{"operation":"document","citation":"11-0261","title":"Mr. Aaron Hackman — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-01-26","effective_on":null,"summary":"11-0261 concerning 172.312, 172.323, 173.134, 173.197, 173.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0261.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0261.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0261","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110261.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\nAdministrator 1200 New Jersey Avenue. SE.\nWashington. DC 20590\n1:'\\' j ~ 6\nAaron Hackman, BA, RT(R) CT\n121 EI Dorado Lane\nColorado Springs, CO 80919\nReference No. 11-0261\nDear Mr. Hackman:\nThis is in response to your October 13, 2011 telephone conversation with a member of my\nstaff, and October 19, 2011 e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR: 49 CFR Parts 171-180) applicable to packagings your company uses\nto collect fluid withdrawn from the bodies of patients. You state these fluids typicall y\ncontain minor amounts of the patient's blood, may meet the definition of a Category B,\nDivision 6.2 (infectious substance) material, and are described as \"UN 3291, Regulated\nmedical waste, 6.2, PO II,\" (RMW). You also state a contract carrier supplies your\ncompany with these packagings and transports them for disposal by motor vehicle.\nYou describe the packagings as being composed of 6 vacuum-sealed glass bottles that\nrange in size from 250 ml to 1,000 mI, each placed in a fiberboard box and separated by a\n6-place divider insert composed of fiberboard. You state two bottles of Vital Care Super\nSolidifier absorbent powder are emptied into this box, which is then closed by folding one\ncorner on each flap at the top of the box under the corner of the adjoining flap. You also\nstate two of these boxes are placed in a red polyethylene bag that is folded closed and then\nsecured within a red polyethylene bin that is closed with a lid that snaps shut. In addition,\nyou state the outer surface of the bin has directional arrows as prescribed § 172.312(a)(2),\nand the BIOHAZARD symbol as prescribed in § 172.323(c). You also provide pictures of\nthe packaging's components. You ask if these packagings comply with § 173 .134( c) of the\nHMR.\nThe answer is no. It is the opinion of this Office that use of both the folded polyethylene\nbag and snap shut lid on the polyethylene box would not be effective in preventing the\nliquid contents of this packaging from being released if one or more of the inner bottles\nwere to break. However, this condition may be avoided if the polyethylene bag were\nclosed in a manner (e.g., twist-tied closed or sealed) that prevented it from releasing its\nliquid contents. '\nTo be excepted from the specification packaging requirements for RMW prescribed in\n§ 173.197, the HMR require that the package comply with the requirements prescribed in\n§ 173.134(c)(1). These requirements specify that the packaging must be rigid, conform to\nthe general packaging requirements in §§ 173.24 and 173.24a, and comply with the\n\n<<<PAGE 2>>>\n\nrequirements prescribed in 29 CFR 1910.1030 of the Department of Labor, Occupational\nSafety and Health Administration's requirements for bloodborne pathogens. Sections\n173.24(b)(1) and 173.24(f)(1)(i) require that the packagings and their closures must be\ndesigned and closed so that under transportation conditions normally incident to\ntransportation, there is no identifiable release of hazardous material to the environment\nfrom the packaging or from the opening to which the closure is applied. Section\n173.24(f)(1 )(ii) also requires that the packaging closures must also be leakproof and\nsecured against loosening. Additionally, the packaging must: 1) be transported by motor\nvehicle by a private or contract carrier; 2) not contain any RMW waste cultures or stock;\nand 3) display the BIOHAZARD marking in accordance with 29 CFR 1910.1030 to be\nexcepted from having to display the INFECTIOUS SUBSTANCE label.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\ncc: Mr. David Linebaugh\nSafety Officer\nPenrose-Sf. Francis Health Services\n2222 North Nevada Avenue\nColorado Springs, CO 80907\n2\n\n<<<PAGE 3>>>\n\nEdmonson, Eileen (PHMSA)\nFrom: Hackman, Aaron [AaronHackman@Centura.Org]\nSent: Wednesday, October 19, 2011 6:51 PM\nTo: Edmonson, Eileen (PHMSA)\nSubject: RE: Evacuated Containers\nEileen,\nThank you again for the time spent with me today confirming our compliance with shipping our ascites filled evacuated\ncontainers. I realized you may not have an address to send the official letter to, so I am providing two, if I may. I would\nhumbly ask that you send a letter to my personal address and work address so that I increase my probability of receiving\nat least one of them. ©\nAaron Hackman\nRadiology Manager, SFMC\n6001 East Woodmen Rd.\nColorado Springs, CO 80923\nHome:\nAaron Hackman\n121\nEI Dorado Lane\nColorado Springs, CO 80919\nSincerely,\nAaron Hackman, BA, RT(R} CT\nManager, Imaging Services\nPenrose-St Francis Health Services\n719-571-1337\nFrom: eileen.edmonson@dot.gov [mailto:eileen.edmonson@dot.gov]\nSent: Thursday, October 13, 2011 9:22 AM\nTo: Hackman, Aaron\nSubject: My Contact Information\nEileen Edmonson\nTransportation Regulations Specialist\nPipeline and Hazardous Material Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE, PHH-12\nWashington, DC 20590\n202-366-4481 (w)\n202-366-7041 (f)\n202-366-3753 (info ctr fax)\nhttp://www.phmsa.dot.gov/hazmat (website)\neileen.edmonson@dot.qov (e-mail)\ninfocntr@dot.gov (Hazmat Info Center e-mail)\n1","truncated":false,"body_characters":5280}