Confuzing hazmat

sammy2014

Rookie Expediter
Hi guys, i've read some hazmat threads and still cant understand if i did right refusing to take a 30lbs flamable package un1197 which had placards on it, my dispatch told me its ok to take it but my understanding is that if its placarded i need an endorsement so i declined the load. I had an unpleasant talk with my company owner, they put me on hold not giving me any loads which is childish, i just want to understand whether i was right or wrong, thanks again
btw i told them that if shipper removes placards i would take it but they told me consignee requires placards on delivery
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running sprinter on personal plates with class D license
 
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redytrk

Veteran Expediter
Charter Member
You did the right thing. The fine and DAC report would have been on you. Even if your carrier put it in writing you were to take it, I think you would still be fined.
 

zorry

Veteran Expediter
I can partly help you.
The 30 lb box was not placarded.
It had labels.

If you had 1001 lbs of that product you would have had to be placarded. Placards are the 10.8 or 11.8 inch signs you put on the outside of the vehicle to warn people of the hazard. At 30 lbs you weren't hazardous enough to require placards.

The label, which look like mini-placards, are required by law.
 

zorry

Veteran Expediter
If you need endorsement to haul ANY quantity of HM, as I believe, the carrier owes you an apology and a dry run.
Anything less and you need a new carrier.

In the chance you only need an endorsement to haul placarded amounts, which I do not think is the case,then you were wrong but I'd put it back on the carrier for lack of proper training.
Refer to paragraph above.

Sorry, I keep forgetting this rule as I have had endorsement from day one, so it doesn't apply to me.

It's important to vanners, so you'll have an answer soon.
 

sammy2014

Rookie Expediter
well i was told by the shipper the package had diamond shaped placard with sign flamable and un code on it, thats was the dealbreaker for me, they do place placards on the package not just outside the vehicle dont they? thanks
 

zorry

Veteran Expediter
The carrier cannot put in writing "we give you permission to break the law."

By the way, hazmat fines are large enough to put most people on this sight out of business.
Log falsification with Hazmat when I ran tanker (70s)
was $10,000 per day.
 

zorry

Veteran Expediter
There are various, complex rules governing placarding.
For flammables in a van you generally get into placards once you exceed 1000 lbs.
There are items placarded at any quantity. If you want/ need to haul hazmat get an endorsement and learn as much as you can.
And keep plenty of info in vehicle. You can't remember it all. No room for error.

Most hazmat I would not want in a van.
 

Turtle

Administrator
Staff member
Retired Expediter
Hi guys, i've read some hazmat threads and still cant understand if i did right refusing to take a 30lbs flamable package un1197 which had placards on it, my dispatch told me its ok to take it but my understanding is that if its placarded i need an endorsement so i declined the load. I had an unpleasant talk with my company owner, they put me on hold not giving me any loads which is childish, i just want to understand whether i was right or wrong, thanks again
It's an unfortunate situation, but you were dead wrong.

It's certainly best if you are well educated in HAZMAT procedures, rather than relying on dispatchers, shippers and company owners, since they might be wrong and it is you who are ultimately responsible for what you haul. Having said that, unless you know something for sure, when you have that many different people telling you it's OK to haul something, it probably is.

This is precisely why I strongly advocate that drivers study the HAZMAT section of the CDL manual and take as many online practice tests as necessary, even if they don't want a CDL or a HAZMAT endorsement. Knowledge is power, and in this case knowledge is money, would have prevented you from losing a load and being put on the Moron Van Driver List at your carrier.

Fortunately, ignorance is easily fixable. It's one of the best things about being ignorant, it affords you the opportunity to learn more about your job.

btw i told them that if shipper removes placards i would take it but they told me consignee requires placards on delivery
As you will see below, it's quite illegal to remove the placard labels from the packaging of any material that is listed on the Table of Hazardous Materials, regardless of whether it requires vehicle placarding and a HAZMAT endorsement, and then transport it.

UN 1197 is Class 3 Flammable, which is a Table 2 hazardous material, and only requires placarding on the vehicle and a CDL with a HAZMAT endorsement if the quantity is is 1001 pounds or more.

This page (DOT Hazmat Placard Table 1 and Table 2) lists the Table 1 and Table 2 hazardous materials. Anything on Table 2 can be hauled by someone without a HAZMAT endorsement as long as it's 1000 pounds or less.

Anything on Table 1, regardless of quantity, must be placarded and the driver must have a HAZMAT endorsement.

The little diamond-shaped, placard-looking labels on the sides of the packaging is not what determines whether the vehicle itself needs to be placarded (which are the large diamond-shaped cards) and you need an endorsement. The reason the little placards are on there is because the material itself (in this case, liquid extracts or flavorings) is listed on the Table of Hazardous Materials, and in certain quantities (more than 1000 pounds) is actually hazardous to people or the environment, but in less quantities it's not hazardous.

Each individual 30 pound package must be labeled with the Hazard Class, because multiple individual packages may find their way into a pallet and onto a vehicle and end up weighing more than 1000 pounds, which requires placarding and an endorsement. Imagine if the placard-looking labels were removed from that 30 pound container, and then a week later that container was placed on a pallet along with 980 pounds of UN 1325, which is also not required to be placarded because it's less than 1001 pounds. But combined they are. Someone could add up the weight of all of the properly labeled hazardous material, 980 pounds, and think they don't need an endorsement to haul it, because that 30 pound container is void of HAZMAT labels. Yet those 30 pounds are also hazardous, making the total weight 1010 pounds, which requires placarding and an endorsement.

The other way to look at it is, that 30 pound container has HAZMAT diamonds on it not because it requires an endorsement, but because it WOULD require an endorsement if the load weighed more, and somewhere either before you picked it up or after you delivered it, it just might.

For this reason, as required by 49 CFR Part 173 (US Code of Federal Regulations, part 173) it is the shipper's responsibility to first identify whether a material meets the definition of "Hazardous Material." Doesn't matter what it weighs, all that matters is whether or not it's on the Table of Hazardous Materials, and if it is, the next step is properly package and mark the packaging with correct HAZMAT warning label (the little placards).

If you pick up a single 5-gallon bucket of paint, it may have a little HAZMAT label on the bucket. But since it's one bucket that weighs 50 pounds it doesn't require placards on the vehicle. However, if you pick up 24 of those buckets, it'll weight 1200 pounds and the load will need to be placarded. But the little placard labels have to be on the bucket no matter how many buckets you are picking up.

Get the CDL Manual from your state (probably a downloadable PDF file of it) and pretend you're going to get a HAZMAT endorsement. It wouldn't hurt to read the entire thing, actually. But go over the HAZMAT stuff in there, and then you can go online and take practice tests like crazy. Then you'll know. You'll know to not let some ignorance shipping clerk try to put something on your van that you can't haul.
 
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sammy2014

Rookie Expediter
thanks Turtle, i actually have cdl manual at hand its says if vehicle requires placards you must have an endorsement, i thought it applies to cargo also, unfortunatelly neither company owner nor anybody in dispatch has no clue about exactly why i could have taken the load so it turned me off even more,
thanks again for your input i appreciate it
 

zorry

Veteran Expediter
The confusion is the difference between PLACARDS and LABELS.

Very similar, yet very different.
 

Turtle

Administrator
Staff member
Retired Expediter
I've edited my reply above to properly differentiate between the placard-looking, diamond-shaped labels found on the packaging, and the actual placards which are the large cards that you place on the outsides of the vehicle.

A placard is paperboard sign or notice, as one posted in a public place or carried by a demonstrator or picketer. A noticeably visible sign to all (the general public). It comes from the Old French plaquart, from plaquier to plate or lay flat, from plaque, a plate of body armor.

That shouldn't be confused with a label, either printed or a sticker, on an individual package, which isn't really noticeable to the general public, even if the label mimics an actual placard.

The label on the package is to identify the material, nothing more.
 

zorry

Veteran Expediter
In Hazmat, it's size that matters. At least when differentiating between labels and placards.
 

beachbum

Veteran Expediter
Owner/Operator
I know one thing about hazmat and that is if it does NOT need a placard you DON'T need a Cdl or hazmat endorment.
 

sirgregory46

Expert Expediter
I know one thing about hazmat and that is if it does NOT need a placard you DON'T need a Cdl or hazmat endorment.

He is correct. Your carrier will have a class at orientation give you a cute little card and as long as you don't have a quantity that calls placards you are fine. The class teaches you what you can haul and what to stay away from. Everything in hazmat deals with quantity. You need to read the little green book. 20+ years of hauling that crap. I don't haul it now to much liability. Not enough profit!!!

Sent from my SCH-I545 using EO Forums mobile app
 
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zorry

Veteran Expediter
I'm wondering if this has changed ?
I'm solo this week as my lovely wife is in Indiana renewing her License.
I reviewed the latest training guide from JJ Keller with her a week ago and I thought an endorsement was needed for any quantity of hazmat.
She has the books and I don't pick her up til Sunday.

This is logical because having the endorsement means you have a basic working knowledge of hazmat.

I may be confused because of a cautious carrier rule that states you need an endorsement to haul any quantity.

What happens if the 970 lb shipment turns out to be mislabeled ? It's really 1050 lbs. Guess who's in trouble now if no endorsement ?
 

sirgregory46

Expert Expediter
I'm wondering if this has changed ?
I'm solo this week as my lovely wife is in Indiana renewing her License.
I reviewed the latest training guide from JJ Keller with her a week ago and I thought an endorsement was needed for any quantity of hazmat.
She has the books and I don't pick her up til Sunday.

This is logical because having the endorsement means you have a basic working knowledge of hazmat.

I may be confused because of a cautious carrier rule that states you need an endorsement to haul any quantity.

What happens if the 970 lb shipment turns out to be mislabeled ? It's really 1050 lbs. Guess who's in trouble now if no endorsement ?

Two will be in trouble. The shipper and you for not following hazmat procedure. The shipper is required to put the proper weight and nomenclature plus highlight it. But the chance of a dot officer being able to tell you have 80lbs too much freight is hard to do with removing the freight. Which he is not able to do because of hazmat rules. It is always your responsibility to make sure what goes on your truck. If it doesn't look right do not load it. I rather let rot on the dock that take a hazmat fine!!!!!!!

Sent from my SCH-I545 using EO Forums mobile app
 

Turtle

Administrator
Staff member
Retired Expediter
I'm wondering if this has changed ?
No, it hasn't changed.

I reviewed the latest training guide from JJ Keller with her a week ago and I thought an endorsement was needed for any quantity of hazmat.
An endorsement is only required to haul HAZMAT which requires placarding.

383.93(b) Endorsement descriptions. An operator must obtain State-issued endorsements to his/her CDL to operate commercial motor vehicles which are:
(4) Used to transport hazardous materials as defined in § 383.5,

383.5 Hazardous materials means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.

This is logical because having the endorsement means you have a basic working knowledge of hazmat.
The FMCSA and logical? Surely you jest. :D
Actually, it is rather logical, but you have to view it from its base to use logical progression. Why do we have special rules for hazardous materials? What are hazardous materials? Hazardous material is anything that poses an unreasonable risk to the public or the environment. Obviously, we have the special rules to protect the public and the environment when transporting hazardous material. So, as an example, does a 5-gallon bucket of paint pose an unreasonable risk to the public or the environment? Of course not, thus no special rules or provisions are necessary to transport that 5-gallon pail of paint. However, in larger quantities, like 40 pails of paint, now you're talking a significant risk if that paint escapes the buckets, so special rules are in place to deal with that risk. It's quite logical.

I may be confused because of a cautious carrier rule that states you need an endorsement to haul any quantity.
That, and truckers who naturally think the same thing. Most people hear "HAZMAT" and automatically think "endorsement required," and logically, in that sense, that's true. HAZMAT is HAZMAT, and from a driver's perspective HAZMAT requires an endorsement. Except, not all HAZMAT requires an endorsement. It's a terminology problem, as far as I'm concerned, because there needs to be a simple way to differentiate HAZMAT which requires and endorsement from HAZMAT that doesn't, other than going through the whole Table 1 versus Table 2 and only if it's 1001 pounds or more song and dance. I tend to refer to HAZMAT that doesn't require placarding as "non-placardable HAZMAT" (or, steadfastly, as "not HAZMAT" because from the perspective of needing an endorsement to haul it, it ain't).

What happens if the 970 lb shipment turns out to be mislabeled ? It's really 1050 lbs. Guess who's in trouble now if no endorsement ?
If it's mislabeled, it's on the shipper. The shipper has strict rules regarding the shipping papers, one of which is the applicable unit of quantity measurement (kg/lb weight, or liter/gallons liquid).
 
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