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)]

Worthington Industries has announced a price increase on some of its steel and aluminium cylinders, effective on all new orders shipped on or after 1st July, or as contracts allow.

Announcing the hike on Tuesday (11th May), Worthington said the increase will be made on the following:

-Steel portable, forklift, specialty chemical and fire extinguisher cylinders will advance 15%.

-Heating and system tanks, including 100-pound carbon steel tanks, will advance 15%.

-Steel refillable and non-refillable cylinders for refrigerant, foam and adhesive products will advance 15%.

-Aluminium portable and forklift cylinders will advance 5%.

Jimmy Bowes, General Manager of the Industrial Products Business for Worthington, said, “Raw materials and other market conditions continue to increase our manufacturing costs.”

“As always, we remain dedicated to meeting the needs of our customers during these challenging times.”

Norris Cylinder has said it will implement a price increase on all products for new orders shipping on or after 1st February (2021), or pursuant to individual customer contracts.

In a statement, the Michigan-based company said prices on all high-pressure cylinder models will rise by 7% and acetylene cylinders will increase by 9%.

“We will continue to monitor the situation and remain focused on pursuing world-class manufacturing practices and investments that allow us to remain an industry leader of highest quality cylinders to customers in over 120 countries,” said Norris Cylinder.

Explaining the new prices, Norris said that increases in the cost of steel, components, and other key raw materials including acetone, have risen to levels that can no longer be absorbed or outpaced by operational efficiency improvements, resulting in the need to increase sale prices.

Worthington Industries has announced a price increase for its steel and aluminium cylinders, effective on all new orders shipping on or after 1st Feb (2021), or as contracts allow.

According to a statement released on 11 January, prices on all fire extinguisher and suppression system cylinders, and specialty chemical cylinders will advance 15%.

Prices on all aluminium forklift cylinders and aluminium portable cylinders will advance 10%.

The company also said that prices on all steel heating and system tanks, including 100-, 200- and 420-pound tanks, all steel portable cylinders, steel forklift cylinders, steel industrial cutting gas cylinders, and all refrigerant refillable and recovery cylinders, sizes 30 to 1,000 pounds, will advance 8%.

“Steel prices and other operating expenses continue to rise, forcing us to make adjustments to offset these costs,” said Jimmy Bowes, General Manager of the Industrial Products Business for Worthington Industries.

“We remain focused on meeting the needs of our customers and our country while balancing the demands of the pandemic and the safety of our employees.”

The Occupational Safety and Health Administration (OSHA) has updated their fines for the new year. The maximum penalty amounts, with the annual adjustment for inflation, that may be assessed after January 15th 2021 are the following:

TYPE OF VIOLATION PENALTY

Serious Violation $13,653 Per Violation

Other-Than-Serious Violation $13,653 Per Violation

Violation of Posting Requirements $13,653 Per Violation

Failure to Abate $13,653 per day beyond the abatement violation

Willful or Repeated Violation $136,532 per Violation

On March 25, 2020, the Pipeline and Hazardous Materials Administration (PHMSA) issued a notice of enforcement action regarding obtaining or providing recurrent training to hazmat employees. The notice stated that no enforcement action would be taken against companies that were unable to provide recurrent training for 90 days. On June 24, 2020, PHMSA extended the hold on enforcement actions until October 31, 2020.

PHMSA recognized that the unprecedented changes in business practices related to the COVID-19 outbreak left many companies without a means to obtain or provide recurrent training for their employees in their traditional ways, such as in person classroom training. While time was provided for companies to adjust their training plans, this enforcement discretion was never anticipated to be permanent.

October 31, 2020, is almost here, how does this effect companies?

The hazardous materials regulations are found in 49 CFR Parts 100–180. The regulations are enforced by PHMSA, the Federal Motor Carrier Safety Administration (FMSCA), the Federal Railroad Administration (FRA), the Federal Aviation Administration (FAA), and the US Coast Guard.

The training requirements are found in 49 CFR Subpart H (172.700). All hazmat employees are required to receive training within 90 days of beginning hazmat functions and recurrent training at least every 3 years after that. PHMSA’s policy meant that no enforcement actions would be taken against a company that didn’t provide recurrent training between March 25 and October 31, 2020. The policy never applied to initial training.

After October 31, 2020, PHMSA expects that companies have been able to rework and adapt their operations with the COVID crises in mind and can provide the recurrent training as required by the regulations. This means that violations and penalties will be issued for non-compliance with the recurrent training requirements.

Penalties for non-compliance with the recurrent training requirements can be $1,000+ per employee and can add up quickly.

How does a company avoid being in non-compliance?

The simple answer is to get your training updated now before you are out of time. There is no requirement for hazmat training to be given in an in-person classroom setting. In the notice, PHMSA states that training can be provided by any method including webinars or self-paced online computer-based instruction such as online hazmat training provide by American Cylinder and Safety.

Today is the first day of October. This means different things to different people. For some it means fall is here, the leaves change, and weather starts to get colder. For the U.S. Government, it means the beginning of a new fiscal year. The new fiscal year brings about new editions of the Codes of Federal Regulations (CFR). Updated every year, they are published and available for purchase starting in November. This is important because a cylinder requalifier needs to have on hand the latest regulations in order to satisfy the requirements of the U.S. Department of Transportation under section 180.205(a)(4). If you are party to a unannounced compliance inspection, one of the first questions a DOT enforcement inspector will ask during an audit is "show me your latest CFR book". If you show them a previous edition it could be a $600 - $1200.00 fine. Ensure that you are not out of compliance by procuring the latest edition when published.

The US Department of Transportation (DOT) has reached a reciprocity agreement with Transport Canada (TC) which allows all DOT-3AL qualified aluminum high pressure gas cylinders to be sold, put into service, and retested in Canada. Transport Canada has advised that the TC-3ALM crown markings/stampings on aluminum cylinders are no longer necessary.