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Dangerous Goods Regulations: Changes and Updates

Regulatory Updates

Transport Canada Publishes New Registration Requirements

On October 25, 2023 Transport Canada published new registration requirements under TDGR - Part 17, Site Registration Requirements. During an internal audit of Transport Canada’s Dangerous Goods (TDG) Program in 2006, and a 2011 audit, it was determined that Transport Canada was not fully aware of the entire regulated community involved in “Dangerous Goods Activities” and was recommended they develop a national system to prioritize its inspections of sites. To do this, Transport Canada needs current, accurate, and complete information about persons involved in DG activities. The new registration requirements will require that persons who import, offer for transport, handle or transport dangerous goods at a site located in Canada they own or operate be registered in a new registration database if applicable; and require that all registered persons provide administrative information concerning the dangerous goods and operations being conducted at their respective site located in Canada that they own or operate.

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East Palestine, Improving Railway Safety

On February 3, 2023, a Norfolk Southern freight train derailed in East Palestine, Ohio, including 11 tank cars containing hazardous materials that left the tracks and ignited, resulting in a release to air, groundwater, and the surrounding community. As a result, Congress is developing legislation designed to improve rail safety. The proposed Railway Safety Act of 2023 would increase federal oversight designed to prevent future derailments. The Act contains key initiatives to advance rail safety and increases the maximum fines DOT may impose on rail carriers for violating safety regulations. The bill also:

  • requires DOT to update rail car inspection regulations,
  • requires a minimum two-person crew for certain freight trains,
  • phases out certain tank cars by May 1, 2025 (four years sooner than required under current law),
  • expands training for local first responders,
  • imposes a new fee on certain rail carriers, and
  • provides funding for research and development to improve railway safety.

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U.S. Postal Service issues Final Rule for Shipping Electronic Devices Containing Lithium Batteries and Other Hazmat – November 30, 2022

On November 30, 2022, the United States Postal Service (USPS) published a Final Rule revising its Hazmat Postal Regulations, Publication 52, covering used, damaged, or defective electronic devices containing or packed with lithium batteries. The USPS is limiting the mailing of these products to surface transportation only and are prohibited from being mailed via airfreight. These packages must be marked “Restricted Electronic Device” and "Surface Transportation Only", in addition to all other required markings and labels. This change takes effect immediately. This prohibition does not apply to new devices in original packaging or manufactured certified new/refurbished devices. USPS cites a consistent increase in incidents involving packages being offered for air transport containing used/defective lithium batteries that have not been properly packaged and labeled. The new restrictions in Pub 52 are designed to protect the safety of the public as well as USPS employees. 

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IATA Significant Changes and Amendments in the 64th Edition (2023)

The lithium battery mark has been revised to remove the requirement for a telephone number to be provided on the mark. There is a transition period until December 31, 2026 during which time the mark shown in the 63rd edition of the DGR may continue to be used.

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PHMSA Request for Information (RFI) on Electronic Hazard Communication Alternatives – July 11, 2022

On July 11, 2022, the DOT Pipeline and Hazardous Materials Safety Administration published a Request for Information (RFI) on Electronic Hazard Communication Alternatives. PHMSA is seeking input on the potential use of electronic communications as an alternative to the current, physical documentation requirements for hazard communication. PHMSA anticipates that electronic communication would improve transportation safety, efficiency, and effectiveness by providing electronic access to the same information as currently required under paper documentation.

Comments were due into the Federal Docket by October 24, 2022. To see all comments received go to: Hazardous Materials: Request for Information on Electronic Hazard Communication Alternatives; Extension of Comment Period | PHMSA (dot.gov)

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PHMSA Safety Advisory Notice for the Disposal and Recycling of Lithium Batteries in Commercial Transportation - May 17, 2022

On May 17, 2022, PHMSA issued a Safety Advisory Notice about the dangers related to shipping lithium batteries for recycling or disposal to increase the public’s overall awareness.  PHMSA states that it’s hazardous materials investigators routinely saw shippers and carriers improperly package and ship lithium batteries for disposal or recycling. Such dangers included the improper packaging of lithium batteries as not to prevent short circuits, mixing damaged lithium batteries with other batteries in the same packaging, and shipping pallet loads of batteries in boxes and drums with inappropriate identification of package contents.

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Lithium Battery UN 38.3 Test Summaries - January 1, 2022

PHMSA, Hazardous Materials Regulations (HMR; 49 C.F.R., Parts 171-180). Final Rule, May 11, 2020.

Effective January 1, 2022, for lithium cells and batteries being offered for transport, manufacturers must make available a test summary upon request. The test summary must include a list of specific elements based on the results of the test report outlined under section 38.3 of the UN Manual of Tests and Criteria. This requirement includes all cells and batteries manufactured after January 1, 2008. This PHMSA rule differs from international requirements in two ways. First, it covers batteries manufactured after Jan. 1, 2008, whereas UN 38.3 goes back to 2003. The other difference is the compliance date. PHMSA extended their compliance date from 2020 to January 2022.

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Changes to Packing Instructions for Lithium Cells and Batteries - January 2022

IATA Dangerous Goods Regulations (DGR), 63rd Edition (2022)

Starting January 2022, packing instructions 965 and 968 have been revised to remove Section II. Small lithium ion and lithium metal batteries and cells will be packaged in accordance with Section IB of Packing Instruction 965 and Packing Instruction 968, as applicable. There is a 3-month transition period to March 31, 2022, to comply with this change. During which time shippers may continue to use Section II.

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New International Safety Guidelines for Warehouse Storage of Dangerous Goods in Preparation for Sea-Transport - December 2021

In response to recent warehouse incidents involving improper storage of dangerous goods, including Tianjin, China (2015) and Beirut, Lebanon (2020), a coalition of organizations including ICHCA, IVODGA, National Cargo Bureau, and the World Shipping Council has published a guidance document in the form of a White Paper in December 2021. The document covers topics on warehouse construction, operations, fire protection, security and emergency response and has been endorsed by industry stakeholders such as port operators, insurance companies and associations. It has also been submitted to maritime regulators and the IMO for consideration to be included in international requirements.

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TSA Announces 100% Screening of International All-Cargo Flights - June 30, 2021

On June 30, 2021, TSA announced that all Importers, Exporters, Carriers, and Freight Forwarders must comply with the ICAO security requirements for 100% screening of all international all-cargo flights. Requirements include screening of cargo to identify and/or detect hidden explosives and institute supply chain security controls that prevent the introduction of concealed explosives into air cargo. This rule is not new and has been in effect for cargo on commercial passenger aircraft since 2010. As a result,  on June 14, 2021, TSA published Federal Register Notice 86, No 112 FR 31512, announcing the Secured Packing Facility (SPF) program.

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OSHA Interpretation Regarding Lithium-Ion Batteries as Articles - June 23, 2021

OSHA Hazard Communications Standard, 29 CFR 1910.1200. Letter of Interpretation dated June 23, 2021.

On June 23, 2021, OSHA published an Interpretation Letter responding to the European Portable Battery Association providing clarification that it does not consider lithium-ion batteries to be "articles" under the Hazard Communications Standard (HCS) and are therefore not exempt from the requirement for a Safety Data Sheet. OSHA has stated that it based its decision on public and government information sources showing that lithium-ion battery failure can present a fire/physical hazard and a toxic exposure hazard (e.g., lithium, cobalt) to workers during normal use and foreseeable emergencies.

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Lithium Batteries as Cargo on Passenger Aircraft, State of Charge and Alternative Packaging Provisions - March 6, 2019

PHMSA Interim Final Rule, March 6, 2019.        

This interim final rule (IFR) which becomes effective immediately amends the HMR to (1) prohibit the transport of lithium-ion cells and batteries as cargo on passenger aircraft; (2) requires all lithium ion cells and batteries to be shipped at not more than a 30 % state of charge on cargo-only aircraft; and (3) limits the use of alternative provisions for small lithium cell or batteries to one package per consignment. The amendments will not restrict passengers or crew members from bringing personal items or electronic devices containing lithium cells or batteries aboard aircraft or restrict the air transport of lithium-ion cells or batteries when packed with or contained in equipment.                

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This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; CHEMTREC, LLC does not recommend or endorse the contents of the third-party sites.

The information provided on this website does not, and is not intended to, constitute legal or regulatory advice; instead, all information, content, and materials available on this site are for general information purposes only. While CHEMTREC strives to keep this information current, information on this website may not constitute the most up-to-date legal or regulatory information. Readers of this website should contact their attorney or regulatory expert to obtain advice with respect to any particular matter. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.

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Register for emergency response services when shipping in China

It is mandatory under Chinese regulations to display a 24-hour emergency telephone number on Safety Data Sheets and labels for hazardous products placed on the market within mainland China.

Order 53 from the Chinese State Administration of Work Safety (SAWS) requires importers and domestic manufacturers to register hazardous products with NRCC for emergency response purposes, as stated in Article 5-6, Chapter 2, and Article 22, Chapter 4.

CHEMTREC can help facilitate companies’ registration for the National Registration Center for Chemicals (NRCC) Emergency Response Telephone Number Service.

CHEMTREC's partnership with NRCC offers:

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One Contract

Registration for both NRCC and CHEMTREC services directly through CHEMTREC.

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Comprehensive Compliance

Assist with hazardous chemicals registration, SDS and label production, and GHS classification reports.

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One Phone Number

Use of a single 24/7 emergency response phone number that is authorized by both CHEMTREC and NRCC.

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Chinese Compliance

CHEMTREC's Asia inside zone, or any outside zone service, enables companies to register for the NRCC Emergency Response Telephone Number Service through one simple CHEMTREC contract.

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NRCC Registration Requirements

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The number of SDS that need to be registered.

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All company names that are displayed on the SDS going into and being distributed within mainland China.

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Your Chinese version of the SDS.

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Index documents, in some cases.

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CHEMTREC, the world’s leading emergency hazmat response service provider, has partnered with China’s National Registration Center for Chemicals (NRCC) to create a unified global response for chemical emergencies in China.

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Safety Data Sheet Management

Access comprehensive material safety data sheet management at your fingertips.

SDS Management

Hazmat Training

CHEMTREC can help your company stay safe and in compliance with our online hazmat training courses. Self-paced, interactive, and comprehensive courses make it easier than ever to stay up-to-date on your required training.

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Frequently Asked Questions and Confirmation of the Answers from NRCC

CHEMTREC provides a truly global emergency response service that is compliant in China through our partnership with the National Registration Center for Chemicals (NRCC). These frequently asked questions aim to provide international companies managing chemicals in China with an overview of the emergency response requirements on them as companies importing chemicals into China, or companies manufacturing within China.

These questions are aimed specifically at NRCC’s Emergency Response Service and its requirements, not NRCC’s product registration department and requirements.

What is the official regulatory body managing/regulating emergency response in China and what are the specific emergency response (ER) regulations called?

Following the institutional reform of the State Council (2018), the State Administration of Work Safety (SAWS) was abolished and its responsibilities transferred to the Ministry of Emergency Management (MEM).

The specific regulation requiring companies to register hazardous products with NRCC for Emergency Response purposes is set out by SAWS “Article 5-6, Chapter 2 and Article 22, Chapter 4, Order 53” and this continues to be regulated by MEM.

Am I a local Chinese company or foreign company when I register my products with NRCC’s ER center?

Producers or importers based/registered in China are deemed local. Any foreign company importing products into China are classified as a foreign company

Which of my hazardous products require emergency response phone number registration with NRCC?

Any products registered in the Chinese “Catalogue of Hazardous Chemicals, 2015 (including highly toxic chemicals)” require registration with NRCC. This catalogue is only available in Chinese.

Also, any hazardous chemicals classified under GHS (Rev. 4; 2011) require registration with NRCC. 

Do my hazardous research and development (R&D) products need to be registered with NRCC for ER purposes? For example, flavor and fragrance R&D products or fuel additives for blending

Yes – R&D products do require registration with NRCC for ER number purposes.

Is there a volume/quantity that requires registration?

No – if the product is hazardous and being sold in China then it requires registration irrespective of the volume.

Do chemicals stored/used inside products/machinery require registration?

No. e.g. fuels and oils inside a vehicle (for the vehicle to run) are hazardous but don’t require
registration.

If I manufacture products overseas and another company imports the products into China am I liable for registration of the products or is the importer?

The importer is liable for registration with NRCC. From a legal standpoint the importer should also re-label and re-author the SDS in their name.

However, it’s worth considering whether the costs to register with NRCC mean you mitigate any risks on your company. It also means if you change importer you don’t have to renegotiate the registrations with that importer. 

If a company manufactures a chemical inside China, which is registered with NRCC and then for some reason needs to import that same chemical, do they have to then register the product as an import and pay twice for the same product registration?

No – once a product is registered once by a company they do not have to register it again, even if importing the product.

Do Lithium batteries need to be registered with NRCC and to display the ER number?

Lithium batteries are categorized as dangerous goods in China, not dangerous chemicals. Therefore the regulations stipulate that they do not need to be registered, however if a company would prefer to display the NRCC number an SDS will need to be registered. Alternatively companies can display CHEMTREC’s Chinese or international numbers in section 1.4 of the SDS.

Can CHEMTREC provide wider chemical compliance solutions e.g. chemical product registration, SDS/label authoring, testing etc.

Yes – please complete a request a quote form and we can provide more details on how we can support you. 

Are products which are unclassified under GHS, or not classed as dangerous goods, required to be registered with NRCC for Emergency Response purposes and to display the NRCC ER number?

If a product is classified under GHS, they need to be registered with our NRCC Emergency
Telephone Number Service. However, if a product is unclassified under GHS, companies can
display NRCC’s telephone number in section 1.4 of the SDS provided the SDS is registered
with NRCC or alternatively CHEMTREC’s international telephone number can be used. If
there is uncertainty as to whether the product is unclassified then it is recommended to
register the SDS with NRCC.

FAQ DISCLAIMER

CHEMTREC, in conjunction with NRCC, provides this Frequently Asked Questions (FAQ) overview as a service to its customers and potential customers. This information was compiled as of May 1, 2021 and CHEMTREC believes it to be current and correct as of May 1, 2021. Be aware that regulations often change or are revised over time. Please check the regulatory source to ensure you have the most up-to-date information available. Neither the American Chemistry Council, CHEMTREC nor NRCC warrants or guarantee the accuracy of the information provided herein and accept no liability for any inaccuracies or improper reliance. Each user should independently verify the regulatory requirements of each relevant jurisdiction. This document does not constitute legal advice and each user should retain counsel of its own choosing before relying on any information contained herein.

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Stay ahead of new and emerging regulations with REGTREC™

It’s challenging to keep up with evolving regulations in today’s fast-moving world. CHEMTREC®’s REGTREC service highlights the major chemical regulatory requirements of top countries worldwide. Whether expanding your business internationally or monitoring the impact of ever-changing regulations, REGTREC can help.

REGTREC provides a single source for up-to-date regulatory content on a broad range of topics including SDS, labels, product and substance registration, restrictions and bans and transportation. Experienced regulatory specialists monitor country-specific information and deliver easy-to-use reports.

REGTREC is included for CHEMTREC customers with Outside Zone or Global coverage.

Features & Benefits

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24/7 access to global regulatory requirements

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Updates for nearly 30 key countries around the globe

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Summary of relevant information to quickly determine the potential impact of regulatory changes

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User friendly portal with easy navigation

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Push notifications of updates via email

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Log In to the CHEMTREC customer portal to access REGTREC. 

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Sections of REGTREC

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Official Gazette

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Inventories

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Substance Registration

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Product Registration

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Notifications

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Restrictions and Bans

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SDS and Labels

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Section of REGTREC

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CHEMTREC offers three levels of coverage based on the regional zones of your shipment origins and destinations. REGTREC is included for CHEMTREC customers with Outside Zone or Global coverage. Give us a few details about your shipping practices and we’ll guide you to the right level of CHEMTREC protection.

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Safety Data Sheet Management

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Are your hazardous material shipping labels meeting the requirements?

Ensuring your product gets where it needs to be safely is a major component of your business. Extra care and legal requirements have to be taken into consideration when shipping hazardous and dangerous materials.

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Importance of Hazardous Materials Shipping Labels

By using hazardous materials labels, it is easy to identify what is inside the package. Clear markings from proper hazardous material labels make the storage, handling, and transportation of all hazmat materials simple.

Correct hazmat markings may include a proper shipping name, identification number, technical name, special permit packaging, environmental handling, consignment information, and marine pollutants. In the event of an accident, exposure or chemical spill, the quick identification of hazardous materials is essential to emergency response. Proper handling, cleanup and documentation are easier when there are no guessing games.

Hazardous Materials Shipping Labels

Changes to Rules and Regulations

49 CFR 172.406 states labels must be printed on or affixed to a surface (other than the bottom) of the package or containment device containing the hazardous material and be located on the same surface of the package and near the proper shipping name marking, if the package dimensions are adequate.

CHEMTREC’s exclusive approved label supplier, Labelmaster, takes the guesswork out of hazardous materials shipping labels and stays up to date with the latest changes in rules and regulations.

Shipping Regulations

Saving You Time and Money

Our exclusive partnership with Labelmaster makes it easy to get exactly the right hazmat labels for your shipping supplies and products. If you are registered with CHEMTREC you can only purchase CHEMTREC labels through our exclusive approved label supplier, Labelmaster. Labelmaster helps save your company money and time by helping you get the correct labels for your hazmat shipments.

Lithium Battery Shipping

Smaller Lithium Battery Marks May Be Used as of 1/1/2021

CHEMTREC customers can now use the smaller 100mm x 100mm or 100mm x 70mm lithium battery labels. This saves money on the price of the label and also allows the use of smaller packages which can reduce packaging and freight costs. The existing sizes of lithium battery marks will remain compliant in 2021 and beyond.

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About Our Exclusive Partnership with Labelmaster

Labelmaster’s comprehensive offering of industry-leading products helps CHEMTREC customers remain compliant with all dangerous goods regulations. For more than five decades, Labelmaster has been the go-to source for companies — big and small — to navigate and comply with the complex, ever-changing regulations.

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Coverage Levels

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Incident Reporting for Carriers

Stay informed of all incidents that involve you as a carrier with detailed reports and better maintained records.

Incident Reporting

Hazmat Training

CHEMTREC can help your company stay safe and in compliance with our online hazmat training courses. Self-paced, interactive, and comprehensive courses make it easier than ever to stay up-to-date on your required training.

Hazmat Training

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Response and Recovery

Navigating crisis and emergency situations creates challenges for even the most prepared teams. Ensuring your team has access to the right information at the right time to enable fast and effective decision making is challenging. The supply of reliable information in an incident rarely keeps up with the demand, creating an information gap. Fortunately, our response and recovery solutions can help.

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Our Consulting Solutions team is ready to assist you. Send us an email and we will set up a time to discuss your organization's needs and help you develop a customized plan. 

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Our Response and Recovery Services

Incident Reporting and Mass Communications

  • Reporting of incidents to a central line

  • Ability to instantly cascade alerts to 10s, 100s or 1,000s of team members to inform them of an incident.

  • Cascade via sms, email, phone, and app

  • Polling capabilities to track responses

Incident Reporting and Mass Communications

CrisisHub

A digital emergency management solution, that:

  • Automates crisis and emergency response plans;

  • Provides and share real-time updates for everyone involved in the response;

  • Assigns tasks to individuals and track their completion;

  • Offers instant audio and video meetings; and

  • Promotes collaboration through extended teams and detailed reporting following an incident. 

CrisisHub

Specialist Advice and Support

  • L1 emergency response information service

  • Medical 

  • Poisons Center

  • Crisis and Emergency Response Support

  • Media Management

  • L2/3 Cleanup Support

Specialist Advice and Support

Post Incident Review

Identifying lessons from incidents is a crucial step in ensuring they don’t happen again. We offer a full suite of services, including:

  • Full post-incident report 

  • Root cause analysis to determine the cause of the incident and an action plan to address this

  • Trend analysis identifying common incidents and trends (by product, geography, mode of transport, time etc.) 

Post Incident Review

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Assessment and Prevention

For over 50 years, CHEMTREC has been known for its premier emergency call center, providing responders with timely information. However, beyond this, what else do responders and organizations need to effectively deal with an incident? What can they do before an incident to make ensure they are prepared? Through our preparedness services, we partner with you prior to any potential incidents providing plans, tools, and training to enhance your readiness. 

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Our Preparedness Services

Readiness Assessment

How do your plans compare to others in your industry? Our consultants will conduct an in-depth review of your existing emergency response and crisis management plans and provide you with a detailed gap analysis report. The report will not only pinpoint shortcomings but will also provide a comprehensive roadmap for improving plans and better preparing your teams. These reports serve as a foundation for reinforcing overall organizational resilience.

Readiness Assessment

Plans

Whether you need plans to streamline coordination and response at the operational, site-specific, or strategic levels, our team is ready to help. We specialize in crafting customized plans that align with your organization. These plans not only provide guidance on regulatory compliance, but also amplify your team’s capability to respond effectively to a potential incident. We offer plan templates or a fully customized plan development service. 

Plans

Continuity of Operations

We will collaborate with you to identify significant risks, essential business functions, and tactics needed to safeguard and maintain operations in the event of a disruption. Our team will develop policies and risk assessments, conduct a business impact analysis, and create business continuity plans that help protect your essential business services.

Continuity of Operations

Training

Having collaborated with many of the world’s largest organizations, our team delivers training to enhance the knowledge and skills of their responders, strengthening their response capabilities. Our training covers a range of responses, from operational to strategic, including the Incident Command System and Strategic Incident and Media Management.

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Exercises

Making sure your plans are effective before an incident is crucial in enhancing your response. Our exercises are designed to evaluate the effectiveness of plans and procedures, while providing your teams a protected environment to practice their roles. Our experience extends from working with local, regional, and national governments to businesses of various sizes. We offer a wide range of exercises, from online drills to tabletop exercises and full-scale live exercises.

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5800.1 Reporting Through CHEMTREC

CHEMTREC is registered with PHMSA to submit 5800.1 reports on your behalf. In addition to distributing relevant incident reports to your company, for Incident Reporting subscribers, CHEMTREC will go a step further by reviewing all incidents and help make the determination if additional reporting may be needed based on Hazardous Materials Regulations (49 CFR Parts 171-180).

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CHEMTREC can assist you with your incident reporting needs. Connect with us and get an estimate for Incident Report Distribution and 5800.1 Regulatory Reporting. 

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Benefits of Reporting Through CHEMTREC

Our emergency response call center team specializes in collecting precise details to create comprehensive and consistent incident reports. These reports empower companies to identify trends, pinpoint solutions, mitigate and analyze incidents effectively.

By entrusting CHEMTREC to collect and submit your 5800.1 report, we will:

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Use our expertise to create complete and concise reports which comply with PHMSA reporting requirements.

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Review all of your incidents, reducing your risk of non-compliance and subsequent penalties.

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Automate the submission and response processes.

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Verify the data is accepted by PHMSA.

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Maintain a record of your report for future reference and provide on demand access to your incident reports and 5800.1 reports.

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Alleviate the effort for carriers that must file incident(s).

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Learn more about we will facilitate the completion and submission of 5800.1 reports in compliance with U.S. DOT regulatory requirements by downloading our fact sheet.

5800.1 Reporting Through CHEMTREC

Frequently Asked Questions About Hazardous Materials Reporting

 Who is responsible for completing and submitting a detailed hazardous materials incident report?

As specified in § 171.16(a), each person in physical possession of a hazardous material when an incident occurs must file a Hazardous Materials Incident Report on DOT Form F 5800.1 to the Department. See § 171.16(b) for information on providing and retaining copies of the incident report, details of where to obtain the forms, and where to file the forms.

How long do I have to submit a written incident report?

In accordance with § 171.16(a), a person must submit a detailed incident report to the Department within 30 days of discovery of the incident.

Who is responsible for providing immediate notice by telephone if an incident occurs that meets the criteria in § 171.15(b)?

As specified in § 171.15(a), each person in physical possession of a hazardous material when an incident occurs must provide notice by telephone to the National Response Center (NRC) 1–800–424–8802 (toll free) or 1–202–267–2675 (toll call). Any person who performs or is contractually responsible to perform any of the HMR functions is legally responsible under the regulations for their proper performance.

How long do I have to provide notice by telephone to the National Response Center (NRC) when an incident occurs that meets the criteria in § 171.15(b)?

In accordance with § 171.15(a), a person must provide notice by telephone as soon as practical but no later than 12 hours after the occurrence of any incident described in § 171.15(b). Any reporting delay beyond what is necessary to safely secure the scene of the incident is not permitted.

If an incident occurs resulting in the closure of an access road to a major highway, is the closure of the access road leading to a highway considered a “road closure” and subject to the hazmat reporting requirements in § 171.15?

The answer is yes. Components of a highway, such as access roads and interchange areas that provide access to highways—including interstate highways—are considered components of a "major transportation artery or facility," and are thus subject to the requirements in § 171.15(b)(1)(iv).

Is an incident report required if, during the loading/unloading operation, the consignee discovers or observes a leak from a cargo tank motor vehicle (CTMV) or other bulk packaging?

If an incident occurs while the carrier that delivered the hazardous material is observing or participating in the unloading operation, the incident must be reported because the carrier is deemed to be in possession of the hazardous material at that point— i.e., the incident occurred during transportation. For these incidents, the carrier transporting the hazardous material or other bulk packaging must complete a DOT Form F 5800.1 hazardous materials incident report.

However, if an incident occurs or is discovered while a consignee is unloading a hazardous material from a transport vehicle or emptying a bulk packaging after the carrier has delivered the material and left the premises, the incident is not required to be reported because the incident occurs or is discovered after transportation has ended. As such, the consignee is not required to file a DOT Form F 5800.1 report for an undeclared shipment or a damaged or leaking shipment that is discovered after the carrier has delivered the hazardous material.  

Please note that it is possible that a release of this nature is subject to local, state, or federal reporting requirements. We suggest you contact the U.S. Environmental Protection Agency (EPA) at 1–800–424–9346. Additionally, if a person is injured or killed Occupational Safety & Health Administration (OSHA) reporting may be required—OSHA's 24-hour hotline is 1–800–321–6742. See 29 CFR 1904.39 for requirements specific to reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA.

What information is required on the incident report form for an undeclared shipment?

The nature of an undeclared shipment is such that complete information about the shipment may not be known at the time of discovery. If the undeclared shipment is discovered because material was released from the package during transportation, then the information in Part II and Part III of the incident report should be completed to the extent that specific information is known.

Similarly, Parts IV and V of the report concerning the consequences of the incident should also be completed. If the undeclared shipment is discovered and no material was released from the package, then the person filing the report should provide as much information as possible, including the carrier information in item 10 of Part II, the shipper/offeror information in item 11 of Part II, and the shipment origin and destination information in items 12 and 13 of Part II.  

For all reports related to undeclared shipments, the events that led to the discovery of the undeclared shipment should be included in Part VI of the report. Finally, for all reports related to undeclared shipments, Part VIII should be completed to provide contact information. For information that is not known at the time the undeclared shipment is discovered, an indication in the report that the information is not known is acceptable.

Where must I keep a copy of an incident report after I file it with PHMSA?

The report must be accessible through your company's principal place of business or, if maintained elsewhere, be made available at your principal place of business within 24 hours of a request for the report if maintained at other than the reporting person's principal place of business. See § 171.16(b)(3) for requirements specific to retention of an incident report.

Is immediate notice required under § 171.15 for an incident that leads to a “road closure” when no hazardous material is released as a result of the incident?

The answer is yes. Regardless of whether a hazardous material is actually released, if a major transportation artery or facility is closed or shut down for one hour or more, the incident must be reported in accordance with § 171.15. In addition, under § 171.16(a)(1), any time immediate notice is required under § 171.15(b), a written report is also required within 30 days of the discovery of an incident.

When an incident occurs involving a package of hazardous material containing only a residue of hazardous material, as described in § 173.29, is an incident report required?

A package containing only a residue of hazardous material is not excepted from incident reporting. See 173.29(a). Section 171.16(d) provides exceptions from incident reporting, which include some scenarios that could apply to a packaging containing only a residue. However, there are no specific provisions that apply to empty packaging’s containing a residue of a hazardous material. There are scenarios where an incident report must be filed, such as when a Packing Group (PG) II hazardous material released from a drum containing only residue of the hazardous material.

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Partner With CHEMTREC for Incident Report Distribution

To help you maintain written records of incident details for analysis and internal auditing purposes and more easily fulfill regulatory reporting requirements like DOT form 5800.1, CHEMTREC offers Incident Report Distribution for carriers. 

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Designated Recipients

With this service, anyone in your organization that is designated as a report recipient will receive detailed reports of all incidents reported to CHEMTREC that involve you as a carrier.  

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Tier Levels

The Incident Report Distribution service is available in different tier levels based on the incident volume of your organization. 

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CHEMTREC can assist you with your incident reporting needs. Connect with us and get an estimate for Incident Report Distribution and 5800.1 Regulatory Reporting. 

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Benefits of Incident Reporting Distribution

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Stay informed of all incidents reported to CHEMTREC in which you are involved.

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Receive details of all reported incidents in a consistent format.

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Quickly notify clients of possible delays in shipments.

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Maintain a written record of incident details for future analysis and internal auditing purposes.

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Identify training opportunities for your staff to support continuous improvement.

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Learn more about how Incident Report Distribution benefits your organization.

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More Incident Reporting Solutions

Related CHEMTREC Services

Emergency Response

No matter where or when an incident occurs, you can rely on CHEMTREC and our hazmat emergency response services. Our Emergency Services Specialists are quick and efficient – we can help reduce your company's liability and exposure, and potentially even save lives.

Emergency Response

Consulting Solutions

CHEMTREC's Consulting Solutions helps organizations anticipate, prevent, and contain incidents at the earliest opportunity.

Consulting Solutions

files Request a Quote

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