vehicle (CTMV) or other bulk packaging?
Posted: Tue Dec 17, 2024 5:52 am
6. Question: Is an incident report required if the consignee, during the loading/unloading operation, discovers a leak from a cargo tank motor
Answer: If an incident occurs while the carrier delivering the hazardous material is observing or participating in the unloading operation, the incident must be reported because the carrier is considered to be in possession of the hazardous material at that point—i.e., the incident occurred. during transportation. For these incidents, the carrier transporting the hazardous material or other bulk packaging must complete a DOT Form F 5800.1 Hazardous Materials Incident Report.
However, if an incident occurs or is discovered while a consignee is unloading a hazardous 99 acres database material from a transportation vehicle or emptying a bulk packaging after the carrier has delivered the material and left the premises, the incident does not need to be reported because the incident occurs or is discovered after the transportation has been completed. Therefore, the consignee is not required to file a DOT Form F 5800.1 report for an undeclared shipment or a damaged or leaking shipment that is discovered after the carrier has delivered the hazardous material.
Please note that such releases may be subject to local, state, or federal reporting requirements. We recommend that you contact the U.S. Environmental Protection Agency (EPA) at 1-800-424-9346. Additionally, if a person is injured or killed, reporting may be required to the Occupational Safety and Health Administration (OSHA)—OSHA’s 24-hour hotline is 1–800–321–6742. See 29 CFR 1904.39 for requirements specific to reporting deaths, hospitalizations, amputations, and vision loss resulting from work-related incidents to OSHA.
7. Question: Under § 171.16, a hazardous materials incident report (DOT Form F 5800.1) must be filed when an undeclared hazardous material is discovered. What is an "undeclared hazardous material"?
Answer: As defined in § 171.8, an undeclared hazardous material is a hazardous material that is subject to any hazardous communication requirements and is offered for transportation in commerce without any visible indication to the person accepting the hazardous material for transportation that a hazardous material is present. .
Additionally, undeclared hazardous materials provide no indication on the accompanying shipping document, or on the exterior of a transport vehicle, cargo container, or package to the person accepting the hazardous material for transport that a hazardous material is present.
8. Question: What information is required on the incident report form for an undeclared shipment?
Answer: The nature of an undeclared shipment is such that complete information about the shipment may not be known at the time of discovery. If the undeclared shipment is discovered because material was released from the package during transport, the information in Parts II and III of the incident report should be completed to the extent that specific information is known.
Similarly, Parts IV and V of the incident report should also be completed. If the undeclared shipment is found and no contents have been released from the package, the person filing the report should provide as much information as possible, including the carrier information in item 10 of Part II, the shipper/consignor information in item 11 of Part II, and the shipment origin and destination information in items 12 and 13 of Part II.
For all reports involving undeclared shipments, the events leading up to the discovery of the undeclared shipment should be included in Part VI of the report. Finally, for all reports involving undeclared shipments, Part VIII should be completed to provide contact information. In the case of information that is not known at the time the undeclared shipment is discovered, an indication in the report that the information is not known is acceptable.
Answer: If an incident occurs while the carrier delivering the hazardous material is observing or participating in the unloading operation, the incident must be reported because the carrier is considered to be in possession of the hazardous material at that point—i.e., the incident occurred. during transportation. For these incidents, the carrier transporting the hazardous material or other bulk packaging must complete a DOT Form F 5800.1 Hazardous Materials Incident Report.
However, if an incident occurs or is discovered while a consignee is unloading a hazardous 99 acres database material from a transportation vehicle or emptying a bulk packaging after the carrier has delivered the material and left the premises, the incident does not need to be reported because the incident occurs or is discovered after the transportation has been completed. Therefore, the consignee is not required to file a DOT Form F 5800.1 report for an undeclared shipment or a damaged or leaking shipment that is discovered after the carrier has delivered the hazardous material.
Please note that such releases may be subject to local, state, or federal reporting requirements. We recommend that you contact the U.S. Environmental Protection Agency (EPA) at 1-800-424-9346. Additionally, if a person is injured or killed, reporting may be required to the Occupational Safety and Health Administration (OSHA)—OSHA’s 24-hour hotline is 1–800–321–6742. See 29 CFR 1904.39 for requirements specific to reporting deaths, hospitalizations, amputations, and vision loss resulting from work-related incidents to OSHA.
7. Question: Under § 171.16, a hazardous materials incident report (DOT Form F 5800.1) must be filed when an undeclared hazardous material is discovered. What is an "undeclared hazardous material"?
Answer: As defined in § 171.8, an undeclared hazardous material is a hazardous material that is subject to any hazardous communication requirements and is offered for transportation in commerce without any visible indication to the person accepting the hazardous material for transportation that a hazardous material is present. .
Additionally, undeclared hazardous materials provide no indication on the accompanying shipping document, or on the exterior of a transport vehicle, cargo container, or package to the person accepting the hazardous material for transport that a hazardous material is present.
8. Question: What information is required on the incident report form for an undeclared shipment?
Answer: The nature of an undeclared shipment is such that complete information about the shipment may not be known at the time of discovery. If the undeclared shipment is discovered because material was released from the package during transport, the information in Parts II and III of the incident report should be completed to the extent that specific information is known.
Similarly, Parts IV and V of the incident report should also be completed. If the undeclared shipment is found and no contents have been released from the package, the person filing the report should provide as much information as possible, including the carrier information in item 10 of Part II, the shipper/consignor information in item 11 of Part II, and the shipment origin and destination information in items 12 and 13 of Part II.
For all reports involving undeclared shipments, the events leading up to the discovery of the undeclared shipment should be included in Part VI of the report. Finally, for all reports involving undeclared shipments, Part VIII should be completed to provide contact information. In the case of information that is not known at the time the undeclared shipment is discovered, an indication in the report that the information is not known is acceptable.