1	Hazardous Materials Transportation Compliance Training Logistics Network, Inc. • P.O. Box 382 • Dumont, NJ 07628-0382 Ph.: 1.202.387.9420 • Fx.: 1.201.586.0407 Copyright © 2005
2	Agenda Introduction and Overview Basics and Training Requirements Definitions Enforcement Preparing Hazardous Materials for Shipment Classification and use of the table Packaging Marking and labeling Shipping papers
3	Agenda - cont’d. Emergency response information Loading, unloading, blocking and bracing Placarding Air shipments Water shipments New and proposed regulations Practical exercises
4	Introduction & Overview
5	Governing Regulations United States Domestic Transport Code of Federal Regulations (CFR) – Title 49 Subtitle B, Chapter 1, Subchapter C, Parts 171 - 180 International Air Freight International Civil Aviation Organization (ICAO) Technical Instructions Published by International Air Transport Association (IATA) International Ocean Freight International Maritime Organization (IMO) International Maritime Dangerous Goods (IMDG) Code
6	Hazardous Material Hazardous Material: A substance or material capable of posing an unreasonable risk to health, safety, or property when transported in commerce and which has been so designated. Hazardous Substance: A material listed in Appendix A to §172.101 and the quantity in one package equals or exceeds the reportable quantity (RQ). Material may be in solution or mixture. Hazardous Waste: Any material that is subject to the Hazardous Waste manifest requirements of the EPA.
7	Hazmat Employer A person who uses one or more employees in connection with: Transporting hazmat in commerce Causing hazmat to be transported or shipped in commerce Representing, marking, certifying, selling, offering,reconditioning, testing,repairing, or modifying packagings as qualified for use in the transportation of hazmat.
8	Hazmat Employee A person who in the course of employment directly affects hazardous materials transportation safety in the following ways: Loads, unloads or handles hazardous materials Tests, reconditions, repairs, modifies, marks, or otherwise represents packagings as qualified for use in the transportation of hazardous materials Prepares hazardous materials for transportation Is responsible for safety of transporting hazardous materials Operates a vehicle used to transport hazardous materials
9	Training Requirements Type General awareness Function-specific requirements Safety Security awareness Frequency Initial – Prior to performing job function or within 90 days for a new employee working under direct supervision of a properly trained and knowledgeable hazmat employee Recurrent – Three (3) years from anniversary of initial training
10	Enforcement 49 CFR Part 107, Subpart D Levels of enforcement Warning letter Initiate proceedings to assess a civil penalty Issue an order directing compliance Seek any other remedy available under Federal Hazmat transportation law
11	Enforcement 49 CFR Part 107, Subpart D Ticketing For an alleged violation that does not have a direct or substantial impact on safety
12	Enforcement 49 CFR Part 107, Subpart D The DOT will take enforcement action against violators of the regulations. The penalties imposed will depend upon the violator’s intent. Civil penalties – Unintentional violations Criminal penalties – Intentional (willful) violations
13	Enforcement 49 CFR Part 107, Subpart D Acting knowingly means acting, or failing to act, when a person knows what would result in a violation, or knowing what a reasonable person should have known, given the circumstances.
14	Enforcement 49 CFR Part 107, Subpart D Civil penalties A person who knowingly violates a requirement of the Federal hazmat transportation law is liable for a civil penalty of: Not more than $32,500 Not less than $275 for each violation
15	Enforcement 49 CFR Part 107, Subpart D Assessment considerations Nature and circumstances of the violation Extent and gravity of the violation Degree of the respondent’s culpability Respondent’s past violations Respondent’s ability to pay Effect on the respondent’s ability to continue in business Such other matters as justice may require
16	Enforcement 49 CFR Part 107, Subpart D Criminal penalties A person who knowingly violates §171.2(g) (marking & packaging) or willfully violates a provision of the Federal hazmat trans-portation law or an order or regulation issued thereunder shall be fined under title 18, United States Code, up to $500,000, and/or imprisoned for not more than five (5) years.
17	Ten Steps to Hazardous Materials Transportation Classification Naming Picking a package Preparing shipping papers Marking and labeling Providing and using placards Loading, moving and unloading Incidents and emergencies Administration Keeping up with changes
18	Preparing Hazardous Materials for Shipment