Before you are stopped in a surprise U.S. Department of Transportation (DOT) roadside inspection, make sure your emergency response information is in order. Violations of hazardous materials transportation emergency response information requirements are becoming more frequent, as evidenced in the most recent data concerning hazardous materials violations uncovered during DOT roadside inspections.
 |
Violations related to emergency response information are creeping into the top ten list of hazardous materials violations. Two that that broke into the top ten for FY 2016 have to do with emergency response information. At the end of FY 2015, emergency response information not being available ranked 11th at the as a violation, and that emergency response information was either not maintained correctly or was not accessible to the inspector ranked 18th. In FY 2016, they rank 8th and 10th, respectively. The good news is that when the emergency response information is available, it seems to be complete more often. That violation—missing emergency response information—dropped out of the top ten to 13th in 2016, where it ranked 7th in FY 2015.
DOT regulations found at 49 CFR 172.600 to 172.606, require that emergency response information, including the emergency response telephone number, be immediately available to any federal, state, or local government representative who responds to an incident involving a hazardous material, or who is conducting an investigation that involves a hazardous material. Exceptions apply to hazardous materials that are not required to have shipping papers (see 49 CFR 172.200) and hazmat classified as ORM-D (i.e., materials such as consumer products that provide a limited hazard during transportation).
This seems rather straightforward, but let’s look at a couple ways DOT interprets this requirement.
Can You Use an SDS or ERG as Emergency Information?
Maybe. This is in reference to the requirement for emergency response information that can be used to mitigate a hazmat incident. According to the DOT, a materials safety data sheet/safety data sheet (MSDS/SDS) that includes the emergency response information, although not required, is one form of information that may be used to satisfy these emergency response information requirements. However, if the shipper does not include an MSDS/SDS with the shipment, an emergency response guidance document such as DOT’s Emergency Response Guidebook (ERG), can be used as long as the document cross references the description of the hazardous material on the shipping paper with the emergency response information contained in the document. If a guide number page from the ERG is used, it must include the basic description and, if applicable, the technical name of the hazardous material. However, if the entire ERG is present on the transport vehicle, the requirements for the content of the information are satisfied.
Tip. Be sure you are using the most up-to-date edition of the ERG. It is updated every 4 years.
Maintained and Accessible
The requirements for emergency response information under DOT’s hazardous materials regulations include that the information be maintained and accessible. There are separate requirements for carriers and facility operators.
Carriers. Hazmat motor carriers and rail carriers are required to maintain the information the same as they do for shipping papers. On aircraft, the information must be maintained the same as the notification of pilot-in-command, and aboard vessels, the same as the dangerous cargo manifest. Carriers for all modes of transportation must also provide carrier contact information so that the operator of the vehicle can contact the carrier in the event of a hazmat incident.
For highway transportation, specifically, if a transport vehicle such as a trailer or container that contains the hazardous material is separated from the truck, and not parked in the operator’s facility, then the transport vehicle that contains the hazardous material must be have the telephone number of the motor carrier on the front exterior near the brake hose and electrical connections or on a label, tag, or sign attached to the vehicle at the brake hose or electrical connection; or have the shipping paper and emergency response information readily available on the transport vehicle.
This carrier contact information requirement does not apply to transport vehicles marked on an orange panel, a placard, or a plain white square-on-point configuration with the identification number of each hazardous material loaded in the vehicle, and the marking or placard is visible on the outside of the motor vehicle.
Facility operators. Operators of a facility where a hazardous material is received, stored or handled during transportation, must maintain the emergency response information whenever the hazardous material is present. This information must be in a location that is immediately accessible to facility personnel in the event of an incident involving the hazardous material.
Be sure to check Enviro.BLR.com for tips, tools and guidance documents to round out your hazardous materials transportation compliance and training programs.