Here is one more blog in support of knowing it is autumn even though the weather may not feel like it. The Office of Environmental Health and Hazard Assessment (OEHHA) in California just published a revised list. If you aren’t familiar with the OEHHA, you likely do know about California’s Proposition 65 list. As per usual, the list has changed a few times over the course of the year.
To refresh your memory, the Safe Drinking Water and Toxic Enforcement Act of 1986 is the official name for California’s Proposition 65. The list has to be revised and republished at least once per year. California’s Office of Environmental Health Hazard Assessment (OEHHA) is the agency responsible for the implementation. Chemicals are added or removed from the list when some other “authoritative body” makes a determination regarding a substances ability to cause cancer, birth defects, or other reproductive harm.
Shown below are all of the new substances that were added and or removed by month. They are listed by name, type of toxicity, and Chemical Abstracts Service Registry Number (CAS). Now would be a good time to see not only if you are up to date on the new required “warnings” but if any of your products or substances were added to the new list.
Proposition 65 – Additions and Deletions
Bevacizumab for female developmental effect with CAS 216974-75-3
Anyone that has taken a training class with me discovers my secret love of superheroes. There is just something about them that makes life fun. They show up in all sorts of places during training. From signatures on shipping documents to addresses on packages, it is just a little something to make training a little less boring. I bring this up because the National Fire Protection Association (NFPA) has designated the week of October 6th-12th as Fire Prevention Week. This year’s theme is – Not every hero wears a cape. Plan and Practice Your Escape.
According to the NFPA website, some home fires can limit a family to only one or two minutes of time to get out and reach safety. Let that sink in for just a little bit. Two minutes is not a lot of time to make life saving decisions. This is why the goal of this year’s week is to have people make their own home escape plans AND to practice them.
The Labor Day Holiday generally symbolizes the end of summer for many people. For many businesses it is the end of their fiscal year. For parents in many areas it means back to school. For the Pipeline and Hazardous Materials Safety Administration (PHMSA) it means releasing notices of proposed rulemakings. We also have OSHA publishing their Top Ten Violations. Finally, it is time for IATA to publish the list of significant changes for their upcoming edition.
Keep in mind, these changes are in the 61st edition of the IATA. It goes into force January 1, 2020. The other thing to remember is these are just a list of “significant” changes. Some of the changes always seem a bit cryptic to me. Plus, I’m one of those folks that takes the old one and compares it to the new one to better understand exactly how it changed. Guess it comes from being a visual learner.
If you should want to read the list of changes, it can be found here. A brief overview of some of the changes are shown below for quick reference. There is a little something for everyone in the industry. As you read through, there are some times where I added some information to supplement the change as it is stated on the publication.
Brief Summary of Some Proposed Changes by Section:
Effective July 31, 2019 the fines for civil penalties within the Department of Transportation are increased. This increase impacts the Federal Aviation Administration (FAA), the Pipeline of Hazardous Materials Safety Administration (PHMSA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA).
The fines are increased as a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This happens every year, so you would think it would have an abbreviation at this point. This act basically requires federal agencies to adjust civil penalties each year to account for inflation. A list of the increases for 49CFR is shown below. These are found in 49CFR Part 107. A definition for “Penalties of non-compliance” is found in 171.1. To see the full ruling with the changes to the other agencies, go here.
Maximum penalty for a hazardous materials violation is $81,1993.
Maximum penalty for hazardous materials violation that results in death, serious illness, or severe injury to any person or substantial destruction of property is $191,316
Minimum penalty for hazardous materials training violations is $493.
Maximum penalty for each pipeline safety violation is $218,647
Maximum penalty for a related series of pipeline safety violations is $2,186,465
Maximum penalty for liquefied natural gas pipeline safety violation $79,875
Maximum penalty for discrimination against employees providing pipeline safety information = $1,270
On May 7, 2019, the Pipeline and Hazardous Materials Safety Administration announced there will be a public meeting scheduled for June 17, 2019 to solicit input on the development of the 2020 edition of the Emergency Response Guidebook (ERG). During the June 17 meeting, PHMSA will discuss different ways to determine the appropriate response protective distances for poisonous vapors resulting from spills involving dangerous goods considered toxic by inhalation in the “green pages” of the 2016 ERG. PHMSA will also discuss new methodologies and considerations for future editions of the ERG and outcomes of field experiments including ongoing research to better understand environmental effects on airborne toxic gas concentrations and other updates that will be published in the 2020 ERG. The 2020 ERG will be published in English, French, and Spanish and will increase public safety by improving emergency response procedures for hazardous material incidents across North America. For more information on how to be a part of the public meeting visit the link below:
PHMSA first published the ERG Guidebook in 1973 for use by emergency services personnel to provide guidance for first responders during the critical first 30 minutes of hazardous materials transportation incidents. Since 1980, PHMSA’s goal has been to provide free access of the ERG to all public emergency response personnel including fire-fighters, police, and rescue squads. PHMSA has distributed more than 14.5 Continue Reading…
When a train carrying flammable liquids is involved in an incident, first responders are often the first on scene. These types of incidents are not typical for first responders. They require a unique approach. And for that reason, Transport Canada has put out a video on how to respond to rail-car incidents that involve flammable liquids. Below are the factors and steps from the video when dealing with these types of incidents.
A Rail Car is involved in an accident and a fire starts on impact. The rail car is properly placarded with the appropriate class 3 flammable Placard. Below are the factors that can influence the fire as well as steps and tools to utilize during the incident.
Whether it’s Gasoline, Diesel, Ethanol, Crude oil, or bitumen, knowing the properties of each is important to first responders because all can behave differently under spill and fire conditions. This is where the importance of proper placarding will come into play as first responders can detect exactly what type of flammable substances are on the train based on the UN number. Below are important factors of flammable substances that would help first responders determine the proper course of action:
Viscosity- Gives an indication on how fast the fire can spread.
Density- Will determine if substance will sink or float if it is near a body of water.
The International Labour Organization (ILO) was created in 1919. It is a United Nation’s agency that sets
standards, policies and programs for the work force. Comprised of workers, employers and governments
the main goals are to “promote rights at work, encourage decent employment
opportunities, enhance social protection and strengthen dialogue on
work-related issues.” Each branch, if
you will, has equal footing in regards to what programs and actions are
Starting in 2003, the ILO started “International Worker’s Memorial Day”
as a way to bring awareness to workers and the workplace including accidents,
diseases, safety and health. It has evolved
into the “International World Day for Safety and Health at Work” and is celebrated
every year on April 28. This date also
coincides with the International Commemoration Day for Dead and Injured Workers.
Since the ILO is celebrating 100 years of existence in 2019, they are looking
back at what the past 100 years and using that experience to look at the
current and future workplace. The theme
to this year’s event is “A Safe and Healthy Future of Work: Building on 100 Years
of Experience”. There is a fantastic
video on the ILO site found here
that focuses on this year’s theme. The longer
report covers the changes to the workforce overtime and what are some of the
upcoming changes. The numbers in it are staggering
when viewed from a global perspective.
It is well worth the read and is free to download.
IHU 2019 Proposed Amendment: Pre-Gazette I Consultation
In late March, Transport Canada posted a notice on their public website regarding a pre-Gazette I consultation on proposed amendments to the TDGR. The consultation was distributed to selected stakeholders by email on March 4.
This proposal is the latest in a series of international harmonization updates (“IHU”) to incorporate changes to reflect the current editions of the UN Model Regulations (UN Recommendations), ICAO Technical Instructions for air, and the IMDG Code for ocean shipment. In addition, the Canada-US Regulatory Cooperation Council work planning effort has suggested several items that would facilitate reciprocity in shipping dangerous goods between the two countries.
Updating to 20th edition and preparation for 21st edition.
Incorporate packaging updates by adopting 3rd edition TP14850 (pending repatriation to CGSB as standard CGSB-43.150-xx), normalize EC-allowed practices on batteries; allow UN3175 in FIBC 13H3 & 13H4.
Marking/Labeling: text on labels, banana labels on cylinders, require orientation arrows for liquids, marine pollutant, and Lithium Battery Mark on overpacks.
Language issues under review, include determining the options on the use of either or both English/French and circumstances when a different second language might appear (i.e. foreign sourced material).
Consider adding provisions for optional hazard class text on placards – see also marking/labeling.
Allow US placards for re-shipping road/rail within Canada. In addition to text issues, this would allow re-shipping with US Continue Reading…
The US Postal Service is taking a positive step to improve the safety of liquid packaging shipments. This step is significant, as the industry will begin to incorporate some components of UN 4GV combination packaging requirements among a wide variety of changes soon to be implemented. Here at ICC, we help you understand what these changes are and provide the solutions that ensure you meet these new stringent requirements.
The Postal Service has observed that a significant percentage of liquid spills results from mailers misinterpreting the existing packaging requirements for liquids, thinking their non-metal containers are not breakable. However, non-metal containers (i.e., plastic, glass, earthenware, etc.) are often the source of liquid spills in Postal Service networks. As a result, on July 9th of 2018, the US Postal Service proposed a new rulemaking on standards for mail pieces containing liquids. There was a comment period requesting public feedback on the proposed rules until September 18, 2018.
The proposed rule addressed two components:
Clarification of existing language that specified packaging and markings for mail pieces that contain liquids in containers greater than 4 fluid ounces; and
Extending the triple-packaging requirement for breakable primary containers with 4 ounces or less.
What are the Changes and the Compliance Solutions?
Effective on March 28, 2019, the adopted changes published in the final rule include:
Much like Sheryl Crow sang, “A change, could do you good”, at least one would hope. When it comes to PHMSA, change is aimed at improving an already existing process, or adding a new process we can all benefit from. So in this case, I believe Sheryl Crow is right.
With that being said, The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), recently issued a final rule that requires railroads to create and submit Comprehensive Oil Spill Response Plans for route segments traveled by High Hazard Flammable Trains also called HHFTs. The rule applies to these trains that are transporting petroleum oil in a block of 20 or more loaded tank cars and trains that have a total of 35 loaded petroleum oil tank cars.
Why the Change?
Incidents involving crude oil can have devastating consequences to local communities and the environment. Countering these effects on the environment can take between a few weeks to many years, depending on the damage caused. For this reason, fast and effective response is essential to rail accidents containing oil. The 174-page final rule is designed to improve the response readiness and decrease the effects of rail accidents and incidents involving petroleum oil and a flammable train. The agency said the rule also is needed due to expansion in U.S. energy production having led to “significant challenges for the Continue Reading…