Drum It Up! Steel Drum Industry News, Trends, and Issues

PHMSA 2019 Enforcement Activities

January 26th, 2021 by Howard Skolnik

Filed under: Associations, DOT/UN, Skolnik Newsletter

Each year, the Department of Transportation’s (DOT) Pipeline of Hazardous Materials Safety Administration (PHMSA) publishes a list of the fines that they have given for violation of the Code of Federal Regulations, CFR49. DOT is becoming a very aggressive regulator, and manufacturers and shippers must be sure they are complying with the rules. Recently, DOT issued its Annual Civil Penalty Report for 2019. The Agency processed a total of 418 penalty actions in that year, resulting in the collection of $2,615,244 in civil penalties.

DOT issued 13 penalties to eight (8) manufacturers and reconditioners of industrial packagings. The highest penalty was for $26,680, and one was a low as $1,213. The average penalty issued was just under $9,500.00.

The most common penalties for the industry were:

  1. Failure to conduct the required hazardous materials training, (particularly function specific training);
  2. Failure to maintain proper training records; and
  3. Failure to maintain proper design type test records.

DOT is on our streets and in our businesses, checking test records and procedures. Take the time to verify that your CFR requirements are being performed and documented.

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