HM-223 is the newly proposed regulation that determines pre-transportation functions. While nothing has changed in terms of what shippers are required to do, there has been a clarification on the responsibilities of the shipper and the functions that the DOT should perform. Furthermore, the DOT has determined that they have oversight responsibilities for these functions within a shippers facility but this does not mean that the shipper does not have to comply with the relevant OSHA and EPA regulations. Conceivably this could result in the DOT, the EPA and OSHA all showing up at a facility and all explaining to the shipper that they have oversight responsibilities for the functions that they are performing in pre-transportation. The result of HM-223 is that there are going to be more pre-transportation inspections rather than in-transit inspections and shippers are going to have to be able to not only document and prove that what they are doing is correct and in compliance with the DOT‘s regs, but that they also conform with all of the relevant EPA and OSHA regulations.
DOT/UN