Are You Shipping Undeclared Hazmats?
Ignorantia juris non excusat.
It’s a Latin phrase that loosely translates to “Ignorance is no excuse of the law,” or at least that’s what they’ll say. It’s the legal principle holding that a person who is unaware of a law may not escape liability for violating the law merely because one was unaware of its content.
So…Are you sure you’re not shipping undeclared hazardous materials?
Too often we hear the excuse “well that’s what we have always done” or “we just do that sometimes.” Doing the wrong thing, only some of the time, doesn’t make it the right thing. If you ship any of the following items, you may have inadvertently been shipping undeclared hazmats all along.
1. Lithium batteries (cellphones, laptops, cameras, some microwave ovens)
2. Patient specimens
3. Environmental samples
4. Dry ice
5. Scientific instruments with compressed gas cartridges/canisters/cylinders
6. Contaminated medical equipment
7. Magnetized material
8. Engines with fuel
9. Equipment with compressed air chambers or pistons
10. Blue asbestos/crocidolite
This is by no means a comprehensive all-inclusive list, but it gives you an idea of the type of items often overlooked by many shippers. Which leads us into some of the common mistakes made due to a lack of knowledge and understanding.
Scenario 1
Let’s say you know for sure the specimen your shipping is non-infectious and you always use ground transportation to accomplish your shipping needs. However, this time it must be shipped overnight to a farther location. You always package it with dry ice to ensure its freshness, but this time you select ship by air instead. So, what’s the big deal?
Dry Ice is not regulated by highway, however once offered by air, it falls under DOT and IATA regulations and requirements.
Scenario 2
Someone in the shipping and receiving department accepts a package with an article or substance, let’s say a lithium battery, only to realize it isn’t what they ordered. They decide to repackage it in a plain envelope or box and ship it out.
The issue here is the battery was improperly prepared for transport back to the supplier. The individual did not have the training needed to identify the material as hazardous and returned the incorrect product without correct labels and markings.
Scenario 3
The last scenario, an employee decides it is faster for them to just drive the hazardous material (self-transport) from one company location to another without thinking about applicable shipping requirements. Another common scenario involves the hiring of an untrained third party courier.
Unfortunately, in both scenarios, each modes of transport requires the transporter to be trained under 49CFR. It is important to understand what qualifies as “materials of trade” (MOT) exception under 49 CFR 173.6 to excuse oneself from the requirements.
While certainly harmless mistakes in the eyes of the responsible party, these are serious and often costly violations for the shipper. This is a prime example of how proper training can be worth its weight in gold. To stay up-to-date with the ever-changing world of hazardous materials transportation, make sure to follow us on Facebook, LinkedIn, and Twitter. You can also find us at learnhazmat.com or contact us at (724) 899-4100 and one of our team members will be waiting to help you achieve all your compliance and safety goals!
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