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Transportation
Contractors
Prepare for New HAZMAT Transportation Rule
(enr.construction.com - 9/22/03)
By Tudor
Hampton
Companies trucking large quantities
of hazardous materials such as bulk diesel fuel and liquid
asphalt cement are running out of time to update security
policies to guard against terrorism. On Sept. 25, a new U.S.
Dept. of Transportation rule hits the road, requiring that
some firms document potential security risks or face hefty
penalties.
Carriers across the country haul about
800,000 shipments of hazardous goods every day, according
to DOT, which seeks to hold truckers responsible for protecting
highway loads from terrorist activity. Called HM-232, the
regulation was issued March 25 by DOT’s Research and
Special Programs Administration.
The regulation has two main components that cover employee
training and security planning. All businesses that transport
hazardous materials–regardless of quantity–must
complete "security awareness training" for current
HAZMAT employees no later than March 24, 2006. Training for
new hires must be done within 90 days of employment.
Firms with higher degrees of risk must
adopt stricter security guidelines and train employees. For
example, when special placarding on trucks is required under
existing DOT regulations, the new rule mandates a written
"security plan" by the Sept. 25 deadline. Firms
also must provide employees with appropriate "in-depth
security training" by Dec. 22. This rule applies to a
contracting firm hauling diesel fuel in a tanker larger than
119 gal.
Contractors affected by the new rule
call it more annoying than protective, but they nonetheless
are working to comply with it. "We get bitten by these
rules in the most unusual places," says William Wagy,
Granite Construction’s equipment manager in Watsonville,
Calif.
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HM-232: HAZMAT
Security Plans
General Requirements
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| Substance |
Threshold |
| Radioactive materials |
All
placarded quantities |
| Explosives |
>
55 lb |
| Poisonous inhalants |
>
1 liter |
| Liquids/gases
in bulk packages |
=
/ > 3,500 gal |
| Solids in bulk
packages |
=
/ > 468 cu ft |
| All non-bulk packages |
= / > 5,000 lb |
| Biohazard materials |
All
placarded quantities |
| All
other materials |
Only
when placards are already required
(e.g., diesel fuel exceeds 119 gal) |
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Source:
USDOT Research and Special Programs Administration
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DOT spokesman Joe Delcambre says regulators
will treat the law seriously, but he notes that it has ambiguous
language that helps low-risk firms, such as contractors, comply.
"There really is no ‘one-size-fits-all’ rule
for construction companies. We left it flexible...depending
on what and how much they are shipping," says Delcambre.
Accountability is the end goal. "DOT
is looking for documentation...they just want to see that
you have done your homework," says Randy Skoog, a consultant
for J.J. Keller & Associates, a risk-management services
and training provider based in Neenah, Wis.
DOT estimates that firms will spend
about $1,700 each on security plans, for a nationwide cost
of $54.3 million this year, and $11 million next year. Training
also is an added cost. Civil citations for noncompliance will
cost between $275 and $32,500 per day, per violation.
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