"No Notice" Hazmat
Inspection
by the
U.S.
A Guide for Voluntary Compliance & Cost Control
By Robert M. Hinderliter,
President
RAHSCO Cleaning Systems of
Inspection Begins
On Tuesday April 30, 2002 at approximately 1:30 pm a DOT Inspector, Hazardous Materials Enforcement Specialist with the U.S. Department of Transportation, (who will be referred to as Mr. Inspector) stepped into the offices of Rahsco Cleaning Systems of Fort Worth and announced a "No Notice" Hazardous Materials Compliance Inspection in accordance with CFR Title 49 U.S.C. Section 5121(c). He was immediately introduced to Larry Hinckley, V.P and General Manager.
Inspection and Audit History
In today's environment audits and inspections are a part of Business and Personal Life. In the last 29 years Rahsco has had the following audit and inspections:
- Income Tax Audit
- Sales Tax Audits
- Insurance Audits
- OSHA Inspection
- Fire Inspections
- Safety Inspections by our Employee Leasing Service Provider
- Packaging and shipping paper Inspections by UPS
- Packaging and Bills of Lading Inspections by Common Carriers
Presently Rahsco is on an audit list for Hazmat with UPS and every package is inspected. If you get 3 UPS Violations within 90 days they will refuse to accept your Hazmat Packages.
UPS Hazmat Shipment with the Abie, the UPS Driver, and Laurie
At one point UPS was giving Rahsco Label Violations for not attaching UPS Hazmat Labels to UPS Packages. What was happening was that UPS Equipment was tearing off the Hazmat Labels. Rahsco resorted to taking Digital Pictures of the Hazmat Packages with the UPS Driver to prove that the Labels were attached when they left Rahsco's Care, Custody, and Control. Where upon UPS started to just returning to Hazmat Packages to Rahsco to reattach the Hazmat Labels. All but one of the violations was removed from Rahsco's Record.
Inspection Procedures
Larry handles most of the On-site Inspections and they are over with before Robert Hinderliter, President, even knows they are happening. The Inspectors usually put more trust and credibility in Larry than they do with Robert. It's like comparing a Service Person to a Sales Person. The Service Person generally has the most credibility with customers.
Violations or corrections are promptly taken care of. If possible corrections are made before the Inspector leaves the premises.
Remember the Inspectors are people too. They also have a job to do. If you treat them with respect and professionalism they normally will do the same. Often the inspectors will answer questions giving you valuable advice and successful procedures used by others.
This time after being introduced Larry called Robert over for a second introduction. After shaking hands Mr. Inspector explained the purpose of his visit to Robert. Robert's heart immediately dropped through the floor. All that Robert could think of was "This is what we have been getting ready for during the last 10 years, and now it is here!" Robert was unable to speak for a few moments, then meagerly uttered "Lets get started" to the surprise of Mr. Inspector and Larry. Robert never figured out what response Mr. Inspector expected. But when your mind is blank you just react, you go on "autopilot".
Robert decided not to follow the rule of "not showing anything not asked for", but decided to gather up everything Mr. Inspector could possibly want to inspect and place them on Larry's desk. We had worked very hard to be in compliance and if we did not brag on ourselves it was certain that no one else was going to. Robert informed Mr. Inspector that several Hazmat shipments for Motor Freight and UPS were ready for shipment and the shipping times so that he could schedule his inspection time before the shipment left the building.
Mr. Inspector explained to Larry that during the inspection he could service customers as needed and that he would not interrupt the conducting of normal business. Robert and Larry never spoke but both knew that Larry would devote full time to Mr. Inspector. The inspection was top priority.
Attitude, Cost Control, and Compliance
What elements contribute to a successful inspection? First and foremost is the attitude of the Management Staff to be in compliance with the Law. It was established that you had two choices for compliance: 1) Voluntary Compliance or 2) Involuntary Compliance accomplished by heavy fines that could jeopardize the financial stability of your company. The choices were not if you were going to have a Hazmat Expense but the best avenue of cost control. The Management Staff of Rahsco determined the best method of cost control was Voluntary Compliance.
Items Inspected and Observations
Some of the items inspected and observations by Mr. Inspector were:
- Employee Training Records
Testing Dates and records
New Employee Training
Retraining for current employees
All Employees are Hazmat Certified including office personnel.
Test Questions and logs
Test question review
Course curriculum
He picked out Larry's Records and inspected every question and his training log.
- Training Materials
DOT Training Materials
DOT Hazmat Training CD for computer self study
DOT Video for Hazmat General Awareness and Familiarization
Royal Custom Products Hazmat Course
American Trucking Association Hazmat Video Course
J.J. Keller Hazmat Training Video Program
ISSA DOT Hazmat Employee Training Program
- Hazmat Trivia questions for three Employees
Larry Hinckley, V.P. & General Manager
Rachel Reyes, LTL Shipping Clerk
Laurie Cole, UPS Shipping Clerk
- CFR 49 usage review for Robert M. Hinderliter to show that Gasoline Engine Pressure Washers with batteries shipped by Common Carriers were properly packaged with the correct Hazmat Labels.
- CFR 49 for current issue. Two copies, Robert's was well-used, marked, high lighted, and tagged for items applying to Rahsco.
- Product Labeling Requirements
Rahsco has decided to incorporate Product Information, Hazardous Material Code Ratings, 24/7 Emergency Responce Phone Number, and Hazmat Labels into one large label for quality control. That way when the proper label is applied to the product the correct Hazmat Labels are also applied. This reduces the possibility of human errors in labeling.
In our shipping department there is a permanent display of all our chemical and detergent products. Each item is displayed in the proper packaging with the correct shipping labels applied. Persons filling our Hazmat Position can refer to this display to ensure that all outbound shipments are properly labeled.
- UPS Hazmat Packages
Certification marks and labels
Opening of Hazmat Drums for interior inspection of contents
UPS Hazmat Certification Forms
UPS Hazmat Log Books
How to Track Hazmat Shipments
- LTL Hazmat Pallets
Pressure Washers with Batteries
Caustic Chemicals
Bills of Lading
- Hazmat Air Shipments
Because of the Valu-Jet
Disaster in
Air Shipments of Pressure Washers (virgin fuel tanks, no batteries, all test fuels purged) are certified by an outside company that specialized in Air Shipments Certification. Our International Freight Forwarder arranges this.
- Hazmat Shipping Records to see if they met the record-keeping requirement (This was one of Laurie's Hazmat Trivia Questions. All she could think of was "Robert keeps everything forever" when asked. After a short pause she answered 1 year which was the correct answer. Larry gave an example of 16 years).
- Placard Requirements
It is Rahsco's Policy to ship all Hazardous Materials by Common Carrier. Rahsco's owned and operated vehicles are used only to make limited local deliveries of Non-hazardous Chemicals and Detergents.
Presently Rahsco has not offered a Hazardous Shipment large enough to require placarding. When we do we will have to have the proper placards on hand and be registered with the DOT. We chose not to register now because we thought it would make us more likely to have a Hazmat Inspection. Didn't work!
- Rahsco's Hazmat Shipping Requirements
If there is any doubt about proper labeling, shipping papers, or packaging we do not ship. Shipments have been held up several days until these issues were resolved.
Rahsco requires our suppliers to properly package, label, and certify Hazmat Packaging. We have changed suppliers when they refused to do this. All Hazmat Packages are reviewed for correctness.
Rahsco stopped handling products with over 1% Hydrofluoric Acid because they require a "Toxic" or "Poison" Label. Several Trade Publications and Associations have published articles about the increased liability in handling this type of product including deaths that have occurred because of improper use and accidents. We decided to drop the products after a Trucking Company put a forklift fork through a 5-gallon container. Under Risk Management Evaluation there was too much risk for too little profit.
- Material Safety Data Sheets (MSDS)
Printed MSDS are given out with all sales, both local deliveries and shipments. MSDS are attached to the side of shipments or hand delivered with the invoice to walk-in customers.
The MSDS sheets are posted on our website for our most popular products. (Mr. Inspector had already reviewed our website MSDS sheets before he walked in the door).
- Verified the Hazardous Material Emergency Contract Phone Number and the contract with CHEM·TEL, Inc. Yearly contract was renewed November 2001.
Evaluations Results
After 3 ½ hours of intensive inspection Mr. Inspector informed Robert M. Hinderliter, President, and Larry Hinckley, V.P. & General Manager the results of his inspection: "No Violations Noted During This Inspection". If inspected again violations may be found! Therefore, Rahsco needs to continue with training and cross checking to ensure compliance.
Mr. Inspector noted that he was impressed with the fact that this was Rahsco's first inspection. For each violation a civil penalty of not more than $27,500, but not less than $250 per violation may be imposed through administrative proceedings. An amount that could seriously impact the financial condition of Rahsco Cleaning Systems!
Three areas of corrections or improvement were noted:
- Hazmat Descriptions must be exactly as they are in the regulation. Any additional information has to be at the end of this exact description, like Product Trade Names.
- Hazmat Descriptions may be different for DOT and UPS Shipments. Use DOT CFR 49 descriptions for DOT Shipments and UPS descriptions for UPS shipments.
- The abbreviation "PKG" stands for package and "PG" stands for Packing Group. Do not use "PKG" for Packing Group in Hazmat Descriptions. Mr. Inspector commented that in the last 12 months this error has become common. He did not understand why.
- Recommended that all Hazmat Shipments be checked for errors by two people before shipment.
Comment: After Mr. Inspector left Rahsco did another self evaluation and found a couple of errors. It needs to be stated that with the regulations being so long and complex that it is almost impossible to have everything exactly correct. You need to recheck, recheck, and check again. This need to be an ongoing process. We also rechecked to see if we had the latest information and determined that items needed to be checked yearly and ordered if updated.
Training History
Rahsco had some significant help in meeting the requirements of this inspection. Some avenues proved costly and time consuming. Over time Rahsco has developed a training program that is cost effective and can be applied by others saving them time and money. Trade Associations, Business Associates, and Vendors have played a particularly helpful role in this endeavor. Significant help has been obtained from the following:
- Trade Associations
Cleaning Equipment Trade Association (CETA)
International Sanitary Supply Association (ISSA)
American Trucking Association (ATA)
- Chemical Supplier
Royal Custom Products, Inc., Mr. Bob Vint, President - Training Materials
US Department of Transportation
J.J. Keller
A lot of people complain about the cost and benefits of Trade
Associations. As you can see the money saved here can pay for the cost of
membership in Trade Associations for several years!
Two years ago CETA had a Hazmat Class at
Mr. Bob Vint Teaching Hazmat Class at Royal Custom Products
Upon returning home Mr. Bob Vint developed a
Hazmat Course for dealers of Royal Customs Products. His first class was the
entire staff of Rahsco Cleaning Systems of Fort Worth
and Steamaway Mobile Power
Inspection Triggers
We were selected for a "No Notice Inspection" because of we posted our MSDS sheets on the internet at www.dcs1.com for customer service. I had suspected that a competitor had turned us in. Mr. Inspector said that was not the case but that some inspections resulted from reports of violations. He is required to keep these reports anonymous and complete the inspection within 6 months.
Mr. Inspector also commented that they are putting together Inspection Teams
with other Agencies to go into some areas for inspection sweeps. They had just
completed one such Team Sweep in
Jean Shankey, UPS Hazmat Specialists, said that she had not been aware of any "No Notice Inspections" in the last three years. After September 11, 2001 that situation changed. During May 2002 there were several in the Dallas/Fort Worth Metroplex.
Mr. Ben Benefield noted that most chemicals for power washers are classified as Class 8 Corrosives. If you transport 1001 pounds or more of Class 8 Corrosives your vehicle is required:
- To be Placarded.
- DOT registered with a DOT Number, name, and address on the side of the vehicle.
- Driver with a Commerical Diver's License (CDL) with a Hazmat endorsement.
- Bill of Laden and MSDS for the Chemicals being hauled within reach of the Driver.
Placarded vehicles going down the highway are like waving a red flag in front of the DOT. These vehicles get stopped on a regular basis for roadside inspections. What disturbs Mr. Benefield is that some of his competitors are not placarding their vehicles or labeling their chemicals until they reach the customer to avoid these inspections.
Rahsco's Present Hazmat Program
Presently Rahsco certifies all Employees through the course that Mr. Bob Vint of Royal Custom Products, Inc conducts. Employees that are intimately involved in packaging and shipping are required to complete the DOT CD-ROM course in addition to Royal's Course. Training is required within 90 days for new employees or for a change in job function. Retraining is required every 2 years, CFR 49 requires every 3 years.
The DOT CD-ROM is very good, better than any course that we have ever taken. It is an interactive computer course. We have set up one computer just for that purpose. The time to complete the course is 8 to 40 hours depending on the student familiarity with computers and the Hazmat Regulations. They can move at their own pace. There is material that can be printed out for overheads for group training or notebook pages for individual study. Rahsco chose notebook pages for individual study. We generally have students take only one section per day. There are 8 sections. The only thing the DOT-CD ROM lacks is Function Specific Training. For $25.00 you may as well consider the course free. It is normally received in 10 to 15 working days and the DOT will ship it to you Next Day Air upon request for an extra charge. Your only other expense is a computer and the employee's time.
A spiral bound "CFR 49 parts 100 to 185" and "Materials of Trade Booklet and Video" is ordered from J.J. Keller. CFR 49 is updated annually in October so if you want to keep a current copy you have to order yearly.
We order several copies of the "Hazardous Materials Transportation Pocket Guide" from Environmental Resource Center, Inc.
Preprinted Hazmat Labels and Placards are obtained from Carlton Industries.
A local printer is used to print our Product Labels.
We also take advantage of any Targets of Opportunity. If there is going to
be training available at Trade Shows or Conventions that we are attending we
will attend those training sessions. For example when ISSA had such a seminar
in
Definitions
Hazmat employer means a person who uses one or more of its employees in connection with: transporting hazardous materials in commerce; causing hazardous materials to be transported or shipped in commerce; or representing, marking, certifying, selling, offering, manufacturing, reconditioning, testing, repairing, or modifying containers, drums, or packagings as qualified for use in the transportation of hazardous materials.
Hazmat employee means a person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety.
Shipping Labels are the information decals that are applied on the outside of the product boxes,drums, or overpacks.
Shipping Placards are the information signs placed on the outside of Motor Vehicles and Shipping Containers.
Exemptions:
Generally Contract Cleaners are exempt from CFR 49 under "Materials of Trade". For most Power Wash Contract Cleaners this falls under Class 8, (Corrosives) Packing Group II or III. The limit is 66 pounds or 8 gallons per container of Hazardous Material and a total weight of all Hazmat containers on a single vehicle cannot exceed 440 pounds. If you exceed these limits you are subject to CFR 49. Note: This exemption does apply to OSHA training requirements.
Rahsco Recommends that Contract Cleaners order the following items from J.J. Keller :
- Code of Federal Regulation 49 Part 100 to 185 (CFR 49) from here. Cost $38.95.
- Materials of Trade Booklet and Video. Cost: $99.00
Rahsco's Product Labels for Hazmat
Rahsco combines Product Information, HMIS Hazard Code, 24/7 Emergency Responce Phone Number, and Shipping Hazard Labels into a single label. Product Labels are reviewed and certified by a Label Review Committee made up of the President, V.P., LTL Shipping Clerk, UPS Shipping Clerk, our Shipping Packager, and Chemical Manufacturers. This is an example of a 8 ½" x 11" Product Label for the DNB-1430 Mix-Kit. Our goal is to have the Labels 100% correct. It is too difficult of a Job for just one person because of so many items to review.
Contacts:
Vendors and Manufacturers Of Hazmat Shipments
Robert M. Hinderliter, President
Larry Hinckley, V.P. & General Manager
RAHSCO Cleaning Systems of Fort Worth, Inc.
2513 Warfield Street, Fort Worth, TX 76106-7554
Phone: 800-433-2113, or 817-625-4213, Fax: 817-625-2059 Email: rahsco@dcs1.com, website: www.dcs1.com
A National Distributor of High Pressure Washers, Cleaning Detergents, and
Supplies.
Bob Vint, President
Royal Custom Products, Inc.
4844 Almond,
Phone: 214-230-4386, Fax: 214-630-4389
Manufacturer of Cleaning Chemicals and Detergents
Ben Benefield, National Sales Manager
Etowah Chemical Company
Phone: 800-848-8541, 256-547-7527, Fax: 256-547-7555
Manufacturer of Cleaning Chemicals and Detergents
Department of Transportation
Mr Inspector, Hazardous Materials Enforcement
Specialists (There are several Inspectors)
U.S. Department of Transportation
Office of Hazardous Materials Enforcement
Phone: 713-718-3950, Fax: 713-718-3952 Website:
http://hazmat.dot.gov
U.S. DOT Hazardous Materials Regulations Information Center
Phone: 800-467-4922, The Menu Options are:
Option 1: Questions on Hazardous Materials Regulations (live person)
Option 2: Receive a copy of recent Set of Registar Publications, or DOT Exemptions (live person), or reach Fax on Demand
Option 3: Office of
- DOT CD-ROM for Hazardous Training, Cost: $25.00
- DOT Video for Hazmat General Awareness and Familiarization, Cost: $10.00
- DOT Hazmat by Air, Cost: $10.00
- DOT Compliance Partnership Series, Safe Transportation of Hazardous Materials, Cost: $10.00
- If you are unable to reach the 800 phone number above Option 3's direct line is 202-366-4900 (Live Person)
Option 4: Report a Violation of the Hazardous Materials Regulations (live person)
Option 5: Leave a message concerning a question on the Hazardous Materials Regulations (recorder)
For help with the DOT Training CD
Robert Wright, Writer-Editor
U.S. DOT Office of Hazardous Materials Initiatives & Training
For help with general questions, he has been extremely helpful and courteous.
Phone: 202-366-4448, Fax: 202-366-7342
UPS Hazmat
UPS Hazmat Help Line: 800-554-9964
Jean Schuenke, UPS HAZMAT Specialists
UPS Hazmat Department
2925
Phone: 214-902-1052, Fax: 214-902-1066, website:
http://www.ups.com
TRADE ASSOCIATIONS:
American Trucking Association (ATA)
Phone: (703) 838-1700, website:
www.trucking.org
Building Service Contractors Association International (BSCAI)
Phone: 703-359-7090, Fax: 703-352-0493, website:
www.bscai.org
Cleaning Equipment Trade Association (CETA)
2440 North Charles Street, Suite 220, North St. Paul, Minnesota 55109
Phone: 651-777-4177, Fax: 651-777-4114, website:
www.ceta.org
International Sanitary Supply Association (ISSA)
Phone: 847-982-0800, Fax: 847-982-1012, website:
www.issa.com
International Carwash Association (ICA)
Phone: 888-ICA-8422, Fax: 312-527-6774, website:
www.carcarecentral.com
Training Schools and Materials
Carlton Industries, L.P.
P.O. Box 280,
Phone: 979-242-5055, Fax: 979-242-5058, Website:
www.carltonusa.com
Order:
- Hazmat Labels and Placards
CHEM-TEL, Inc.
1305 N.
Phone: 813-248-0573, Fax: 813-248-0580, Website:
www.chemtelinc.com
Order:
- 24/7 Emergence Response Telecommunications (800 Telephone Number)
- Hazardous Material Training
- Internet Posting of MSDS Sheets.
Environmental Resource Center, Inc.
Phone: 919-469-1585, Fax: 919-469-4137, website:
www.ercweb.com
- Information on complying with EPA, OSHA, and DOT regulations
- Sign up for a free Tip of the Week at http://www.ercweb.com/choosetip.html
- Order: Hazardous Materials Transportation Pocket Guide: Cost: $7.50
J.J. Keller & Associates, Inc.
Phone: 800-327-6868, Fax: 800-727-7516, website:
www.jjkeller.com
Order:
- Code of Federal Regulation 49 Part 100 to 185 (CFR 49) from here. Cost $38.95.
- Materials of Trade Booklet and Video. Cost: $99.00
Disclaimer:
There are lots of ways that you can meet CFR 49 Regulations. This was our story, the help we received, and the vendors we used. It is told in hopes that it can help you. If you are asked about how you knew about any of our contacts please tell them "RAHSCO Cleaning Systems of Fort Worth" sent you.
We believe that the above information is correct according to CFR49. Before applying the above information to your company you need to verify the information per CFR 49.
If you find any errors please notify Robert M. Hinderliter at: Phone: 817-625-4213, 800-433-2113, Fax: 817-625-2059, Email: robert@dcs1.com, Cell Phone: 817-366-3041.
RAHSCO Cleaning Systems of Fort Worth
Phone: 800-433-2113; Fax: 817-625-2059. Copyright 2009 RAHSCO Cleaning Systems of