{"operation":"document","citation":"19-0106","title":"Woodard & Curran, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-01-02","effective_on":null,"summary":"19-0106 response to Woodard & Curran, Inc. concerning 171.8, 172.101, 172.301, 172.432, 173.134, 173.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0106.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0106.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0106","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73111/190106.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration JAN D 2 20W\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nKelly V. Camp, CHMM, CPEA\nSenior Project Manager\nWoodard & Curran, Inc.\n33 Broad Street\nFloor 7\nProvidence, RI 02903\nReference No. 19-0106\nDear Ms. Camp:\nThis letter is in response to your August 16, 2019, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazard communication\nrequirements for regulated medical waste. Specifically, you provide a variety of scenarios\nregarding shipments of regulated medical waste.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask whether a package of regulated medical waste marked with a \"BIO HAZARD\"\nmarking in black ink on the package with no orange or orange-red background complies\nwith§ 173.134(c)(l)(i).\nAl. The answer is no, if the \"BIOHAZARD\" marking does not conform with 29 CFR\n1910.1030. In accordance with§ 173.134(c)(l)(i), a package ofregulated medical waste\ntransported by private or contract carrier is excepted from the \"INFECTIOUS\nSUBSTANCE\" label if the outer packaging is marked with a \"BIOHAZARD\" marking in\naccordance with 29 CFR 1910.1030. As noted in your request, 29 CFR\n1910.1030(g)(l)(i)(C) specifies \"[t]hese labels shall be fluorescent orange or orange-red\nor predominantly so, with lettering and symbols in contrasting color.\" You may wish to\ncontact the Occupational Safety and Health Standards (OSHA) for clarification on\nwhether your scenario meets the requirements of 29 CFR_ 1910.1030(g)(l)(i)(C). If the\n\"BIOHAZARD\" marking does not conform to 29 CFR 1910.1030, the package must\ndisplay the § 172.432 infectious substances label.\nQ2. You ask whether regulated medical waste placed in red bags that are further placed inside\nan outer package meets the exception of29 CFR 1910.1030(g)(l)(i)(E).\nA2. See Al. You may wish to contact OSHA for clarification on whether your scenario\nmeets the requirements of29 CFR 1910.1030(g)(l)(i)(E).\n\n<<<PAGE 2>>>\n\nQ3. A3. Q4. A4. You ask whether closure instructions are required for a package of regulated medical\nwaste offered in accordance with the exceptions in § 173 .134( c ).\nThe answer is no. In accordance with§ 178.2, closure instructions are required for DOT\nSpecification or UN standard packaging. Both§§ 173.134(c)(l) and (2) provide\nexceptions for regulated medical waste, including packaging regulated medical waste in\nrigid non-bulk packaging conforming to the general packaging requirements of§§ 173.24\nand 173.24a and the packaging requirements specified in 29 CFR 1910.1030. Therefore,\nwhen meeting these requirements, as well as the additional requirements in\n§§ 173.134( c )(1) or (2), the regulated medical waste is not subject to DOT Specification\nor UN standard packaging requirements, and thus is not required to have closure\ninstructions.\nYou provide photos of packaging for regulated medical waste and ask whether the\nmarking \"UN 3291 N.O.S. 6.2, PG II\" complies with§ 172.301(a).\nThe answer is no. As mentioned in your request,§ 172.301(a) requires that except as\notherwise provided by the subchapter, non-bulk packaging must be marked with the\nproper shipping name and identification number (preceded by \"UN\", \"NA\", or \"ID\", as\nappropriate) of the hazardous material(s) being offered for transportation. As .listed in the\n§ 172.101 Hazardous Materials Table, the proper shipping name for UN3291 is\n\"Regulated medical waste, n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO) Medical\nwaste, n.o.s., or Biomedical waste, n.o.s. or Medical waste, n.o.s\". As defined in § 171.8,\n\"N.O.S.\" means \"not otherwise specified,\" and is not an appropriate proper shipping\nname for UN3291 or any hazardous material. Therefore, the marking on the packaging\npictured in your request does not meet the requirement of§ 172.301(a) to mark the non-\nbulk package with the proper shipping name of the material being offered for\ntransportation.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n/Jl/f1:fffi\nUr;;{, ~re~\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDodd, Alice (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject:\nAttachments:\nFriday, August 16, 2019 4:34 PM\nHazmat Interps\nFW: Questions on Marking and Labeling for Regulated Medical Waste\n2019.08.16 DOT Letter.pdf\nHi Alice and lkeya,\nPlease see the letter of interpretation request below.\nThanks,\nKathryn, HMIC\nFrom: Kelly Camp [mailto:kcamp@woodardcurran.com]\nSent: Friday, August 16, 2019 3:58 PM\nTo: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov>\nSubject: Questions on Marking and Labeling for Regulated Medical Waste\nPlease see the attached letter for questions on the DOT regulations. We look forward to your reply.\nKelly\nKelly V. Camp CHMM, CPEA\nSenior Project Manager\nWoodard & Curran\n33 Broad Street, Floor 7 I Providence, RI 02903\n(401) 427-1322 (office) I (401) 275-3509 (mobile)\nwww.woodardcurran.com\nCOMMITMENT & INTEGRITY DRIVE RESULTS\n1\n\n<<<PAGE 4>>>\n\nCOMMITMENT & INTEGRITY\nDRIVE RESULTS\n33 Broad Street i One V'veybosset i+II\nFloor 7\nProvidence, Rhode Island 02903\nwww.woodardcurran.com\nT 800,985.7897\nT 401.273,1007\nF 40i ,273.5087\n~\n..... ~\nWOODARD\n&CURRAN\nVia Electronic Mail\nAugust 16, 2019\nMr, Shane Kelley\nDirector, Standards and Rulemaking Division\nU,S, DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Kelley:\nI work for a consulting company. One of our clients was recently provided with packages for shipping\nregulated medical waste. These questions apply to these packages and the marking and labels printed\non them.\n1. 49 C.F.R. §173.134(c)(1 )(i) states that a regulated medical waste transported by a private or contract\ncarrier is excepted from the requirement for an \"INFECTIOUS SUBSTANCE\" label if the outer\npackaging is marked with a \"BIOHAZARD\" marking in accordance with 29 C.F.R. §1910.1030. 29\nC.F.R. §1910.1030(g)(1 )(i)(C) states that these labels shall be fluorescent orange or orange-red or\npredominantly so, with lettering and symbols in a contrasting color, To comply with 49 C.F.R.\n§173.134(c)(1)(i), does a box marked with a BIOHAZARD mark in black ink on the box with no orange\nor orange-red background comply? A picture of the marking is below.\n2. 3. Related to the above, 29 C.F.R. §1910.1030(g)(1)(i)(E) states that red bags or red containers may\nbe substituted for labels. Although red bags are used inside the boxes, since they are not visible at\nthe time of shipment, it would seem that the biohazard marking must be present. Please confirm.\n49 C.F.R. §173.22(a)(4) requires that for a DOT Specification or UN standard packaging subject to\nthe requirements of 49 C.F.R. part 178, a person must perform all functions necessary to bring the\npackage into compliance with 49 C.F.R. parts 173 and 178, as identified by the packaging\n\n<<<PAGE 5>>>\n\n~\n4. ~~\nWOODARD\n&CURRAN\nmanufacturer or subsequent distributor and that for other than a bulk package or a cylinder, a person\nmust retain a copy of the manufacturer's notification, including closure instructions. If regulated\nmedical waste is shipped under the exceptions in 49 C.F.R. §173.134(c), please confirm that no\ninstructions are required to be provided by the packaging manufacturer or retained by the shipper.\n49 C.F.R. 173.301 (a) requires that, except as otherwise provided by the DOT regulations, each\nperson who offers a hazardous material for transportation in a non-bulk packaging must mark the\npackage with the proper shipping name and identification number (preceded by \"UN\", \"NA\" or \"ID,\"\nas appropriate). For regulated medical waste, packaging is provided by the regulated medical waste\ndisposal company and it is marked as shown in the pictures below of all four sides. Information\nidentifying the company that supplied the boxes has been blocked. The only other information added\nis a label that includes the generator name, address, and phone; transporter name, address, and\nphone; and a bar code for tracking the package. Does this marking comply with DOT's marking\nrequirements?\n0225138.03 2 Woodard & Curran, Inc.\n2019.07.09 US DOT Washington DC Request August 16, 2019\n\n<<<PAGE 6>>>\n\n~\n..... ~\nWOODARD\n&CURRAN\nPlease contact me at 401.427.1322 or kcamp@woodardcurran.com if you need additional information.\nWe look forward to your prompt reply so that we can ensure compliance with DOT regulations. Thank\nyou.\nSincerely,\nWOODARD & CUR~N, INC.\n' ' I l\n/ /;/J ,' /' ,, ,, ' . )\n'.Kell~ V Ca~. • ~~IAM, CPEA \" / ,\n, Seni~r Project Manager\nKVC/dam\nPN: 0225138.03\n0225138.03 3 Woodard & Curran , Inc.\n2019.07.09 US DOT Washington DC Request August 16, 2019","truncated":false,"body_characters":8747}