DOT Security Awareness Rule Requirements HM 232

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DOT Security Awareness Rule Requirements (HM 232)
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REGULATORY REQUIREMENT HM-232 - effective March
25, 2003

• On March 25, 2003, USDOT's Research and Special
  Programs Administration (RSPA) published its
  much anticipated final rule "Hazardous Materials
  Security Requirements for Offerors and
  Transporters of Hazardous Materials" (57 FR
  14510).
• Upon considering comments from the public on the
  proposed security and training measures, RSPA
  made significant revisions to the regulatory
  language that was contained in the proposed
  rulemaking, dated May 2, 2002.
• The overall intent of this rulemaking is to
  enhance the security of certain highly-hazardous
  materials being transported in commerce by
  requiring offerors and transporters to develop
  and implement security plans and train their
  employees accordingly.
• This is RSPA's first step in what is expected to
  be a series of rulemakings to enhance the
  transportation of hazardous materials.

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REGULATORY REQUIREMENT HM-232 - effective March
25, 2003

• New security plan requirements have been codified
  in 49 CFR, Part
• 172, new Subpart I.
• Training requirements of section 172.704 have
  been revised to
• require security awareness and in-depth security
  plan training and
• testing for hazmat employees.
• Security plans must be developed and implemented
  by
• September 25, 2003.

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Proposed Shipment Requirements Not Included in
the Final Rule

• Comments from industry on this proposal, although
  supportive on RSPA's initiative to enhance
  security, were largely in opposition to many of
  the security requirements in the May 2002
  proposal.
• The primary concerns from commenters, were that
  many of the security requirements would result
• in unacceptable economic burdens on the
  transportation industry,
• would adversely affect the efficiency of the
  transportation of hazardous materials, and
• most importantly, would not significantly improve
  the overall security of hazardous materials in
  transportation.

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REGULATORY REQUIREMENT HM-232 - effective March
25, 2003

• As a result of industry comments, RSPA
  reconsidered their position and decided not to
  include the following proposed shipping
  requirements in the final rule
• motor carriers registered with RSPA must maintain
  a copy of the of its current registration
  certificate on each motor vehicle used to
  transport hazardous materials,
• hazardous material shipping papers must include
  the name and address of the consignor and
  consignee,
• hazardous material shipping papers must include
  the RSPA Hazmat Registration Number of the
  offeror if applicable.

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New Security Training Requirements

• The first major component of this new rule is the
  requirement to provide security training to
  employees involved in the transportation of
  hazardous materials. The training is separated
  into two types
• "security awareness training" and
• "in-depth security training"
• The new training requirements have been
  incorporated into 49 CFR 172.704.

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Security Awareness Training

• All hazmat employees must receive training that
  provides an awareness of security risks
  associated with hazardous materials
  transportation and methods designed to enhance
  transportation security.
• It must also include a component covering how to
  recognize and respond to possible security
  threats.

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SECURITY TRAINING

• New hazmat employees must receive security
  awareness training within 90 days after
  employment.
• Existing hazmat employees must receive security
  awareness training no later than their first
  scheduled recurrent training after March 25,
  2003, and in no case, complete training later
  than March 24, 2006.
• Essentially, hazmat employers now need to assure
  that during their next routinely scheduled DOT
  hazmat refresher training class that a module on
  security awareness training is included.

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SECURITY AWARENESS TRAINING

• Training that provides an awareness of
• the security risks associated with hazardous
  materials transportation,
• methods designed to enhance transportation
  security, and
• instructions on how to recognize and respond to
  possible security threats.
• USDOT has provided a Hazmat Transportation
  Security Awareness Training Module for use in
  completing the security awareness training
  requirement.

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In-depth Security Training

• An additional level of training is required for
  those hazmat employees whose employer is required
  by this rule to have a security plan.
• The in-depth security training must include
  training concerning the company's security plan
  and its implementation.
• Specifics to be covered in this training include
  the
• company's security objectives,
• specific security procedures,
• employee responsibilities,
• employee actions in the event of a security
  breach, and
• the organizational security structure.

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In-depth Security Training

• OSHA, EPA and other agency required security
  training may be used to satisfy the DOT
  requirements to the extent that such training
  addresses the new DOT security training
  requirements described above.
• Hazmat employees of a person required to have a
  security plan must receive the in-depth security
  training by December 22, 2003.

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New Security Plan Requirements

• The focus of this final rule is for certain
  hazmat employers to develop and implement a
  formal security plan in an effort to enhance the
  security of certain highly-hazardous materials in
  transportation.
• Applicability Any person who offers for
  transport, or transports any of the listed
  hazardous materials in 49 CFR 172.800 must
  develop and implement a security plan.

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New Security Plan Requirements

• This includes the loading, unloading and storage
  operations incidental to the movement of
  hazardous materials in commerce. The listed
  hazardous materials in 172.800, includes
• all hazardous materials listed in 49 CFR 107.601
  for which the offering or transportation requires
  registration with RSPA, and
• any select agent or toxins regulated by the
  Center of Disease Control (CDC) in 42 CFR Part
  73.
• Basically, anyone offering or transporting a
  hazardous material that requires placarding will
  now be required to have a security plan.

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COMPLIANCE DATE

• Those required to have a security plan must have
  the plan developed and implemented by September
  25, 2003.

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COMPONENTS OF THE SECURITY PLAN

• The security plan requirements have been
  incorporated in a new section, 172.802.
• In general, the plan must include an assessment
  of the possible transportation security risks for
  the shipments of hazardous materials listed in
  172.800 and include appropriate measures to
  address those risks.
• The security measures described in the plan may
  vary commensurate with the level of threat in the
  nation at a particular time.

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COMPONENTS OF THE SECURITY PLAN

• In an effort to assist companies in performing an
  assessment of transportation security risks,
  USDOT has developed a security template that may
  be used to identify security enhancement
  opportunities. This optional template is
  accessible at http//hazmat.dot.gov/rmsef.htm.
• There are three basic elements that must be
  included in the plan
• Personnel security
• Unauthorized access
• En route security

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PERSONNEL SECURITY

• Defined as Measures to confirm information
  provided by job applicants for positions that
  involve access to or handling of the hazardous
  materials covered by the security plan.
• Companies are required to take reasonable and
  prudent measures to address personnel security.
  This may include confirming applicant information
  such as employment history, references, and
  citizenship status.

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UNAUTHORIZED ACCESS

• Measures to address the risks of unauthorized
  persons gaining access to hazardous materials
  covered by the security plan or the vehicles used
  to transport those covered materials.

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EN ROUTE SECURITY

• Must include measure to address the security
  risks during the transportation of covered
  materials from origin to destination, including
  all incidental storage and handling.

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ADMINISTRATION OF THE SECURITY PLAN

• The security plan must be in writing and copies
  of the plan provided only to employees who are
  responsible for implementing it.
• The plan must be revised and updated as necessary
  to reflect changing circumstances and retained
  for as long as it remains in effect.

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