What Types of Penalties Can Result from Not Following Hazmat Rules?

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If you ship hazardous materials, you must ensure you strictly follow the hazmat rules. Besides protecting the workers who handle the materials and ensuring the materials remain safe throughout the process, you can also face significant penalties for failing to follow these rules.

While it might take you some additional time to ship hazardous materials safely, it’s worth it to avoid these penalties. If you are unsure of which hazmat regulations you need to follow, ask a shipping supplier like Air Sea Containers for recommendations on the best boxes, packaging and labels to use. Once you know what types of penalties can result from not following hazmat rules, you’ll want to ensure you know exactly how to comply. But before we get into the details, consider these fast facts:

• The Federal Hazardous Material Transport (HMTA) Law governs shipping of hazardous materials.
• You can face significant fines and jail times for violating the HMTA.
• There are nine classes of hazardous materials.
• Several federal departments oversee the transport and disposal of hazardous materials and waste.

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The Federal Hazardous Material Transport Law

The Federal Hazardous Material Transport (HMTA) Law, implemented in 1975, defined types of hazardous materials and introduced regulations for their storage and transport. This law gave the Secretary of Transport the power to designate certain materials hazardous to protect workers and the environment from hazardous materials. Since then, other agencies have also been given the ability to enforce the HMTA, including the Environmental Protection Agency, the Federal Motor Carrier Safety Administration, the U.S. Coast Guard and OSHA. 

The act also introduced penalties for failing to follow the regulations when shipping hazardous materials. In the years since, the Department of Transportation has increased the fines to keep up with inflation.

HMTA Penalties

If you violate the HMTA regulations by failing to use the correct hazmat shipping labels or using a standard shipping box instead of a hazmat box, you could face significant fines.

Under the HMTA, there is a cap on the civil penalties fine of $83,439 per violation. However, if your failure to follow the code results in significant property damage or causes a severe illness or injury, you could face fines up to $194,691 per violation. You could also face jail time, depending on the severity of your violation. If the Department of Transport discovers that you have repeatedly violated the same rule, you can receive fines for each incidence. 

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Other Regulations Concerning Hazardous Materials

While the HMTA is the most significant legislation regarding hazardous materials, several other government bodies also have regulations and requirements for certain situations. OSHA regulates how to protect your workers when they handle your hazardous materials, including instructions regarding respiratory protection, other PPE and length of exposure. 

The Environmental Protection Agency also has strict regulations regarding hazardous waste disposal, which you must follow or face tough penalties. If you knowingly store, treat or get rid of hazardous waste improperly, you could face up to five years in jail or a $50,000 fine. 

For illegally transporting hazardous waste, you could face two years in jail or a $50,000 fine. If you repeat the violation, the fine could double. If the hazardous material has hazardous waste as a by-product, it’s essential that you exactly follow the EPA guidelines for disposal. 

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What Counts as Hazardous Materials?

The term hazardous material encompasses a wide range of items, from nuclear waste to gasoline. There are nine classes of hazardous materials, and each requires different placards. To ensure you use the correct labeling, it’s essential that you understand hazmat placards meanings as they relate to your products.

The nine classes of hazardous materials are:

• Class 1: Explosives
• Class 2: Gases
• Class 3: Flammable Liquid and Combustible Liquid
• Class 4: Flammable Solid, Spontaneously Combustible, and Dangerous When Wet 
• Class 5: Oxidizer and Organic Peroxide
• Class 6: Poison (Toxic) and Poison Inhalation Hazard
• Class 7: Radioactive
• Class 8: Corrosive
• Class 9: Miscellaneous

Each class has an associated hazmat label that you must use when shipping or disposing of the product. If you’re not sure which class your products belong to, ask the team at Air Sea Containers or contact the appropriate governmental agency. It’s better to check, ensuring you follow the regulations correctly, than to receive a large fine or jail time and endanger your workers or others on the road. 

You’ll Need Hazmat Shipping Labels, too

Do I Need to Comply with Hazmat Rules?

If you are shipping any products that fall into one of the nine hazardous classes within one state, across state borders or internationally, you must follow these rules. Regardless of whether you ship by air, ship or truck, you must use the correct labels and boxes and follow all the protocols. 

Work with a Trusted Provider

At Air Sea Containers, we understand all the HMTA, OSHA and EPA requirements for shipping various hazardous materials. To avoid significant fines that could bankrupt your shipping business, ask us what you need to safely and legally ship your hazardous materials.