In an unexpected announcement by the US DOT, is yet another increase in civil penalty amounts for HAZMAT violations. This is the second increase in less than a year, as the US DOT had increased HAZMAT civil penalties in the Spring of 2022. The new HAZMAT civil penalties took effect on January 1st, 2023, and have been increased across the board.

Maximum civil penalty amounts have increased for HAZMAT violations, hazmat training violations, and hazmat violations resulting in death, severe injury, or other serious incidents. The new penalty amounts are as follows:

- Violation of hazmat regulations: from $89,679 to $96,624

- Violation resulting in death, severe injury, etc: from $209,249 to $225,455

- Violation of hazmat training regulations: from $540 to $582

Given the significant increase in hazmat civil penalties, staying up to date on HAZMAT training is more important than ever. Those who are found to be in violation of HAZMAT regulations can face serious financial penalties.

The HAZMAT industry is both complex and an ever-changing sector of the US economy. The civil penalty increases are meant to reflect the seriousness of HAZMAT violations and encourage all HAZMAT professionals to stay up to date on HAZMAT regulations and best practices.

By raising HAZMAT civil penalties, the US DOT is sending a clear message that HAZMAT compliance is non-negotiable. It’s essential for all professionals and organizations, to stay informed and current about the latest hazmat regulations.

We have added new class dates to the training schedule for February thru April.

Special Permit 9791 has been renewed by the U.S. Dept of Transportation special permits office.  The Special Permit has been renued through 2026.  Cylinders under this Special Permit are once again valid for requalification, filling, and use.  The New Special Permit is availibile on the PHMSA Website.

Do you have a spare $14,500 just sitting around that you can spend on anything? This amount is the new penalty amount that OSHA can fine businesses for violating OSHA workplace standards. If you fail to correct your violation, and you are found in violation again, the penalty amount increases to $140,027 per violation. Why am I mentioning this you might ask? In 2022, lack of GHS and HAZCOM training was the second most cited violation. This is a 25% increase from the previous year. Training in the Global Harmonization System (GHS) and Hazard Communications (HAZCOM) is mandated in 29 CFR 1910.1200 for all employees. You can mitigate the potential for a OSHA violation by conducting this training. Our GHS/HAZCOM training class is a self-paced program that meets all OSHA requirements. At $25 per student, it is much more affordable than a fine. See our webstore to sign up.

October has been a bad month for cylinder accidents. There have been two catastrophic ruptures, one in Australia and one in the Netherlands, that unfortunately have resulted in severe injuries or fatalities. On 5 October, a 36-year-old man lost a leg in a dive-shop explosion in Geelong, near Melbourne in Australia. He had been filling cylinders at the long-established Australian Diving Instruction school on 5 October after the school had closed. The explosion blew out the windows of the building, and emergency services treated the man at the scene for more than an hour before he could be airlifted to hospital. His condition was said to remain serious, and WorkSafe Victoria inspectors were investigating.

On 16 October, a Dutch scuba-diving instructor died of his injuries following an incident at a public swimming pool in Amstelveen, a suburb of Amsterdam. The fatality occurred at the De Meerkamp pool complex. The victim, from the Nemo diving club, was conducting a lesson in a dedicated instruction pool when a scuba tank is believed to have exploded. The pool was evacuated and remains closed while the Netherlands Labour Inspectorate investigates the incident. Preliminary findings show that a incompatible valve was installed in the cylinder, resulting in a failure to maintain structural integrity of the cylinder.

Both of these accidents could have been prevented with proper safety and cylinder handling training.

SP 9791 remains expired. There is the POTENTIAL for USDOT administrative action on the SP to renew it without end users being required to apply for any party status. For now: No testing, filling or using until further notice. Current action - Mark as "Rejected" and set aside for now.

The special permit for SP-9791 steel cylinders expired on 30 September 2022.  Currently, no application for renewal has been submitted to the USDOT.  Because there is currently no valid special permit, any SP-9791 cylinders are not approved for requalification and/or filling.  Efforts are being made to contact the holder of the expired special permit in order to determine if there is a plan to submit for renewal.  Untill a answer is recieved, these cylinders should be put aside and not filled.  

We have added two more virtual training classes to our course list.  If you are a hydrotester, we now have a familiarization class for DOT Special Permits and another class for familization of the 10% Overfill (+ Stamp) process.  Hydrotesters are required to have Special Permit training according to 49 Code of Federal Regulations, so this is a easy and quick way to meet this requirment.

On September 13, 2021, PHMSA reinstated an extension for the requalification of cylinders containing Division 2.2 (non-flammable, non-toxic) gases. As a result of continued challenges introduced by the COVID-19 Delta variant, PHMSA indicated the medical and industrial gas industries are having difficulties obtaining qualified cylinders that are not due for reinspection. In a move similar to previous relief programs, PHMSA is extending the requalification of DOT-specification cylinders used to transport Division 2.2 gases for a period of up to 12 months through January 15, 2022. This step allows cylinders that were due for requalification prior to January 15, 2022, to extend the requalification date by an additional 12 months or to January 15, 2022, whichever is sooner.

For example:

A cylinder that was due for requalification on November 1, 2020, will now be required to be requalified by November 1, 2021 (an extension of 12 months).

A cylinder that was due for requalification by April 1, 2021, will now be required to be requalified by January 15, 2022 (an extension of 9.5 months).

The official release can be accessed from the PHMSA Website – Reinstatement of PHMSA Cylinder Relief for COVID-19.

Thank to Gene Guilford of the Institue of Hazardous Materials Managment for providing this update.

Federal law concerning compliance orders and civil penalties are subject to change. The US Department of Transportation has increased hazmat civil penalties for regulatory violations effective May 3, 2021, including violations of the Hazardous Materials Regulations (HMR). The increase apply to hazardous materials violations by ground, air, and sea transportation.

Adjusting Hazmat Civil Penalties

The new hazmat civil penalty amounts are as follows:

1. The maximum hazmat civil penalty for hazmat shipping violations has risen from $83,439 to $84,425 per day, per violation.

2. For a violation that results in death, serious illness, severe injury, or substantial property damage, the maximum hazmat civil penalty has risen from $194,691 to $196,992 per day, per violation.

3. The minimum penalty for failure to provide hazmat training for employees has risen from $502 to $508 per employee, per day.

[see 49 USC 5123(a)(1), (2), and (3)]