DOT Provisions for Sequence of Shipping Description Required as of January 1, 2013 Reply

In January 2007, the US Department of Transportation (DOT) put in place a number of revisions to better align the DOT requirements with international requirements for shipping hazardous materials. Some of these requirements were effective as of January 1, 2007 and others had delayed compliance deadlines.

The requirements regarding the sequence of the information in a proper shipping description on a shipping paper used to ship hazardous materials regulated by the DOT had a delayed compliance deadline of January 1, 2013.

As of January 1, 2013, the proper sequence of information in a shipping description on a shipping paper is as follows:

-UN/NA number
-the proper shipping name (from the Hazardous Materials Table)
-the hazard class
-the packing group

For more information, refer to the federal register at http://www.gpo.gov/fdsys/pkg/FR-2006-12-29/html/06-9849.htm, the DOT regulations 49 CFR 172.202, or contact Linda Swift at (508)970-0033 extension 119 or via email at lswift@capaccio.com.

EPA’s New Tier II Software Now Available Reply

The newest version of Tier2Submit, the Environmental Protection Agency’s Tier II software developed to help facilities prepare electronic chemical inventory reports, is now available for download. This version, designed for Reporting Year (RY) 2012, can be used to report Emergency Planning and Community Right-to-Know Act (EPCRA) Tier II chemical inventory data. Each state and town may have specific reporting requirements so check with your state before starting the Tier II chemical inventory reports. These reports are due by March 1, 2013 for chemicals stored onsite in calendar year 2012.

Visit the EPA’s Tier II website at http://www.epa.gov/emergencies/content/epcra/tier2.htm to find information on state reporting requirements, to download the Tier2Submit 2012 software, and to review Tier II reporting forms and instructions. For more information, please contact Linda Swift at 508-970-0033 ext. 119 or lswift@capaccio.com.

Answers to Frequently Asked 527 CMR 33 Questions Reply

CAPACCIO has played a part in helping to clarify questions about the 527 CMR 33 Hazardous Materials Process or Processing Regulation by submitting questions to the Board of Fire Prevention.  Answers to our questions, as well as answers to questions from others, are available on the Massachusetts Department of Fire Services website at this link:  http://www.mass.gov/eopss/docs/dfs/osfm/cmr/527-cmr-33-faq.pdf

For more information or if you need help complying with this regulation, please contact Linda Swift at 508-970-0033 ext. 119 or lswift@capaccio.com or Chris Walton at 508-970-0033 ext. 139 or cwalton@capaccio.com.

 

Proposed Changes to the Hoisting Regulations Reply

Background

The licensing of hoisting machinery operators is covered under Massachusetts General Laws (MGL) Chapter 146, Section 53. The regulation, 520 Code of Massachusetts Regulations (CMR) 6.00 associated with this law, requires all operators of hoisting machinery, including forklifts used in manufacturing, retail and warehouses, to complete an application and pass a test to obtain a license from the Massachusetts Department of Public Safety (DPS).  The regulation applies to all hoisting machinery used on private or public property where the height of the lift exceeds 10 feet or the weight of the load exceeds 500 pounds. Section 53 (e) of the amended law added the following exemption to the licensing requirements for:

“A company which operates hoisting equipment specifically limited to industrial lift trucks, forklifts, overhead cranes and other hoisting equipment, specifically authorized by the department, and used exclusively on company property.”

The amendment states that the exemption will only apply if a company has:

(1)  at least one supervisory employee on site at all times of operation that holds a license issued by the department under this section and is designated as the responsible person in charge of hoisting equipment during that period of operation

(2)  an in-service training program for employees approved by the department which may be audited by the department

(3)  company licenses issued to each trained and certified employee which shall contain a picture of the licensee, a list of the specific hoisting equipment the licensee has been qualified to operate, and the signature of the supervisor who holds a department license.

How does it affect companies?

The DPS is proposing a change to the regulations to match the added exemption to Section 53(e) of the law. A company seeking to comply with the hoisting license requirements and exemption must first designate a supervisory employee(s) to be responsible for the operation of hoisting equipment.  The supervisory employee(s) must then obtain a Class 1C hoisting license from the DPS.  After the designated employee(s) receives a license from the DPS, the company must then provide the DPS with a copy of its complete training program used to train employees to operate forklifts.  The company must provide DPS with the complete training program, not just a description or outline.

After the DPS approves the company’s training program, the supervisor(s) who have been issued a Class 1C hoisting license then need to train employees in accordance with the approved program.  Authorized operators would then be issued a license that includes a picture, a list of the specific equipment that the employee is qualified to operate, and the signature of the supervisor who holds the Class 1C license and conducted the training and evaluation.  Employees can only be trained and certified to operate the specific equipment for which the supervisory employee holds a license issued by the DPS.  At all times of operation, there must be a supervisory employee on-site who holds a license.  A public hearing on the proposed changes to the regulations will be held on December 3, 2012.

Potential fines for noncompliance

In addition to above, the DPS drafted a new regulation, 520 CMR 1.00, that establishes standards for issuing monetary fines for violations of certain statutes and regulations. The DPS is now authorized, under MGL Chapter 22, Section 21, to assess fines of up $5,000 for violations of certain statutes and regulations, including hoisting. The DPS will hold a public hearing on 520 CMR 1.00 on November 28, 2012.  For more information, contact Colleen Walsh at 508.970.0033 extension 129 or  cwalsh@capaccio.com.