Frequently Asked Questions

If you are shipping any regulated material (including aerosols, paints, chemicals, batteries, just to name a few) you should be trained in the regulations and be aware of the hazards that your products pose. If you perform any of the following pre-transportation functions you will also need hazmat training: 

  • filling a container,
  • securing a container,
  • determining the hazard class of a material,
  • marking and labeling packages, 
  • reviewing shipping papers,
  • certifying shipping papers,
  •  placarding
  • and providing emergency response information. 

This would make you a hazmat employee and fall under the requirements of 49 CFR.

If you are still not sure, please contact us at 724.580.1040 or email us at [email protected]

 
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That is our specialty! We conduct classroom as well as "hands on" training of actual tank cars and trucks. We provide detailed information on grounding and bonding, industry standards for securement techniques and best practices that will improve comprehension and understanding of the rules and regulations. Our training is designed for the person that conducts the loading and unloading of these bulk containers.  Our training has been developed by industry experts and reviewed by Federal Inspectors for accuracy.

View more about our Railcar Training Today!

View more about our Tank Truck Training Today!

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Absolutely!  We assist companies that transport by rail, vessel, airplane or truck. TCA's industry professionals manage our clients shipping operations by providing a complete compliance program to fit your needs or providing the following services: hazmat consulting, regulatory compliance auditing, security vulnerability studies, transportation classification, rail car tracking and tracing, ship guides and more. TCA personnel are experienced in truck fleet operations, rail, tank car, iso tanks and air cargo and vessel shipments. We are well versed in MTSA security, CFATS, Security and DOT Security Plans.

Learn more about our Hazmat Services Today!

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DOT, ground shipment training needs to be completed every 3 years. Also, employees are required to re-trained if their job position changes, or a change in regulation that affects their position. IATA, air shipment training needs to be completed every 24 months. IMDG, vessel shipment training needs to be completed every 3 years.

Some specific training is often overlooked such as Rail Safety Training.  If your company personnel are doing rail car switching activities using a Trackmobile, or Switch Engine it is imperative that your personnel be trained and have specific safety procedures to follow.  We can help you meet those challenges.

View more about our Hazmat Training Today!

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 As your compliance partner, TCA is available after training and throughout the length of the certification to answer additional questions for our clients. We are your hazardous material compliance partner.  We will provide DOT Interpretation of the regulations to help you navigate the regulatory maze.

If you are still not sure, please contact us at 855.637.9566 or email us at [email protected]

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TCA provides a variety of HAZMAT, OSHA and Truck Driver Safety Trainings. We can be a one stop shop for your training needs!

Learn more about our Hazmat Training, OSHA Training and Truck Driver Safety Training Today!

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Yes. Consumer Commodities are listed as ORM-D in the hazardous materials table §171.101.

Learn more about our DOT 49CFR Training,

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The DOT training requirements can be found in 49 CFR (Code of Federal Regulations) 172.704 and will cover the following areas:

 

  • General awareness/familiarization
  • Function-specific, training
  • Safety
  • Security awareness
  • In-depth security training, if a security plan is required

 

It is also important to note that recurrent DOT training is require at least once every three years, and it is the responsibility of each hazmat employer to create and retain a record of current training for each hazmat employee, inclusive of the preceding 3 years, in accordance with this section for as long as that employee is employed by that employer as a hazmat employee and for 90 days thereafter.

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DOT requires training at least once every three years.  IATA training is required every 24 months.

Employees are required to re-trained if their job position changes, or a change in regulation that affects their position.

View our Training Options to become certified today!

 

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Per 49 CFR (Code of Federal Regulations) 171.8 (i), a Hazmat employee means:

(1) A person who is:

(i) “Employed on a full-time, part time, or temporary basis by a hazmat employer and who in the course of such full time, part time or temporary employment directly affects hazardous materials transportation safety;”

The layman’s explanation would be: A person who is employed by a hazardous materials employer and directly affects hazardous materials (hazmat) or dangerous goods transportation safety. For the full definition of who is considered a hazmat employee and many more check out 49 CFR 171.8 as it lists the definitions and abbreviations in alphabetical order for many of your hazmat needs.

You can find the electronic version HERE.

Here are some every day examples of common situations that make you a “hazmat employee”:

if you hand out placards to a driver, those placards are going into transportation and therefore you are a hazmat employee. If you fill any size container or secure a package that will enter into transportation, then you are a hazmat employee because you are affecting transportation safety.  Other pre-transportation functions include marking, labeling, determining a hazard class of a material, providing emergency response information or verifying information on a shipping paper. 

If you are still not sure, please contact us at 724.899-4100 or email us at [email protected]

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A hazmat registration, is a fee which can be found in the 49 CFR Part 1097, Subpart G( §§ 107.601 - 107.620). The program became implemented in 1992 by the DOT (department of Transportation) and provides funds for grants distributed to the United States and Indian tribes for hazardous materials emergency planning and training and is administered by PHMSA (Pipeline and Hazardous Materials Safety Administration). Offerors and transporters of certain quantities and types of hazardous materials, including hazardous wastes, are required to file an annual registration statement with the U.S. Department of Transportation and to pay a fee. For a more in-depth look at the process and requirements click HERE.

 

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Civil penalties are typically issued to the employer while criminal penalties can be imposed on both the employer and employee.  There are situations where repeat offenders could incur a “Personal Liability” under the civil penalty laws.

Federal hazardous materials law has capped the civil penalty amount to $79,970 per day, per violation from its previous $78,376 (49 U.S.C. 5123(a)(1)). PHMSA has also set a $250 minimum as the civil penalty except for training violations which are set at $450.

If the violation(s) warrant the initiation of a civil penalty enforcement case, it is then referred to PHMSA’s Office of Chief Counsel (OCC). Once the OCC receives the violations an attorney prepares a Notice of Probable Violation. The company has two options once they receive the Notice of Probable Violation:

  1. Pay the penalty or
  2. Provide information in its defense

If the company submits information for their defense, it is then evaluated by the Chief Counsel. Should they determine a penalty should be assessed, an Order is issued which makes the formal findings a violation and a civil penalty is assessed. If the company still refuses to pay the penalty, the debt collection procedures are initiated.

It is important to understand your role and responsibilities.

 

 

 

 

 

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 A civil penalty would be something that is not intentional; such as misspelling the proper shipping name on your shipping paper, not being properly trained or misclassifying a hazardous material for shipment.

 A criminal penalty is knowingly and willfully violating the regulations; such as knowing your product is hazardous and not classifying or shipping it per regulations.  It can also be imposed if you had a total disregard for the safety of others.  As in the Value Jet incident ValuJet Flight 592, with 110 people on board, plunged into the Everglades after taking off from Miami International Airport , May 11, 1996.  A total of 144 Oxygen Generators were purposely placed on an aircraft and marked as empty and the shipper knew they were full.  They were improperly secured, labeled and packaged in the cargo hold of the plane. Now, because of the ValueJet incident, the DOT Hazardous Materials Regulations now prohibit oxygen generators from transport on passenger aircraft. [49 CFR 172.101]

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The regulations state anyone who is involved with the shipment of the hazardous materials whether it be packaging, marking, labeling, placarding or filling out the shipping paperwork, all of those actions are considered pre-transportation functions which would require a person to be trained.

Learn more about our DOT Training!

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An overpack, as defined in the IATA Dangerous Goods Regulations is an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage. 

Learn more about our Hazmat & Dangerous Goods Training!

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Any markings and labels contained on the specification packagings on the inside of the overpack must be transposed to the outside of the overpack.

Learn more about our Hazmat & Dangerous Goods Training!

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No, It will depend on the material and if it is not forbidden for shipment by limited quantity.

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No, Limited quantities must be shipped in a combination package.

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The hazardous materials table is in section 172.101 of 49 CFR (Code of Federal Regulations). Within the table, there are 8 columns that cover the listed materials requirements for shipping.  (1) Symbol, (2) Hazardous Materials Description and Proper Shipping Name, (Hazard Class or Division, (3) Identification Number, (4) Identification Number, (5) PG- Packing Group, (6) Label Code, (7) Special Provisions, and (8) Packing- (8A) exceptions, (8B) Non-Bulk, (8C) Bulk.

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Yes, in the event that you are shipping both hazmat and non hazmat you can either list the hazmat first, highlight the hazmat entries, or use a different color type to differentiate the hazmat’s from the non-hazmats or if you have a HM column on your bill of lading, place and “X” in the HM column next to each hazmat entry.

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Your shipment is in commerce when it is placed on any public road or highway. It is connected to DOT because regulations apply to the shipments of hazardous materials when they are in commerce. If you are just transporting the hazardous materials around your facility and never crossing a public highway you are not in commerce then the regulations do not apply. Railcars are always in commerce because they are always on their tracks or road and therefore in commerce at all times.

View more about our Training Today!

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A Combustible Liquid is only recognized in North America and is 141 degrees F or higher .  A Flammable Liquid is recognized nationally and is 60-140 degrees F.

 

It is a hazardous material that is packaged in a form intended for suitable retail sale. They are generally small packages. The shipping name includes items such as Cosmetics, Paints, Aerosols, Medicines, Nail Polish, etc.

Yes.  As a hazardous materials shipper, you are required to train your employees involved in shipping Consumer Commodity shipments by Ground or Ocean every 3 years, by Air every 2 years.

ORM-D is an acronym for Other Regulated Material- Domestic for DOT shipping.  Until December 31, 2020 it will continue to mean:

Per the US 49 CFR

A material such as a Consumer commodity, Cartridges, small arms, Cartridges, power devices (used to project fastening devices), Cartridges for tools, blank, and Cases, cartridge, empty with primer, which, although otherwise subject to the regulations of this subchapter, presents a limited hazard during transportation due to its form, quantity and packaging. The article or substance must be a material for which exceptions are provided in Column (8A) of the §172.101 Hazardous Materials Table.

After December 31, 2020 ORM-D will no longer be used, and DOT shippers will be required to switch over to the Limited Quantity (diamond shaped label with black shaded on top and bottom).

January 1, 2021 is the mandatory compliance date for ground shipment, but many ground shippers have voluntarily switched over the LTD. QTY label in preparation for the coming change.

  • Placarding of trucks is not required.
  • A signed shippers certfication is not required for GROUND shipments.
  • UN approved packaging is not required.

Yes, and no.

Internationally - they require a Class 9 Miscellaneous Hazard Label.

Domestically - they require a rectangular ORM-D Marking or "ORM-D Air" for shipments by UPS Air or USPS.

ORM-D is the Domestic Classification for ground shipments.  Class 9 is the classification by IATA for Air shipments.  The ORM-D rule has been extended to be used until December 31, 2020. As of January 1, 2021 it will no longer be used and you will have to ship using the limited quantity exception.

The short answer is Yes. If you ship, receive, or handle ANY hazardous materials in the US, you fall under the requirements of 49 CFR (Code of Federal Regulations). This of course would make you a hazmat employee who needs hazmat training. The DOT training requirements can be found in section 172.704 of the Code of Federal Regulations. It is also important to note the regulations specify if you pack, mark, label, placard or fill out the shipping paperwork you too perform a pre-transportation function and would require DOT training. It is often common for people to think DOT training is just for warehouse personnel and drivers which can be a costly mistake. If you’re still uncertain about what all this means, make sure to check out our blog post about Hazmat training.

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The DOT requires that any hazmat employee training must receive the following trainings:

  • General awareness
  • Function Specific
  • Safety
  • Security

Once trained in these areas the employee must receive certification by the employer that the employee is capable of performing those functions.The employer must keep a copy of the record of training which includes:

  • Employees name
  • Most recent completed training date
  • The name and address of the person providing the and
  • A description, copy, or the location of the training materials used to meet the requirements
  • Certification that the hazmat employee has been trained and tested.

TCA has several training options and we will be glad to discuss which training would meet your specific needs.: Onsite, Webinar and Online.

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Some materials are excepted from the regulations in very small quantities and some are able to be shipped with a set of limited regulations.  However, even though they are excepted or shipped as a limited quantity these materials are still regulated and in order to know the difference you need to be trained.

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Not to be confused with a hazardous substance or hazardous chemical, a hazardous material is defined as: a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has been designated as hazardous. The common misnomers of hazardous substance or hazardous chemicals are defined as:

Hazardous Chemical- Hazardous chemical means any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified. As defined by 29 CFR 1910.1200(c)

Hazardous Substance- Is defined by the EPA as any substance defined as hazardous through its designation in 40 CFR 302.

Although each one may reference each other in their regulations, it would be a costly mistake to interchange their meanings and compliance standards.

 

 

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If you are considered a hazmat employee, then you are required by law to be trained. DOT regulations provide for civil and criminal penalties. You and your employer can be assesses a penalty for not being properly trained.

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Yes if you ship by air, you will need IATA/ICAO training. If you ship by vessel, you will IMDG training. If you ship by ground, you will need DOT 49 CFR training.

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Anyone who ships, receives or handles hazardous materials that would affect air transportation.  If you load, unload, fill, package, mark, label, placard, select a package or complete a dangerous goods declaration you need to be trained.

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Anyone who ships, receives or handles hazardous materials that would affect transportation safety.  If you load, unload, fill, package, mark, label, placard, select a package, complete a shipping paper or hazardous waste manifest, segregate hazardous materials on a transport vehicle, block and brace hazardous materials, or classify a hazardous material you need to be trained.

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Every 24 months of the intial training.

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No. The IATA Dangerous Goods Regulations do not require that training be provided by an accredited or endorsed training provider. [IATA DGR 1.5] The IATA Accredited Training Provider program is a voluntary program.

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Dangerous goods are articles or substances which are capable of posing a risk to health, safety, property or the environment and which are covered under the IATA regulations.

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Although it is not required, we recommend that you have the IATA manual in front of you during the training.  You will need to be proficient in using the manual going forward.

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Yes. Training violations have a minimum fine around $450 per day.

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Anyone who ships, receives or handles hazardous materials that would affect vessel transportation.  If you load, unload, fill, package, mark, label, placard, select a package or complete a dangerous goods declaration you need to be trained.

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Every 3 years.

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TCA will reference the IMDG Code throughout the training. We would recommend that you have the manual in front of your during training.

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Dangerous Goods are solids, liquids or gasses that can harm people, other living organisms, property, or the environment. They are often subject to chemical reactions.

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Yes. Training violations have a minimum fine around $450 per day.

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YES, and by all modes of transit. (ground, air, and sea) Lithium cells and batteries are subject to these tests regardless of whether the cell is used to construct the battery or are a tested type.

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No you will not need any of the above requirements.  By ground and vessel shipment you will just need to provide the lithium battery marking on the outside of the package and or the “Primary Lithium Batteries Forbidden for Transport aboard Passenger Aircraft” or “Lithium Metal Batteries Forbidden for Transport Aboard Passenger Aircraft” or “Cargo Aircraft Only” label if it applies.

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  • Lithium ion cell ≤ 20 WH
  • Lithium ion battery ≤ 100 WH
  • Lithium metal cell ≤ 1 g
  • Lithium metal battery ≤ 2 g
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On the outside of the lithium battery mark where the single * is you will need the UN ID number for the battery type and where the ** is you will need the telephone number for additional information. The telephone number does not need to be monitored 24/7 but needs to be of a person that is knowledgeable about the shipment.

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Yes. You will need to meet subpart requirements of C-H in the 49 CFR manual section 172. You will need to provide shipping papers, marking, labeling, placarding, emergency response information, and training. You may also need to use UN performance level tested packaging if it is required.

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  • Lithium ion cell ≥ 20 WH
  • Lithium ion battery ≥ 100 WH
  • Lithium metal cell ≥ 1 g
  • Lithium metal battery ≥ 2 g
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Adequate instruction must be met for persons preparing or offering lithium cells/batteries for transport under Section II of Packing instructions 965- 970 to the extent of their responsibilities. Adequate instructions should include: classification of the lithium batteries being shipped, documented procedures for the lithium batteries being shipped, written work instructions or other documentation, including automated controls, a review and understanding of documented procedures, as they apply to an individual’s job functions, dated instruction records of all employees, refresher instructions provided a minimum of every 2 years, or as documented procedures or instructions are revised, or regulations are changed, reverse logistics, including aircraft limitations and applicable prohibitions.

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  • Lithium ion cell ≤ 20 WH
  • Lithium ion battery ≤ 100 WH
  • Lithium metal cell ≤ 1 g
  • Lithium metal battery ≤ 2 g
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Our courses cover the training you need to ship hazmats by Fedex, UPS, DHL and so on. DOT is for US ground shipments. IATA is for air shipments. IMDG is for vessel shipments. TDG is for Canadian ground shipments. ADR is for Europeon ground shipments. 

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Our training IATA danagerous goods training covers categories 1-4 currently. We are in the process of creating a supplement course for categories 5-12. 

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IATA is just an Association it is not a regulatory body. ICAO is the regulatory body.  IATA promotes their classes as certified, but they are really just promoting their Association.  There classes are very good but our are much less expensive and you still can become certified which is recognized by the federal agencies. 

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YES! With our online computer based training, you will be able to download the certificate upon successfully completing the final test. With our webinars and onsite training, we will issue a certificate once the training and testing has been completed. 

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Call your local DMV about obtaining your hazmat endorsement.

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An Infectious substance is a substance known or reasonably expected to contain a pathogen.

  • Must be assigned to:
  • Category A
    • UN2814
    • UN2900
  • Category B
    • UN3373
  • Medical waste
    • UN3291
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49 CFR is where the regulations are located in sections 100 thru 180. DOT is the federal agency responsible for enforcing the regulations.  HM126F training was the original final rule in the Federal Register that required DOT hazmat training to be given.  However the training is actually under 49 CFR 172.700-706. 

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The certification belongs to the person who completed the training, not to the company. 

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We do not differentiate between the two. Our training meets the requirements for initial and we provide the same training for refresher. 

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