Beta Chem, Inc.

Decision paragraph 1Docket Order: PHMSA-2006-26204The Chief Counsel assessed a total civil penalty of $6,000 for two violations of the HMR. (1) No current training records were provided by the Respondent that matched the qualitfications stated in the HMR. (2) respondent was in violation of in 49 C.F.R. Part 173, Subpart I. Radioactive materials in the liquid or gas phase must be transported in packagings meeting higher performance standards than those in solid phase. Violation 1: allowing employees to perform a function subject to the requirements of the HMR without providing general awareness, function specific and safety training, and failure to maintain hazmat employee training records, in violation of 49 C.F.R. §§ 17 1.2(a)-(b); 172.702(a) and 172.704(a) and (d); Violation 2: offering a hazardous material for transportation in commerce in DOT specification 7A packagings, when the required Type A testing had not been conducted, in violation of 49 C.F.R. §§ 17 1.2(a) and (c); 173.465; and 178.350.#