A Year Of Many Changes

Here are just some of the items of interest.

By Michael Dodd

Cylinder Requalification — DOT passed a rule that requires anyone requalifying certain cylinders with the visual method to be registered, to have a retester's identification number, and to mark the cylinders with that number after passing the requalification examination. This was supposed to take effect on September 30, 2003, but the deadline was extended until May 31, 2004. DOT was overwhelmed with over 2,300 applications. This new regulation is of particular interest to anyone requalifying LPG cylinders. Be sure to review the August 2003 Traffic Bulletin.

Cylinder Filling — HM-220D became a final rule and was then issued again to clarify several points, one of which was that pressure relief devices on certain cylinders had to have burst ratings +0/-10% rating, except for 2.2 products. See 180.205(c)(4) for the exact wording.

DOT cited one of our members in 2003 for having settled pressures over the maximum allowable limits marked on their filling logs. DOT has stated that it will not allow any tolerance on the plus side of the maximum allowable filling pressure. CGA and GAWDA are currently working with DOT on this issue to see if we can get some small percentage of plus tolerance. The problem is that FDA requires that you fill cylinders to at least the level of the contents that you state you are selling to medical customers. So, DOT says +0% on filling and FDA says -0% on filling, which means that we have to fill all cylinders absolutely perfectly to the rated filling pressure. As you know, it can't happen. Stay tuned on this one.

Security — One of the biggest stories in the past year has been the release of security regulations. Here are the high points:

As of March 25, 2003, you are required to do security awareness training the next time that you do your general awareness and safety hazmat training, but no later than March 25, 2006. Hazmat training is required every three years and now security awareness must be a part of that training. RSPA offers a free CD for this training and I highly recommend it. If you need a copy, I would be happy to mail you one.

You should have put together a written security plan for your locations by September 25, 2003. If you need a sample plan, I have a good example that you can modify to fit your needs.

You were to do in-depth training on your specific written security plan by December 22, 2003. This is a one-time training unless you update your plan.

I wrote three Traffic Bulletins on security in 2003: “Security Training” (May 2003), “Security Plans” (June 2003), and “Security Plan Training” (November 2003). Rick Schweitzer wrote an article, “TSA Begins Background Checks on CDL Drivers with Hazmat Endorsements” (September 2003). All of these are available on the GAWDA consultants' Web pages at www.gawda.org.

There was a lot of focus on security with hazmat drivers, but something easy to overlook is the requirement that all employees hired after September 8, 2003, who handle or have access to hazardous materials must have the information on their job application verified.

What's Coming in 2004?
By the time you read this, the new Hours of Service rules will be in place, and many of you will have jumped through hoops to deal with the 14 consecutive hours rule. Be sure to read the December 2003 Traffic Bulletin for the details and a comparison chart showing the old and new rules.

Background checks on CDL drivers with hazmat endorsements is scheduled to begin April 1 or December 1, depending on which state you are in. You will be hearing more on this as it finalizes.

The new DOT Incident Reporting Form 5800.1 becomes effective on July 1, 2004. (HM-229) Look for a Traffic Bulletin on this subject in June.

The Federal Motor Carrier Safety Administration (FMCSA) has already begun a program designed to increase the use of seatbelts by commercial motor vehicle drivers. A recent study found that only about 48% of the CDL drivers are using seatbelts compared to a passenger car rate of about 79%. From a personal viewpoint, I hope your company has a mandated use of seatbelts by all employees on company time. It definitely saves lives. Not using a seatbelt should be considered a career decision.