susan’s fate. It was just an exercise of taking ICC Compliance Center’s “7 Steps to Compliance” idea and making them work for me. Of course, my head may explode when HM215-N is finalized and the information in this section of 49 CFR changes.

As always, ICC Compliance Center is here for all of your hazard communication and lithium battery needs. Call us today for lithium battery training, new class 9 labels or new handling marks, and new lithium battery shipping materials. We have it all.

Lithium
Safety Tips for Items with Lithium-Ion Batteries

Lithium-Ion Batteries in Our Lives

If there is one thing most of us have in common, it is how often we come in contact with items that use lithium-ion batteries. Whether it’s a laptop computer, cellphone, camera, or even an electronic cigarette, we rely on lithium ion batteries for many different purposes. Unfortunately for some consumers, when lithium-ion batteries fail, they do in devastating fashion. When a lithium battery explodes, it can cause a fire that generates temperatures up to 1000° F and can cause severe 3rd degree burns as the video below demonstrates.

What can we do to prevent such a catastrophic event from occurring while we utilize these everyday items that use lithium-ion batteries? Below is a list of safety tips when using items with lithium-ion batteries.

Lithium Battery Safety Tips

  • Only use the charger that came with your device. If you need to buy a new one, make sure the replacement is recommended for the use of your device by the manufacturer. Just because a charger fits in your device doesn’t mean that it is safe to use.

 

  • Do not overcharge your device. It is recommended that once your device is fully charged that you should unplug it.
  • Keep your device out of extremely high or low temperature locations. Do not place the battery in direct sunshine, or store the battery inside cars in significant hot or cold weather.
  • Do not expose the battery to water or allow the battery to get wet.
  • Do not use your device if you notice any damage to the battery after dropping it. If you suspect damage to the battery, take your device to the service center for inspection.
  • Do not carry or store the batteries together with necklaces, hairpins, or other metal objects.
  • Do not disassemble or modify the battery in any way. Modifying your electronic significantly increases the risk of explosion
  • Only transport your items with lithium-ion batteries in a containers that are specially designed and follow D.O.T guidelines.

As always, should you have any questions regarding lithium-ion batteries, please contact ICC Compliance Center at 1.888.442.9628 (USA) or 1.888.977.4834 (Canada).


Sources
http://batteryuniversity.com/learn/archive/lithium_ion_safety_concerns

http://www.genuinecells.com/blogs/safety-precautions-for-the-lithium-ion-batteries/