TRANSPORTATION OF HAZARDOUS MATERIALS RISK IDENTIFICATION AND MANAGEMENT

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TRANSPORTATION OF HAZARDOUS MATERIALSRISK
IDENTIFICATION AND MANAGEMENT

• CCIC RISK MANAGEMENT SEMINAR
• JULY 14, 2005
• 
  Presented by Martin Costello, Yale University

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U.S. Department of TransportationRisk Based
Decision Making in Hazardous Materials Safety
Program

• Mission
• To administer a comprehensive nationwide
• safety program to protect the Nation from the
• risk to life, health, property, and the
  environment
• inherent in the transportation of hazardous
  materials
• by all modes of transportation.

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U.S. DOT Risk Management Federal Hazardous
Materials Transportation Law

• The Secretary shall designate material or a
  group or class of material as hazardous when the
  transporting of the material in commerce in a
  particular amount and form may pose an
  unreasonable risk to human health and safety or
  property.
• The Secretary shall prescribe regulations for
  safe transportation of hazardous materials in
  interstate, intrastate and foreign commerce.

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U.S. DOT Risk Management

• The resulting safety program and regulations
• Are risk based
• Use date, information and experience to define
  hazardous materials and manage their risk in
  transportation
• Are prevention oriented
• Focus on identifying and communicating hazards
• Designed to reduce probability of material
  release and mitigate release consequences.

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• Designed to address a very broad set of hazardous
  materials, all modes of transport (except bulk
  marine) and all routes
• A minimum standard which does not specifically
  address all risk management parameters a shipper
  or carrier may need to employ in its risk
  management program

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U.S. DOT Risk ManagementProgram Elements

• Risk Assessment Addresses Hazards,
  Consequences, and Probability in Hazmat
  Transportation
• Classification system is a hazard analysis system
• Consequences and probability are addressed by
• Commodity flow survey
• Chemical manufacturing, use, transportation
  studies
• Public comment on Rulemakings

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Program Elements

• Risk Management
• Regulations Classification, Communication,
  Packaging, Testing, Training, Approvals, Routing,
  Registration
• Compliance/Outreach Training, Information
• Dissemination, Enforcement
• Alternatives to Regulations Exemptions
• Mitigation ERGs, Grants for Training

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Regulations Fundamental Objectives

• Provide uniform regs that support consistent
  hazard classification and packaging standards and
  clear hazard communication
• Provide regulatory harmony with world-wide
  regulatory system
• Clear hazard and Risk Communication
• Regulations are necessary and benefits exceed
  cost of compliance
• Regulations are understandable and facilitate
  compliance

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Thomas Butler(Texas Tech University)vs.The
Department of Justice

• Convicted on 47 counts of illegal
• transport of hazardous materials
• and theft from Texas Tech University.

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The facts

• Butler collected blood and tissue samples from
  Tanzanians believed to be infected with Yersinia
  Pestis (bubonic plague)
• Samples were collected in test tubes and petri
  dishes, then packed in cardboard box.
• Samples were described as laboratory
  materials, and checked with luggage on flight
  from Tanzania to USA.
• Once reaching US, Butler transported samples in
  trunk of his car to USAMRID (Ft Detrick, MD)

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• Part of original sample set returned to Govt. of
  Tanzania via FEDEX and remainder sent to Butlers
  lab at TTU (Lubbock, TX)
• He did not obtain necessary export permit for
  shipment of Select Agent.
• Contents of FEDEX package were not marked,
  labeled or documented properly.
• Butler observes that plague vials seem to be
  missing from TTU lab and reports to FBI.
• FBIs preliminary investigation reveals no
  evidence of theft.
• FBI suggests that Butler retract his statement
  and instead document that vials were likely
  destroyed in lab incident several weeks earlier.
  He does so.
• He is subsequently arrested and later charged
  with lying to FBI.

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Outcome

• Butler is convicted on 47 of 69 counts -
  sentenced to 2 years incarceration and 3 years of
  probation
• Acquitted on 12 of 15 felony charges. Convicted
  of improper shipment of hazardous material and
  theft from TTU
• He is assessed a significant fine approximately
  300,000
• Position at TTU is terminated
• Medical license is forfeited
• TTUs relationship with DOD placed in jeopardy
• Missing vials never found

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SOURCES OF HAZMAT TRANSPORTATION RISK

• UNDECLARED SHIPMENTS BY UNIVERSITY PERSONNEL !
• (strong correlation with lack of awareness and
  failure to connect with institutional liability)
• If not documented, then risk is completely
  undefined and uncontrolled.
• If requirements unknown to shipper then
  significant risk of noncompliance
• No training
• Failure to use spec package
• Failure to properly mark, label and document
• (denies carrier knowledge needed to segregate
  from incompatible materials)
• Failure to maintain records of shipment
• If contents are unknown, then ability of
  Emergency Response team to contain release from
  package is severely compromised - - gt complete
  loss of control

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• Documented shipments of hazmats
• Commercial carriers (ground freight)
• Insurance coverage is it adequate?
• Driver training/instruction
• Newly implemented restrictions on driver hours
• Compliance history
• Ability to package and ship in compliance with
  DOT
• Safety record
• Accidents with and without hazmat cargo
• DOT Security Plan
• Has carrier developed plan?
• Have drivers received security awareness
  training?
• How are shipments protected?
• How does carrier ensure that plan is followed by
  its employees?
• Many carriers limit distribution of security
  plan. Should nevertheless ask for documentation
  that carrier has plan that meets DOT
  requirements. Keep letter on file.

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• Commercial carriers (air freight)
• Is the air carrier properly insured?
• What is adequate insurance for an air cargo
  shipment?
• Growing number of countries will not accept
  hazmat package by air freight
• Check with destination country before shipping
• Evaluate need for additional insurance
• (delivery is delayed/refused and package is
  destroyed)
• Ground carrier will not have this information
• Congress has asked carriers to develop screening
  process to identify hazardous materials in air
  cargo
• Regulatory scrutiny and expectation is increasing
• Little tolerance for ignorance or errors

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Commercial shipmentsIssues to consider

• Identify those who may ship hazardous materials
  using commercial carriers
• Research staff
• Investigators
• Graduate Students
• Samples
• Museum staff
• Collection loans
• Environmental Health and Safety Staff
• Waste materials
• Environmental samples

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• Anyone who prepares a hazardous material package,
  including selection of packaging, marking,
  labeling, completion of paperwork, etc. is
  required to have current training (DOT and/or
  IATA)
• Does shipper know that material is regulated?
• (Many feel that they are grandfathered . . .
  Ive been doing this for 20 years!!)
• Does shipper/employee know whether material will
  be shipped via air or ground?
• Material may not be air eligible
• IATA training required in cases where DOT is not.
• Does the University have mechanism to identify
  all hazardous material shippers?
• Commercial carriers will generally accept package
  if paperwork is signed and completed properly,
  and packaging looks appropriate. Carrier will
  not ask for training records.
• Regulatory agencies have the ability to identify
  every person who has made a declared shipment of
  a hazardous material . . .

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• A bills of lading and/or manifest (hazardous
  waste) can be claimed by agency officers from the
  carrier and used to trigger inspection
• This technique has been used to inspect several
  universities and hospitals in the Boston, MA area
• Agency officials requested records of training,
  specification package documents and copies of
  shipping papers.
• How best to organize this program?
• Train all shippers IATA training is
  approximately 16 hours DOT training is 8
  training must be updated periodically
• Create a centralized shipping group through which
  all inbound and outbound packages are routed
• Train and use EHS staff to prepare outbound
  packages
• If many dont yet have fully developed programs
  (undeclared shipments), how do we know what is
  being received at our institution?

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-Transportation of hazmat by University employees

• Identify employees who transport hazardous
  materials
• Environmental Health and Safety
• Radioactive materials and waste
• Chemical moves
• Environmental samples to analytical lab
• Hazardous waste cant be transported without
  EPA/DEP permit
• Research Staff
• Field work sample preservation
• Trades people
• Gasoline, compressed gases, paint, solvents,
  acetylene, etc.
• Student workers
• Electronic waste collection
• Do any of these shipments require a placard? - -
  gt Security Plan
• How is material transported?
• University vehicle
• Personal vehicle

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• Is University Risk Management office aware that
  materials are transported by its employees and is
  insurance coverage sufficient?
• Is training adequate for all applications?
• EHS staff generally need full DOT and IATA
  training
• If EHS makes campus to campus shipments of
  placarded material then Security Plan and
  Security training required
• Field sample collection by research staff and
  transportation by trades people can generally be
  made under DOTs Material of Trade Exemption
• Transportation by MOT does not require formalized
  training, but employee must be aware of exemption
  requirements and scope