PHMSA Fine Increases For Hazmat Shipping Non-Compliance

phmsa fines increase for hazmat shipping non-complianceYour company handles and ships hazardous materials. You understand the importance of keeping your workers and the environment protected from possible contamination due to the mishandling of the hazardous materials or the failure of equipment in transporting these materials. This includes transporting the hazardous materials through pipe lines and other modes of transportation.

Being aware of the possible risks, implementing the proper training of employees and instituting materials handing procedures can help you maintain operations and a safe working environment at your company. In addition, staying in compliance of all federal regulatory organizations also ensures your company doesn't pay costly fines for non-compliance of following all minimal transportation standards. Yet you should also be aware of the fine increases that have been implemented by the Pipeline and Hazardous Materials Safety Administration (PHMSA).

PHMSA Increases Fine Amounts For Violations


The Pipeline and Hazardous Materials Safety Administration (PHMSA) inspects and enforces companies involved in creating hazardous materials for transportation and for companies that manufacture, repair, rebuild or retest packaging used to transport these hazardous materials, including pipeline operators. The PHMSA looks for any violations of regulatory standards and imposes penalties when seeing anyone in non-compliance of federal statutes that could endanger workers, the public and the environment.

In October of 2012, the PHMSA revised their regulations in regards to the maximum penalty amount and minimum penalty amount it could levy against companies who are in non-compliance of transportation regulations for hazardous materials. Types of companies that the PHMSA perform field inspections for include:

  • Chemical and explosive manufacturing plants

  • Packaging manufacturing facilities

  • Packaging re-qualification, reconditioning and repair facilities

  • Shipper transportation companies

  • Carrier transportation companies

  • Rail freight yards

  • Air cargo terminals

  • Cargo vessel ports

  • Motor carriers


Called the "Moving Ahead For Progress in the 21st Century Act (MAP-21), PHMSA revisions now detail the fine increases for companies that knowingly violate regulations, for companies that violate the regulations as their violation leads to the death or serious injury to a person or substantial destruction to property, or when a company commits a violation in training workers in regards to the transportation of hazardous materials. The following maximum and minimum fines have been instituted:

1: Maximum civil penalty has been increased to $75,000 from the previous $55,000 when anybody knowingly violates the federal transportation of hazardous materials law.

2: Maximum civil penalty has been increased to $175,000 from the previous $110,000 when anybody knowingly violates the federal transportation of hazardous materials law that results in the death, serious injury or sever illness of a person or causes a substantial amount of property destruction.

3: Minimum civil penalty has been changed from $250 to $450 for violations in training.

Stay In Compliance When Shipping Hazardous Materials


Violating federal transportation laws can be costly to your business as well as cause unsafe working conditions. Be aware of the PHMSA federal regulations when it comes to transporting hazardous materials as you should implement compliance programs and training sessions for every employee onsite. In addition, you can avoid penalties and substantial fines by working with packaging companies that specialize in providing shipping products for hazardous materials as well as dealing with shipping companies who work exclusively with companies that manufacture hazardous materials.

The penalties are only in place for companies that knowingly take the risks of violating federal transportation laws for their materials. Don't allow your company to engage in such unethical conduct that could result in such penalties. Properly transport your hazardous materials in a safe and legal manner to prevent serious accidents that could result in hurting innocent people or damaging property.

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