{"operation":"document","citation":"01-0277","title":"Mr. Steven Smith — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-02-01","effective_on":null,"summary":"01-0277 concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0277.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0277.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0277","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010277.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh St., S.W.\nasearch an\nFEB 1\nWashington, D.G. 20590\ndimini stration\n2002\nMr. Steven Smith\n843 Lindenwood Drive\nRef. No. 01-0277\nPittsburgh, PA 15234-2536\nDear Mr. Smith:\ntelephone conversations with this office's staff concerning a leaking package of \"1, 1, 1-\nThis responds to your October 15, 2001 letter, and November 30 and December 5, 2001\nTrichloroethane solution, 6.1, UN 2831, PG III\" you found on your truck when you worked for\nConsolidated Freightways (CF) in 1996. You stated CF's management directed a dock worker to\nload the package after discovering it was damaged. You asked us if it was CF's responsibility to\nput the leaking package in another authorized container before loading it on your truck.\nAlthough the shipper is primarily responsible for ensuring that a hazardous materials is properly\npackaged, as stated in § 173.22, if a leaking package is discovered before it is loaded on a motor\nvehicle, § 177.801 prohibits the carrier from accepting it for transportation. If the leaking\npackage is discovered after it is loaded, § 177.854(b) requires the package to be managed for\ndisposal by the safest practical means as provided in § 177.854(c), (d), and (e).\nYou also stated CF filed a false incident report that incorrectly described the package's condition\nwhen loaded. Submitting false, fictitious, or fraudulent written statements to the federal\ngovernment may be a violation of 18 USCS § 1001. In addition, you stated that CF did not\nprovide you with a material safety data sheet (MSDS) when offering you the load, although in\nearlier correspondence you stated you carried an emergency response guidebook (ERG) in the\ncab of your truck. As we stated in our October 5, 2001 letter, provided the information is\nconsistent with the emergency response information requirements in 49 CFR Part 172, Subpart\nG, use of a separate document, such as an ERG, in a manner that cross references the description\nof the hazardous material on the shipping paper with the emergency response information\ncontained in the document may be used in place of at MSDS.\nI hope this satisfies your request.\nSincerely,\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\nHINNIHI\n|73.22\n010277\n\n<<<PAGE 2>>>\n\nEdmonson\n$173.22\nShipper's 1\nResponsibility\nJohn A Gal\n01-0277\nLangoorateon Regulateon specealel\noffice of sozandau mobiel Stancae.\nOcT 15 2001\nDea mu Sale\ndilel oc ourano te aur ellenhing\nanalialed Ireghti)\npet thes shirement into a\nOf you need mare in feinaten pleve\nCell me. 412-3437454\nyour teel\nStevent mich\nSteven Smith\nittsbugh, PA 15234-2536\n43 Lindenwood Dr\n\n<<<PAGE 3>>>\n\n10/09/2001\n14:53\n41234374548\nPAGE 01\n.:\n400 Seventh St.. S.W.\nResearch and\nWashington, D.C. 20500\nSpecial Programs\nAdministration\n...\nOCT 5 2001\nMr. Steven Smith\n843 Lindenwood Drive\nRef. No. 00-0255\nPittsburgh, PA 15234-2536\nDear Mr. Smith:\nThis is in response to your letter and telephone call with the staff of the Office of Hazardous Materials\nStandards asking what a shipper's responsibilities are under the Hazardous Materials Regulations\n(HMR: 49 CFR Parts 171-180) when it has offered a damaged package of hazardous material for\ntransportation. You stated a shipper loaded a leaking package of adhesive described as \"1, 1, 1-\nTrichloroethane solution, 6.1, UN 2831, PG Ill\" on your truck, but did not provide you with a material\nsafety data sheet on the material ox salvage packaging to contain the damaged packáge. You also\nstated you carried an emergency response guidebook (ERG) in the cab of your truck. i apologize for\nthe delay in responding and any inconvenience this may have caused.\nA shipper is required to ensure that a hazardous material is properly classed, described, packaged,\nmarked, labeled, and in condition for shipment as required under the HMR (see § 173.22). Under\n§ 171.2(a) and (h), no person may accept a hazardous material for transportation or transport a\nhazardous material in commerce unless it meets these conditions. Further, under § 177.801, no person\nmay accept or transport by motor vehicle a hazardous material unless it conforts to all applicable\nrequirements. A leaking hazardous materials package may not be transported unless it is placed in a\nsalvage drum (see § 173.3(c)).\nYou are cotrect that a shipper must provide emergency response information to accompany a\nhazardous materials package if a shipping paper is required. The shipper can present the information\non the shipping paper; an accompanying document, such as a material safety data sheet (MSDS); or in\na separate document, such as the ERG you carried on your truck. The information must be consistent\nwith the provisions in 49 CFR Part 172, Subpart G.\nj' a dock worker at consolidatio 11\nFightiay was told to load damased\nshesement ofts management war made\nin file the the shiren wes comane?\naresent to DoT. on hour shipient was loade\n\n<<<PAGE 4>>>\n\n10/09/2001\n14:53\n41234374548\nPAGE\n02\nSections 172.700-172.704 of the HMR require all hazmat employees who perform functions\nsubject to requirements in the HMIR be trained. This traiting must cover measures to protect the\nemployee from the hazards associated with the hazardous materials to which they may be\nexposed in the workplace and specific measures the employer has implemented to protect\nemployees from exposure (see § 172.704(a)(3)(ii)).\nI hope this satisfies your request.\nSincerely,\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards","truncated":false,"body_characters":5472}