Compromise Order - 24-0085-SH-EA - Ward Trucking LLC

Decision paragraph 1On April 24, 2024, an Investigator from PHMSA's Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted a compliance inspection at a facility in Easton, Pennsylvania, pursuant to 49 U.S .C. § 5121 and 49 C.F.R. § 107.305.#

Decision paragraph 2PHMSA's investigator reported two alleged violations of the HMR. At the conclusion of the compliance inspection, PHMSA's Investigator conducted an "exit briefing" during which the investigator discussed the alleged violations and the required corrective actions with Respondent's representative.#

Decision paragraph 3Upon completion of the compliance inspection, the investigator submitted a report to the Director of OHMSFO's Eastern Region, who reviewed the report for accuracy and sufficiency of evidence.#

Decision paragraph 4Based on that review, the Regional Director referred the matter to PHMSA's Office of Chief Counsel thereby recommending the initiation of a civil penalty action against Respondent pursuant to 49 C.F.R. § 107.311.#

Decision paragraph 5Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violations, as set forth in the inspector's report, on September 25, 2024, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("NOPV") alleging two violations of the HMR and proposing a $12 , 150 civil penalty.#

Decision paragraph 6Respondent has described how the company is a good cooperate citizen that takes safety seriously. It described how it immediately acted and instituted corrective action measures by implementing updated and more focused training to include lithium batteries and making a significant investment in load bar securement.#

Decision paragraph 7In addition, it ceased accepting shipments from the shipper of the batteries in question.#

Decision paragraph 8Based on this information and for the purpose of compromise, the total penalty is reduced by 25%.#