Returning Hazmat Safely

Understanding Reverse Logistic and Returning Hazardous Materials

For most of us in the industry we fall under the definition of a hazmat employee or hazmat shipper and fall under the training requirement listed under 49 CFR § 172.704 and never have to deal with returns of hazardous materials. We simply identify, classify, package, mark, and label the same products with similar amounts of quantity and they are on their way to be forgotten about until a new shipment order comes in. But what happens when the consumer decides to return one of these hazardous materials?

That’s when reverse logistics and individuals who may not deal with this type of stuff daily come into play. According to the Hazardous Materials Regulation (HMR), reverse logistics is defined as:

“The process of offering for transport or transporting by motor vehicle goods from a retail store for return to its manufacturer, supplier, or distribution facility for the purpose of capturing value (e.g., to receive manufacturer’s credit), recall, replacement, recycling, or similar reason.” (§ 171.8)

To qualify for reverse logistics exceptions, the shipment must meet the requirements of (§ 173.157(a)), not be considered a hazardous waste as defined by (§ 171.8), while also meeting any requirements of US DOT Special Permit requirements if applicable. It should also be noted that reverse logistic shipments of hazardous materials can only be shipped by highway. This means overnight or expedited shipments are limited due to not qualifying for other modes of transportation such as air, vessel, or rail.

When choosing to ship via non-private carrier such as US Postal Service (USPS), you must also meet all their requirements and policies as they are the sole source for regulation regarding mail. When not shipping via USPS and choosing a private carrier, the hazardous material must also be authorized for limited quantity provision and explicitly authorized for reverse logistics. To determine if the shipment is eligible for limited quantity exceptions, you can simply check Colum 8A of the Hazardous Materials Table (HMT) (§ 172.101). If not listed in the class or division of the HMT, then the hazardous material would not be considered eligible for reverse logistic exception.

It should also be noted that, private carriers are also subject to the following requirements for:

• Division 1.4G consumer fireworks
• Division 1.4G or 1.4S fireworks, Division 1.4G ammunition, or Division 1.4G or 1.4S flares sold in retail facilities
• Flammable liquid-powered equipment:
• Flammable gas-powered equipment
• Division 2.1 or 2.2 compressed gases, weighing less than 66 pounds and sold as retail products

If you made it this far, I am sure you’re wondering how I am supposed to remember or know the above information if this is the first time I am even hearing about reverse logistics. Well, thankfully the HMR provides alternate training requirements for employees and employers to ensure their employees are safe. Under § 173.157(e)):

Any person preparing a reverse logistics shipment (that is, from the retail store to the supplier, manufacturer, or distributor) must have clear instructions for preparing the shipment. Instructions should include information on proper classification, packaging, marking, offering, and transportation. These instructions must be provided by the supplier, manufacturer, or distributor, or via hazmat training (per § 172.704).

Employers who do not provide training detailed under § 172.704 must, pursuant to (§ 173.157(e)):

• Identify the hazardous materials subject to the reverse logistics provisions.
• Verify compliance with the conditions and limitations in the HMR.
• Ensure that clear instructions are provided by the manufacturer, supplier, or distributor associated with product’s origination or destination, and that these instructions are known and accessible to the employee at the time they are preparing the shipment.
• Document that employees are familiar with the requirements for reverse logistics shipments, as well as the specific return instructions for the products offered. Documentation must be retained while the employee is employed and 60-days thereafter, or per the recordkeeping requirements under § 704(d).

This means you may have been shipping reverse logistics and not even known it based on the training requirements listed above. You may have thought you were simply just following the instructions provided to you by your employer for those one-off returns. Hopefully now you have a better understanding of reverse logistics or can put a name to what you have been doing all along. Either way, if you need more help understanding reverse logistics or hazmat training and compliance you can always reach out to at 412.249.1111 for a 100% FREE CONSULTATION and one of our dedicated team members will help you decide what industry leading training or compliance solution best fits your needs.

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