Regulatory Helpdesk Sept 17

By September 21, 2018 May 13th, 2019 Regulations, Regulatory Helpdesk, Safety

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

Is Paperwork Required for my Shipment? (TDG)

Q: Do I need to send paperwork to ship a class 2.2 empty oxygen cylinder through ground in Canada?
A: The TDGR 2.14(b) classifies a compressed gas as Division 2.2 if it has no other hazard class properties and has an absolute pressure less than 280 kPa at 20O C. Thus, if the cylinder only contained a Class 2.2 gas without other subsidiary hazards and the pressure is now below 179 kPa gauge, then it’s not DG and the regulations don’t apply. This means that the Class 2.2 labels must be removed.

How do I ship a product that is regulated by DOT, but is not regulated by IMDG?

Q: Can you please help me with the following?
  • HazMat is Class 3 Combustible Liquid w/i U.S. (fp of 168 F).
  • It is shipped in IBC (bulk packaging) and non-bulk.
  • If to be shipped by vessel in an IBC it would be a Class 3 Combustible Liquid per US DOT but not a Class 3 per IMDG.
How would one ship this HazMat in a bulk packaging by vessel when it must first be transported by highway to reach the port? If shipped as a Class 3 Combustible Liquid it would not be acceptable per IMDG. If shipped non-regulated it would not be acceptable by US DOT.

A: This is a messy one. I really wish DOT would do away with combustible liquids all together. Your best option is to talk with the carrier, port authorities, vessel operator and/or importer.

It is exactly as you say. This is a combustible liquid in bulk under NA1993 that must get to the port. All of that requires regulation under DOT. However, once the vessel gets out of US jurisdiction, IMDG takes over and it becomes not regulated. To make that happen, someone at some point must remove/update all the marks, labels and documentation. The only way to do that is by speaking with those involved with the transit of this material.

There is a letter of interpretation out there that clouds the issue. It is attached. On the surface it looks like you can’t just remove the Combustible information. However, if you read it carefully, this letter only speaks to activities while still in the US and within the Port areas. I had to talk to a buddy of mine at PHMSA for that clarification. Add first interpretation here

Violations, Penalties, & Fines

Q: What is the fine (cost per day & per item) if there is ever a violation involving Hazmat? I remember you mentioned in training that the numbers could be quite high.

A: This is tough. It depends on the mode of transport, your history with inspectors, what the actual violation is and if there is a loss of life or property. It will also depend on if this is a civil or criminal violation. In class we simply reviewed the fines listed in 49 CFR for civil penalties that are assessed per violation per day. You can find the list at

The example I used in class was the following: For an undeclared shipment of hazmat in PG II offered for transportation without a proper shipping paper, package marking, label and placards has a baseline assessment of $20,000 per day.

Classification Questions

Q: I am currently working with a company on buying large quantities of their product and wanted to make sure I had all my ducks in a row before going forward. Can you tell me what HAS to be on the label when packaging this product for re-sale? (Want to make sure that I don’t have to put something like “could cause cancer” on all my labels)

A: This is a tough one for ICC as we don’t have a lot of information. The final answer would depend on several things. The SDS says this is for commercial use only. What will your final packaging be in terms of size? Will you be selling this for industrial/workplace or professional use? Will it be sold to consumer/retail outlets like Lowes? How will the downstream user be using this product? How is the product currently labeled – OSHA or Consumer Products legislation?

If it is only being used in industrial/workplace settings, then an OSHA HazCom 2012 shipped container labeling will be needed. The statement about cancer and most of the information in Section 2 of the attached SDS would be required. Depending on your packaging that label would go on the inside or on the outside of the container. If you are selling to consumer/retail sales outlets then it is possible OSHA HazCom 2012 will not apply. US Consumer Product labeling would be required here. Both cases could require California Prop 65 information.

HazMat Training for Trainers

Q: Do hazmat trainers fall under the same recurrent training requirements as other hazmat employees?
A: The 49 CFR regulations are not very clear on this topic. However, the attached 2 letters of interpretation clarify things quite a bit. Basically, as long as the trainer is up to date on all the regulations and is knowledgeable there is no requirement. IATA does provide good details in which say essentially the same thing.

Karrie Ishmael

Karrie Ishmael

Karrie started with the company in 1988 and has worked in a variety of capacities including customer service, sales, management, and marketing. In her current role as Regulatory Manager, she manages and supports ICC's efforts in supplying value-added services including training and SDS services to our clients. She is knowledgeable in a variety of regulations. She actively participates in a multitude of associations including DGAC, COSTHA and is the former chair of SCHC’s OSHA Alliance Committee.