Mr. Steven Smith — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration OCT 5 2001 Mr. Steven Smith Ref. No. 00-0255 843 Lindenwood Drive Pittsburgh, PA 15234-2536 Dear Mr. Smith: This is in response to your letter and telephone call with the staff of the Office of Hazardous Materials Standards asking what a shipper's responsibilities are under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) when it has offered a damaged package of hazardous material for transportation. You stated a shipper loaded a leaking package of adhesive described as "1, 1, 1- Trichloroethane solution, 6.1, UN 2831, PG III" on your truck, but did not provide you with a material safety data sheet on the material or salvage packaging to contain the damaged package. You also stated you carried an emergency response guidebook (ERG) in the cab of your truck. I apologize for the delay in responding and any inconvenience this may have caused. A shipper is required to ensure that a hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required under the HMR (see § 173.22). Under § 171.2(a) and (b), no person may accept a hazardous material for transportation or transport a hazardous material in commerce unless it meets these conditions. Further, under § 177.801, no person may accept or transport by motor vehicle a hazardous material unless it conforms to all applicable requirements. A leaking hazardous materials package may not be transported unless it is placed in a salvage drum (see § 173.3(c)). You are correct that a shipper must provide emergency response information to accompany a hazardous materials package if a shipping paper is required. The shipper can present the information on the shipping paper; an accompanying document, such as a material safety data sheet (MSDS); or in a separate document, such as the ERG you carried on your truck. The information must be consistent with the provisions in 49 CFR Part 172, Subpart G. :12.704#

Page 2Sections 172.700-172.704 of the HMR require all hazmat employees who perform functions subject to requirements in the HMR be trained. This training must cover measures to protect the employee from the hazards associated with the hazardous materials to which they may be exposed in the workplace and specific measures the employer has implemented to protect employees from exposure (see § 172.704(a)(3)(ii)). I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards#

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Page 4in the chiack domazed it shaull: have reggaring what the company Shall provide then a percen is. war loadd cmaged all informalan wauld be appercebo, CSHA documented! 412 343 7454 Plea call f you clont underaland Mr. Steven Smith Pittsburgh, PA 15234-2536 843 Lindenwood Dr.#