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…

ICC Compliance Center
Ed Mazzullo Honored at 40th DGAC Annual Summit and Exposition
Ed Mazzullo Honored at 40th DGAC Annual Summit and Exposition

If you’ve ever applied for an interpretation from the U.S. Department of Transportation, or even looked one up online, chances are you’ve found a solution to your problem in a letter signed by Edward Mazzullo, longtime Director of the Office of Hazardous Materials Standards of the U.S. Department of Transportation (DOT). Mr. Mazzullo’s commitment to clarifying the complexities of the Hazardous Materials Regulations, as well as his career devoted to developing and improving regulatory standards, has resulted in him being awarded the George L. Wilson Award by the Dangerous Goods Advisory Council (DGAC) at its 40th Annual Summit and Exposition in Arlington, VA.

Each year, DGAC, a major organization for the education of the private and public sectors on transport of dangerous goods issues, presents the George L. Wilson Award to an individual, organization or company that has demonstrated outstanding achievement in the field of hazardous materials transportation safety. Previous winners include former members of the DOT, but also representatives of industry, and international representatives such as Linda Hume-Sastre, who labored for many years on the Transportation of Dangerous Goods Regulations for Transport Canada. Even CHEMTREC, the well-known emergency information service, has received the award.

DGAC presented the award to Mr. Mazzullo at a lunch attended by many hazardous materials professionals who have benefitted from his guidance through the years. We applaud his long service, and dedication to Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 15

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

Hazardous Waste and DOT

Q. Do I have to have hazardous materials training if I ship out hazardous waste?
A.Yes. If a person is shipping an EPA-regulated hazardous waste and that waste is required to be shipped on a manifest, then that material is subject to the DOT Hazardous Materials Regulations. In fact, there is a specifically worded certification statement on the manifest that certifies that the shipment complies with all applicable DOT requirements.

Wording on the Battery

Q. Do the words “Lithium Battery” have to be on the actual battery?
A. No, there is no requirement in the regulations to have those words on there. However, almost all of the transport regulations have added the requirement to include the watt-hour or gram content on the outer cases of said batteries.

HMIS

Q. I have some questions about HMIS ratings. Do you know where I can find more information on that? I’m having a hard time determining what PPE is needed at my facility.
A. We offer HMIS ratings as a service at ICC. As to the PPE component, the better course of action is to use the SDS and any risk assessment data at the facility to make those determination. Continue Reading…
Seat belts
Grateful Dead and Truck Seat Belts?

FMCSA Final Rule

Occasionally a change to a regulation comes along and just the title of it triggers the memory of a song in my head. On June 8th the Federal Motor Carrier Safety Administration (FMCSA) published a final rule regarding passengers in commercial trucks. As soon as I saw the words “commercial trucks” the Grateful Dead’s song “Truckin’” popped into my head. For a reminder of this song, take a listen here. Throughout the song various cities are mentioned and the song itself is about the band travel exploits. The irony of this band and safety is not lost on me!

Now that the song is stuck in your head which are called “ear worms” by the way, let’s talk about the actual change to the regulation. For years commercial truck drivers have been required to wear seat belts but passengers did not. That is about to change. The revision goes into effect on August 8th and now requires all passengers riding in commercial trucks to wear a seatbelt. If a passenger fails to do so, then the driver will be held responsible.

We all know that wearing a seat belt can save your life. According to the National Highway Traffic Safety Administration in 2014, “37 passengers traveling unrestrained in the cab of a large truck were killed in roadway crashes”. Granted that’s not a large number, but any loss Continue Reading…

No Smoking
Up in Smoke – Transport Bans on E-Cigarettes

On almost every corner in St. Louis recently are signs for “vapor rooms” or “vaping” locations. Curious, I did some research. These are locations where the newly popular electronic nicotine delivery systems (ENDS) are sold and used. We now have electronic devices that are alternatives to real cigarettes, pipes, cigars and chewing tobacco. Some of these devices are called an e-cigarette, e-pen or even an e-hookah. They work by using a lithium battery to heat an internal coil which vaporizes a mixture of various chemicals and flavorings, including nicotine which is then inhaled.

Last week one of our local news stations, Fox 2 Now, aired a story about injuries received from electronic smoking devices exploding or catching fire while in the hands or pockets of some users. The full story can be found here. Please be warned some of the images are graphic in nature.

As someone in the “safety business,” I was curious in regards to what regulations are currently in place for these items. Back in January of 2015 the Federal Aviation Administration (FAA) issued an alert that air carriers require these devices only in the cabin of the aircraft. This was followed by a June 2015 ICAO addendum that “prohibits the carriage of e-cigarettes in checked baggage and restricts the charging of these devices while on board the aircraft.” In May of this year, the US Department Continue Reading…

PHMSA
Correction to HMT in 49CFR

On Monday, April 25, 2016 the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a correction to the 49CFR Hazardous Materials regulations in the Federal Register.

The correction states:

“In Title 49 of the Code of Federal Regulations, parts 100 to 177, revised as of October 1, 2015, on page 269, in § 172.101, in the Hazardous Materials Table, for the entry ‘‘Phenylmercuric compounds, n.o.s.’’ add ‘‘G’’ in the first column.”

The federal register notice can be viewed here: https://www.gpo.gov/fdsys/pkg/FR-2016-04-25/pdf/2016-09615.pdf

The “G” in the first column of the Hazardous Materials Table (HMT) identifies proper shipping names for which one or more technical names of the hazardous material must be entered in parentheses, in association with the basic description. The technical name(s) must be shown on package marking and shipping papers. Failure to comply with the corrected information can result in non-compliant shipments.

Single Packaging
The Importance of Packing Instructions

Simon Says . . . It’s All About Following Directions

An experienced shipper knows that in order to be compliant for HazMat or Dangerous Goods shipping, packaging designs have to be subjected to performance testing. In fact, this should be something that even new shippers learn during their training. This testing is meant to simulate conditions that the package could encounter during typical transport operations.

Did you know that there are requirements to be followed even after the testing is complete and the packaging is marked as meeting the appropriate specifications? In a game of Simon Says, all players must do whatever Simon says. Packaging manufacturers are like Simon, they must provide proper instructions to customers so that they are able to assemble and use the packaging correctly. The packaging must be assembled in the same manner as it was during the testing process. If not, the shipment could be considered non-compliant.

The certification provided for the packaging is only good for the exact configuration that was tested. This is especially critical for combination packagings which can have numerous parts necessary to make a complete package. Making even minor changes to that configuration means there is no way to know for sure if it would still pass the testing criteria. Using specification packaging is much like a game of Simon Says . . . one wrong move and you Continue Reading…

Danger Placard
Remembering Placards

Mnemonic Devices

How do you remember the meaning of something? Do you try to KISS it where KISS stands for – Keep It Simple Silly? Do you use mnemonics from elementary school and even through college to trigger your memory? I do, and boy how they make things easier. I bet you can remember ROY G BIV, the colors of the rainbow from art class. Music class they gave us easy ways to remember the treble clef with Every Good Boy Does Fine for the lines on the staff and FACE for the spaces. One of my favorites however, is PEMDAS to help remember the order of operations in math!

I am always looking for a fun way to help reinforce my memory. In the hazardous transportation industry there are so many things to remember or define. Oh and the acronyms!

What is a Placard?

Let’s take a look at placards. What is a placard? As defined in the Merriam – Webster dictionary a placard is defined as:

a large notice or sign put up in a public place or carried by people

Placards provide pertinent information about an area, a specific instruction, or a hazard. Placards are used in work places to communicate to people of special operating procedures. Placards are also used in transportation to warn of hazards that are present in a truck on the road, in a rail Continue Reading…

Why You Need the Most Updated Regulatory Texts

The Bible, Shakespeare and Transport Regulations

“Woe is me” is a phrase heard by many. It basically means someone is unhappy or distressed. The Bible uses this phrase in several locations including Job 10:15, Isaiah 6:5 and Psalms 120:5. Shakespeare later used this same expression when writing for his tragic character Ophelia in “Hamlet”. Existing and operating in the world of regulations can also bring on this feeling. It is difficult enough learning the basics of any regulation, but to truly “know” it takes time, patience and work. This process is complicated by the fact that many regulations change. Is it really necessary to have the newest, latest regulation? To answer that question it is time to look to the regulations.

International Air Transport Association (IATA):

For many, these are the Air Regulations. In this instance, the regulation is updated YEARLY. A new edition goes into effect on January 1st of any given year and ends on December 31st of that same year. The Regulation is currently on its 56th Edition. To showcase some of the changes that could apply to a variety of shippers, please read the following:

  1. The List of Dangerous Goods has new entries and/or updates to existing substances
  2. Packing Instructions for Lithium Batteries was updated to include not only a change but also a new addition
  3. Section 7 – Marking and Labeling for Limited Quantities has new information

Continue Reading…

Department of Transportation Logo
Transition Period for Two US Labels Coming to an End

On July 20, 2011, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published Final Rule HM-218F, bringing changes to the 49 CFR Hazardous Materials Regulations (HMR). Most of the amendments that were adopted in the final rule were intended to eliminate, revise, clarify or relax regulatory requirements. Two hazard class labels were revised in the final rule and were given a transition period for compliance until October 1, 2014.

Class 6 Label Changes

Class-6-Transition-Period-for-Two-US-Labels-Coming-to-an-End

Removal of CDC information on the class 6 infectious label

Prior to HM-218F, labels for Class 6 Infectious Substances were required by the HMR to include references to the Centers for Disease Control (CDC). The final rule removed the previously required statement “In U.S.A. Notify Director—CDC, Atlanta, GA 1–800–232–0124” from the label text. As of October 1, 2014, the statement must not appear on the Infectious Substances label.

Class 9 Label Changes

Class-9-Transition-Period-for-Two-US-Labels-Coming-to-an-End

Removal of horizontal line on the class 9 miscellaneous label

In 49 CFR, the Class 9 label was different from international regulations by including a thin, horizontal line running across the label at its midpoint. This led to some shipments being delayed or having to be relabeled by international carriers because there was no line required in the international standards such as the International Civil Aviation Organization (ICAO) Technical Instructions and the International Maritime Dangerous Good (IMDG) Code. HM-215F removed the requirement for the line on the Continue Reading…