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…

Repacking Dangerous Goods
A Dead Bat: Repacking Biological Substances

Repacking Biological Substances UN3373

We Repack All Types of Dangerous Goods … Including Dead Bats!

I received a call from a local veterinarian who was looking to buy 2 labels, yes only 2 individual labels. We sell them in rolls of 500 so it is surprising when someone asks for 1 or 2 labels. She was advised by a carrier that all she needs is to put two “UN3373” labels and a label with the words “Biological Substance, Category B” on a package and send it out. The veterinarian called us to get two “UN3373” labels and a label with the words “Biological Substance, Category B” as told to her by the carrier. I advised her that she can simply write the words on the package as long as it’s legible and indelible but she said she was told it must be a label.

TDG Training to Ship a Dead Bat?

Of course this is when my brain starts thinking outside of the box (more than the conversation that is currently taking place). Then I asked if she was trained to ship dangerous goods and she said no. She was only doing what the carrier advised her to do. That’s when the regulatory specialist in me 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…

Skull and Cross Bones
Inhalation Hazards – TDG Marking & Documentation

Man Wearing Respirator

Changes in Special Provision 23

One aspect of the International Harmonization amendment (SOR/2017-137) of the Canadian Transportation of Dangerous Goods Regulations (TDGR) that did not receive a lot of attention is the change in Special Provision 23. This special provision (SP) deals with the assignment of markings on containers and descriptions on shipping documents for entries related to goods which exhibit inhalation toxicity. Although the basic concept for classification remains the same- i.e. gases in Class 2.3 and Class 6.1 with associated inhalation toxicity. The majority of the latter are in PG I, but there are several PG II entries invoking SP23).

Marking – Keep It Simple?

A significant difference is the change in wording applied to means of containment (MoC). Following the transition period, markings required under SP23 must read “inhalation hazard” for all entries except UN 1005 (anhydrous ammonia). This eliminates the previous options of either “toxic by inhalation” or “toxic-inhalation hazard” (TBI or TIH).

UN1005 retains the previous wording “Anhydrous Ammonia, Inhalation Hazard” when the option of using the ammonia placard (rather than Class 2.3) is chosen. However small MoC of UN1005 will use the standard Class 2.3 label and “inhalation hazard” wording.

Size Matters

Letter Size
The new SP23 simplifies things somewhat by referencing Continue Reading…

Lithium
Lithium Battery Labels as of August 1, 2017

Lithium Batteries, Laptop battery

The A-Team and Lithium Battery Marks / Labels

An iconic show from the 1980’s was “The A-Team”. It was about a group of former military men who worked to help those in need by using their former skill set. A famous line from it was often said by John “Hannibal” Smith, played by George Peppard. At the end of many episodes he would say, “I love it when a plan comes together”. With the publication of Transport Canada’s Amendment TDGR SOR2017 – 137, we finally have a plan coming together for the transportation of Lithium Batteries.

Finally, all transport regulations – 49 CFR, TDG, IATA .and IMDG – are on the same page regarding the necessary marks and labels needed for transporting Lithium Batteries. All of the regulations even have the same transition times for when the new Class 9 Lithium Battery Hazard Class Label and new Lithium Battery Mark will be mandatory.

New lithium battery label     New Lithium Battery Mark and Pictogram

Download Our Lithium Battery Labels Guide

 

Let ICC Compliance Center be your “A-Team” for shipping Lithium Batteries. Call us today for packaging, training, labels and marks.  We have it all.

TDG
TDG International Harmonization 2017 (TDG SOR/2017-137)

It’s Here, It’s Here! Feast Your Eyes on TDG International Harmonization 2017

(with apologies to “Genie” – aka the late Jim Backus …)

As predicted in last week’s blog on adoption of 2016 editions of CGSB standards, and reviewed in the Canada Gazette I (CG I) blog referenced therein, today’s Canada Gazette II (CG II) formalizes a variety of changes to the Transportation of Dangerous Goods Regulations (TDGR).

The amendment, despite the “International Harmonization” working title is officially referenced as SOR/2017-137 and essentially follows the CG I proposal reviewed in earlier blogs. However, as expected, there have been some changes.

See our earlier articles on the CG I proposal:

An observation on the contents of this amendment – it appears that a rumoured dropping of italicized “guidance” text has begun in SOR/2017-137. The TDGR have been somewhat unique in this approach, but the word is that it is not in keeping with justice department philosophy that guidance material should be separate from the mandatory regulatory text – e.g. in an FAQ or other separate guidance document. This amendment incorporates several instances into the regulatory text and removes several others. Fortunately, the very useful Continue Reading…

TDG
Transport Canada Prepares to Adopt 2016 Updates to Standards

Truck Driving on highway at sunset

IBC and Bio/Infectious Substances

Transport Canada (TC) published information on some significant changes to the latest editions of standards for design/manufacture/use of packaging for bio/infectious substances and Intermediate bulk containers (IBC); CGSB-43.125-2016 and CGSB-43.146-2016 respectively.

Moving Forward

The notices are presumably to give advance warning of changes to ambulatory (“dynamic”) references as indicated in the CG (Canada Gazette) I “International Harmonization Amendment” to the Transportation of Dangerous Goods Regulations (TDGR) expected, according to usually reliable sources, to be formalized by publication in the July 12 edition of CGII.

See also the author’s earlier Blog on the CGI proposal »

These will replace the currently references, in TDGR Part 1.3.1, to the 2002 and 1999 editions respectively. TDGR 5.16 will also be amended as the information appears in the 2016 edition of CGSB-43.125.

Summaries Available

Transport Canada qualifies their information, cautioning the regulated community to carefully read the standards themselves to ensure they are aware of all changes as some may not be covered in the TC summaries. Although not mentioned directly in this TC material, rumour (again the “usually reliable sources”) has it that there will be a 6-month transition to comply with new editions of revised standards that have ambulatory references in the July 12 amendment.

The summaries Continue Reading…

Air – TDG Part 12 Pre-Amendment Consultation

Ground and air transport

Time Flies

Transport Canada, in what has become a series of proposed amendments, has issued a consultation White Paper on updates to the Transportation of Dangerous Goods (TDG) Regulations (TDGR) Part 12 Air.

This part references the International Civil Aviation Organization (ICAO) Technical Instructions (TI) along with TDG-specific supplemental requirements and exemptions. Some ICAO references date back to 2002 and changes to the TI have made some TDG provisions redundant or in need of updating. Also, there are some clarifications proposed to better align with the Canadian Aviation Regulations under the Aeronautics Act.

In the interest of clarification, Transport Canada hopes to increase the “one window” approach, wherein material is incorporated into the Part 12 TDGR rather than simply referencing an external document. This self-contained approach will still have to consider that changes to external documents might make references a more practical approach in some areas. The objective is also to harmonize this proposal with the “dynamic” (aka “ambulatory”) approach taken with the TDG International Harmonization Amendment.

Related Posts

TP14850 Update Consultation – May 2017 Draft
The Clock is Ticking – 3 Recent TDG Proposals
TDG Update: Proposed Harmonization/

Geography Counts – Limited Access Exemptions

A potential improvement to Part 12 includes adding a definition of “Limited Access”. The proposed Continue Reading…

TDG
Transport Canada Publishes Enforcement Action Summaries

Truck Driving on highway at sunset

A New Awareness Vehicle

Transport Canada has added a new item to the various informative offerings on the TDG home page. A link was added to an “Enforcement Action Summaries” listing to supplement existing guidance pages on topic-specific publications, orders, equivalency certificates, safety awareness material, etc.

This new page is intended to give the regulated community a better understanding of the types of offences that could subject them to penalties or orders to take corrective action. The objective is to provide an incentive to “deter wrongdoing” by demonstrating consequences to those who might choose to ignore the regulations; or, on a more positive note, provide an illustration of the advantages of understanding the regulations before an enforcement situation is encountered.

“I Fought the Law …” – or Ignorance is (Usually) No Excuse

Sections 22(3) and 40 of the TDG Act do provide for a defense of having taken “all reasonable measures” to comply with the Act. “Reasonable measures” would normally include acquiring and maintaining knowledge of the applicable regulations.

Although current enforcement activities are unlikely to result in the incarceration experienced by the misguided soul in Bobby Fuller’s 1966 classic hit, the TDG Act does provide for a range of consequences.

These consequences are represented in the Continue Reading…