New Requirements to Increase Security of Hazardous Materials in Transportation
By Roy Marshall
President, Regulations Training, Inc.
On March 25, 2003, the Research & Special Programs Administration, U.S. Department of Transportation (DOT) issued the final rule for Docket HM-232. The final rule has a very short time frame before mandatory implementation, and includes both the development of a security plan and the training of company personnel to implement the plan. The following is an overview of the new regulations.
Purpose of a security plan and who must comply
The purpose of developing and implementing a security plan is to identify and reduce security risks related to the transportation of hazardous materials in commerce. The DOT security plan must be in place by September 25, 2003. A new Subpart I has been added to 49 CFR Part 172 (Subpart I was last used in 1995-96 for the short-lived Radiation Protection Program). A new section 172.800 lists the seven types of hazardous materials/shipments that will require the development of a security plan. Note that these are the same thresholds that require a shipper or carrier to register annually with the DOT - with the exception of select agents or toxins, which are listed in 42 CFR. The seven categories are:
(1) Highway route-controlled quantity of radioactive material.
(2) More than 25 kg of Division 1.1, 1.2 or 1.3 explosives.
(3) More than 1 L of a material poisonous by inhalation in hazard zone A.
(4) Bulk packaging with a capacity of 13,248 L (3,500 gallons) or greater for liquids or gases, or more than 13.24 cubic meters (468 cubic feet) for solids.
(5) A shipment of 2,268 kg (5,000 lbs.) in non-bulk packaging for which placards are required.
(6) A select agent or toxin regulation by the Centers for Disease Control and Prevention under 42 CFR Part 73.
(7) A quantity of hazardous material that requires placarding.
What HM-232 requires
If you meet any of the above criteria there are two things you must do. 1) Develop a security plan including assessment of risk, and 2) implement the plan, including training for HazMat personnel. Your security plan must include an assessment of possible transportation security risks and, at a minimum, the following elements:
(1) Personnel security. Measures to confirm information provided by job applicants hired for positions that involve access to and handling of the hazardous materials covered by the security plan.
(2) Unauthorized access. This includes preventing unauthorized access to hazardous materials on-site or on vehicles being prepared for transportation, e.g., trucks, cargo tanks, rail cars, etc.
(3) En route security. DOT feels that enroute security should primarily be the responsibility of the carrier. In this final rule DOT states that they are not requiring shippers to guarantee compliance by carriers, but they do expect shippers to confirm that the carrier does have an appropriate security program in place.
The final rule for HM-232 has also added new regulations to the training requirements found in 49 CFR 172.704. Two types of training may be required.
1) Security awareness training - will be required of every HazMat employee regardless of whether or not the company is required to file a security plan. Training should be conducted no later than the date of the first scheduled recurrent HazMat training after March 25, 2003, and in no case later than March 24, 2006.
2) In-depth security training - will only be required for HazMat employees who work at a company that is required to develop a security plan. The training must include company security objectives, specific security procedures, employee responsibilities, actions to take in the event of a security breach, and your company's organizational security structure. This training must be completed by December 22, 2003.
This article, by Roy Marshall, is an overview of the new federal requirement and should not be used to determine compliance actions. Consult the Final Rule of HM-232 published March 25, 2003 (and any revisions) which can be downloaded at HazmatSecurity.com for links to both the text and pdf version, as well as a link to DOT's free risk assessment program.
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