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Hazardous Material Transportation Safety - FAQs
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- Q: How do I know if a material is hazardous?
A: This is determined by the Department of Transportation in 49 Code of
Federal Regulations part 172.101 hazmat table or in 49 CFR 173.115-156.
You can look it up or simply ask your Transportation POC or SME for
guidance.
- Q: I've looked at the DOT regulations and they seem very complex.
What is their basic structure? (i.e., how are they arranged?)
A: Understanding the organization of the regulations contained in 49
Code of Federal Regulations (CFR) is important in using those
regulations. The organization may seem as complex as the text itself but
there is a “method to the madness”. The organization is as follows:
Title 49 Transportation
Subtitle B Other Regulations Relating to Transportation
Chapter I Research and Special Programs Administration
Subchapter C Hazardous Materials Regulations
Parts 171-177 Individual Topics
Subparts Assigned by a letter, example Subpart D
Sections Assigned by a number, example Section 101
Paragraph Assigned by a lower case letter in connection with section,
example 101(a)
Subparagraph Assigned by a number in connection with paragraph, example
101(a)(2)
Although this system appears to be cumbersome, the divisions are simply
a step-by-step procedure. As an example, if the regulations state that a
particular material is not subject to the regulations of “this
subchapter” (meaning Subchapter C), it means the material is not
regulated as a hazardous material and that you may consider that
material to not be a hazardous material for transportation purposes.
- Q: If a material turns out to be “non-hazdous” as per DOT, how do
I transport it?
A: If a material does not meet the definition of a “hazardous material”
as per Department of Transportation in 49 Code of Federal Regulations
part 172.101 hazmat table or in 49 CFR 173.115-156 , there are no
restrictions as to the way that you transport it. However, just because
a material is not considered hazardous by DOT doesn't mean that it can't
be harmful to people or the environment. Common sense must be used to
assure that the material is properly packaged and handled to prevent
injuries/spills. For example: Motor oil is not considered hazardous
under DOT, however if motor oil was spilled on site we are obligated to
report it and clean it up as per state and local regulations.
- Q: I want to transfer a sample between facilities on site are
there any special requirements?
A : Yes: You must follow either the Transfer of Hazardous Material
Onsite or the Transfer of Radioactive Material Onsite Subject Areas,
depending on the type of material.
- Q: Do I need to use a government vehicle to transport hazardous
material?
A: No: However, the only type of hazardous material that you are allowed
to transport are those which are considered to be Materials of Trade (MOT's).
MOT's have certain quantity limits based on the hazard class of the
material, see BNL MOT list. The lab does recommend that you use a
government vehicle when transporting MOT's that are work related, if
however you are driving on to site with your own vehicle and your own
mots it's ok to use your own vehicle. You must use a government vehicle
to transfer radiological material unless you have special permission
from your Facility Support Representative. Radioactive materials are NOT
MOTs for off-site transport.
- Q: Can I use my personnel vehicle to transport a hazardous
material?
A: Yes, but only for MOT's, a government vehicle is highly recommended
for MOT's related to BNL work. You cannot use a personnel vehicle for
transport of radioactive materials unless you have permission from an
FSS Representative.
- Q: I have a material that is on the MOT list but I am not sure
that it is packaged safely, what should I do?
A: Check the packaging requirements in the Subject Area Link and/or ask
your POC or SME.
- Q: I have 12 gallons of a material that is on the MOT list, but
the MOT list only allows 8 gallons, is it still ok just this one time?
A: No: the MOT tables are carefully set up by DOT to assure that the
hazards would be controllable in the event of an accident. By increasing
the amount of material emergency responders may be exposed to hazards
that they are not prepared for. This would also be a finable offense and
you could possibly be put in jail. You are better off having a shipper
ship for you or if possible make two trips.
- Q: I would like to bring some chemicals/sample to Stony Brook, do
I need to go through shipping and receiving or can I transport them in
my own vehicle?
A: It depends: If the chemicals/samples, their containers, and the
quantities qualify as materials of trade (MOTs), see the subject area
for transporting hazmat off-site or contact your POC or SME for
assistance, you then you can transport the material in your personal
vehicle. If any of the chemicals do not qualify as a MOT and they are
regulated by DOT as hazardous material (hazmat), then you must have them
shipped by a qualified BNL shipper (BNL shipping department). If the
chemicals are not regulated by DOT, you may transport them off-site in
your own vehicle. Note:
A Subject Matter Expert (SME) must make the regulatory
determinations.
- Q: I want to use my bike (or walk) to bring a bottle of acetone
to another building, is that OK?
A: Technically transporting a hazardous material in anything other than
a motorized vehicle is not covered by DOT. However, you must use some
common sense to assure that you do not put yourself or others at risk.
For example a glass bottle falling out of a bike basket would likely
break if it fell out, while a small can of dry material probably
wouldn't. Packaging is the most significant aspect to safely
transporting hazardous material; see your
POC or SME for
guidance.
- Q: Can I transport a compressed gas cylinder in my car trunk?
A: No. You may not transport a standard compressed gas cylinder (i.e.,
the 4.5 ft. tall cylinders) in the trunk of your car on-site or
off-site. Compressed gas cylinders must be transport in a government
vehicle and secured in that vehicle in accordance with OSHA regulations.
This includes using a vehicle equipped with a cylinder rack, the main
cylinder valve must be tightly closed and the cylinder cap must be
properly installed. See your
POC or SME for
information on transporting “lecture bottles” of compressed gases.
- Q: How come I can transport a propane cylinder for my barbeque
pit in my car, but I can't transport a compressed gas cylinder of
nitrogen from BNL to Stony Brook?
A: Brookhaven National Laboratory as a DOE Facility operates under much
more restrictive regulations than those applying to private individuals.
Therefore, a material transported by a private individual off site may
be exempt for Federal regulations, but may fall under DOE regulations
while being transported for laboratory purposes .
Detailed answer: The key to the answer is the definition of
“consumer commodity” which means a material that is packaged and
distributed in a form intended or suitable for sale through retail sales
agencies or instrumentalities for consumption by individuals for
purposes of personal care or household use. This term also includes
drugs and medicines. The Hazardous Material Transportation Act (HMTA)
and its associated Hazardous Material Regulations (HMR) apply only to
hazardous materials transportation in commerce. Transportation in
“commerce” is any transportation that is or affects interstate or
intrastate trade or traffic (in goods and/or services) in furtherance of
a commercial enterprise or business. When you purchase your propane tank
or cylinder for your barbeque pit, the propane and its cylinder become a
consumer commodity for your personal consumption for household use and
the transportation of the propane cylinder to your home is not in
commerce since that transportation does not affect intrastate trade or
traffic in furtherance of a commercial enterprise or business. Since the
transport is not in commerce, the HMR do not apply. It should be noted
that the Department of Transportation (DOT) as mandated the type of
packaging (i.e., container) that the propane must be in for retail sale
(i.e., the cylinder) which is why you won't find propane for use with
barbeque pits sold in plastic bottles or aerosol spray cans. It should
also be noted that transport of filled propane cylinders or bulk propane
from a distributor to a retail outlet is subject to the HMR since the
transportation is in commerce. If you ran a business whereby you
supplied barbeque services (meal preparation) for social events (e.g.,
parties, graduations, weddings, etc.), transportation of the propane
would be subject to the HMR (possibly as materials of trade depending on
quantity transported) since your activity meets the requirements of
transportation in commerce.
As for the compressed gas cylinder of nitrogen to Stony Brook, you can
transport it to Stony Brook but not in your personal vehicle. The
nitrogen cylinder is presumably part of research work conducted in
collaboration with BNL and will be consumed during that work. Nitrogen
as compressed gas is allowed as a material of trade (MOT) and BNL
requires that compressed gas MOTs be transported in a government vehicle
with a cylinder rack. The transportation of the cylinder meets the
requirements of transportation in commerce and is therefore subject to
the HMR as a MOT. Note: Even if you were the sole user of the cylinder
at Stony Brook, the cylinder does not meet the definition of a consumer
commodity because it is not for personal care or household use. Also,
the transportation of the nitrogen cylinder is in furtherance of a
commercial enterprise or business and is therefore in commerce and
subject to the HMR. Although BNL is a not for profit institution and
therefore not commercial, its business is science; Stony Brook is in the
education and science business and the research presumably furthers the
business that Stony Brook is in.
- Q: Can I send a bio-sample via federal express?
A: Federal Express (and other overnight carriers) have their own rules
and regulations. Many hazardous materials can be safely transported via
this method but you must declare what your material is and comply with
the specific requirements of that carrier.
- Q: A researcher from overseas is bringing a small (micro curie)
sample to BNL, can he carry it in his pocket on the plane?
A: No. Air transport of hazardous materials is subject to the rules of
IATA and IAEA and must be packaged, labeled, marked, and manifested
accordingly. Hand carrying hazardous materials on board a commercial
airliner is not allowed.
- Q: I have a research instrument that contains a hazardous
material and is pressurized. Can I rent a "U-Haul" and bring it from
another research lab to BNL?
A: It is possible depending on the type and quantity of the material; in
the past we have gotten special exemptions from DOT. You must contact
your SME or the TSO to determine this. Note: Obtaining an exemption from
DOT is not necessarily easy and may require many months to obtain it.
Also, DOT has the option of not allowing a proposed exemption if it
feels the proposed equivalent safety measures for transport are not
adequate.
- Q: I want to ship an infectious agent to another country by
plane, what are the requirements?
A: Infectious agents and other biohazards are covered under
(International Air Transport Association) IATA dangerous goods
regulations. As a minimum, all applicable IATA regulations must be met.
These include proper packaging, marking, labeling, shipping papers,
emergency response information, compliance with individual state (i.e.,
country) requirements (includes through and destination states),
compliance with operator variations (airlines), and compliance with
subsidiary hazard regulations if applicable (e.g., shipment is made
refrigerated with liquid nitrogen). Depending on what the infectious
substance is, quantity, and whether or not it affects animals or humans,
an export license may be required which will require DOE and State
Department approvals. The definition of an infectious substance is a
viable microorganism, or its toxin, that causes or may cause disease in
humans or animals. It includes agents listed in 42CFR72.3 of the
regulations of the Department of Health and Human Services and any other
agent that causes or may cause severe, disabling or fatal disease.
You must follow the subject area for off-site transport of hazardous
materials and the shipment must be prepared and tendered by a qualified
shipper. Due to the complexity of the required packaging and potential
approvals, do not wait until the last minute to request this type of
shipment.
- Q: I have an instrument being shipped from another lab to BNL, it
has a small amount of explosive material, and do I need to do anything
special?
A: Yes, all explosive material is considered hazardous material under
DOT and is strictly regulated. The shipper must comply with the
Department of Transportation Regulations and you must comply with the
Transportation of Hazardous Material Offsite section. In addition any
addition of explosive material must be reviewed and approved by the
laboratory first, see your ESH Rep for assistance.
- Q: I plan to ship a small bio sample two times per year do I need
to get trained?
A: No: you can get another person to handle the packaging and transport
for you that is trained, such as I&SM, or P&PM. However, you can't do it
yourself if you are not trained.
- Q: My hazmat employee training expired yesterday and I have a
sample that must be taken to NSLS today, it's time critical what can I
do?
A: You must call the TSO for special dispensation, or you can have
another qualified person transfer the material for you.
- Q: I don't have time to take the hazmat employee training; can I
just have someone else handle my shipping?
A: Yes, as long as they have been trained as a hazmat employee.
- Q: What should I do if I get into a vehicle accident while I am
transporting a MOT?
A: As with any vehicle accident the first thing you should do is assess
the condition of yourself and others and call for emergency help.
Depending on if you are on or off site the answer varies;
For on site accidents call 2222 or 911 from a lab phone, if the
hazardous material you are transporting is compromised notify the first
responders of the hazards of the material you are transporting and
provide them with any MSDS or SAMs in your possession.
- Q: I saw a barrel in the back of a pickup truck on-site, with a
green liquid leaking out the back, do I have any responsibilities to
report it to anyone?
A: Yes, you are required to report it as per the Spill Response Subject
Area, by calling 2222 or 911 from a lab phone.
- Q: I got conflicting guidance on how to package a hazardous
material, who should I believe?
A: The rules and regulations governing transportation of hazardous
materials are complex and in many cases subject to interpretation.
Different interpretations could result in conflicting guidance. If the
answer to your questions is not in the Subject Areas for the material
you are transferring you should contact a SME or TSO. They are trained
in the hazmat regulations and our internal documentation.
- Q: Who is the authority having jurisdiction for transportation
issues?
A: For offsite it is the Department of Transportation via 49 CFR, for
onsite it is the Transportation Safety Officer. The TSO can also provide
you guidance on the off site requirements.
Last Modified: March 16, 2012
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