PHMSA has decided to not move forward to amend HMR 49 CFR 171-180 that would require CMTV loaders and unloaders to perform a risk assessment prior to activities and implement safety procedures based on the results.
On March 11, 2011 PHMSA published a Notice of Proposed Rule Making (NPRM) based on their regulatory assessment, public comments and the completion of a supplementary policy analysis to address risks associated with loading and unloading operations. Also included in this proposal was additional training and qualification requirements for loading personnel.
PHMSA’s regulatory assessment cited “human error” as the reason for most cargo-related accidents. This decision was based on a 10 year study of CMTV incidents between 2000 and 2009. The study claimed that the human factor was attributed to inattention to detail while loading or unloading, attendance requirements, leaving valves in the open or closed position, failure to segregate incompatible materials, and improper hose connections and filling practices that result in over-pressurized CMTV’s. Over 3,500 of these incidents during the study period resulted in a total of $68 million in damages.
Public comments to the proposed amendment regarding performing risk assessments expressed concern over redundancy by facilities and carriers, as well as the record-keeping efforts for such a task, declared as “burdensome”.
Comments on PHMSA’s recommendation that operators perform an annual refresher under direct observation of actual duties and drills was strongly opposed Continue Reading…