Changes In Place For Incident Reporting

On December 3, 2003, the Research and Special Programs Administration (RSPA) published the final rule in Docket No. RSPA-99-5013 (HM-229). This ruling authorized revisions to both Incident Reporting and the Incident Reporting Form. Compliance with the new rule is scheduled to take effect on July 1, 2004. Under the current regulations, Title 49, CFR 171.15 and 171.16, the responsibility for making telephonic notification and subsequently submitting a Hazardous Materials Incident Report is the sole responsibility of the carrier. With the adoption of HM-229 any reportable incident that occurs while the material is in transportation in commerce is now the responsibility of the individual in physical possession of the material during the time of the incident. DOT had previously defined "transportation" as “the movement of property and loading, unloading, or storage incidental to the movement.‘’ Based upon that definition incidents that occur during any of those phases are considered part of transportation and therefore subject to the reporting requirements. In HM-229, the responsibility for reporting incidents moves it from the carrier to the individual who is in possession of the material at the time of the incident. To view the final rule and HM-229 in its entirety please visit: http://hazmat.dot.gov/68fr-67745.pdf.