Publication Details

Security Plan, Employee Security Training Required for Hazmat Transporters and Shippers

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Article Originally Published: May 2003

The information contained in this article is not intended to be legal advice. Readers should not act or rely on this information without consulting an attorney.

The events of September 11, 2001 graphically illustrated the fact that the United States transportation system is vulnerable to subversion by terrorists.

In response, the Department of Transportation, Research and Special Programs Administration (RSPA) has issued a Final Rule requiring enhanced security plans and employee training requirements for hazardous materials shippers and carriers.

WHO IS COVERED? Essentially all carriers and shippers currently required to register as hazmat transporters with RSPA, including any carrier required to use hazmat placards.

"Hazmat employees" covered by the new training provisions are everyone who directly affects hazmat transportation safety, including drivers, dockworkers and independent contractors.

Canadian truckers hauling hazardous materials to the U.S. and Canadian shippers sending hazardous materials to the U.S. also are required to comply with these rules according to RSPA representatives.

WHAT IS REQUIRED AND WHEN?

• Immediately – Security Awareness Training. All hazmat employees must receive so-called "security awareness training" on hazmat transport risks. This training teaches employees how to recognize and respond to security threats. Security awareness training must immediately be made a part of regularly scheduled employee refresher courses. Newly hired hazmat employees must receive such awareness training within 90 days of their date of hire.
• By Sept. 25, 2003 – Security Plan. By Sept. 25, 2003, every carrier and shipper must conduct an assessment of the specific risks created by its hazardous materials operations, considering the types and quantities of hazardous materials transported, and the routes and modes of transportation. The plan must address (a) personnel security; (b) confirming information on job applications; (c) access restrictions to hazardous materials for unauthorized personnel; and (d) security measures while shipments are in transit, including storage during transport.

The plan must be in writing and updated regularly to reflect changes in circumstances. It must be made available, on a need-to-know basis, for employees with hazmat responsibilities.

RSPA materials indicate that security planning by hazmat shippers must consider the security plans of the shippers’ hazmat carriers. For carriers, this may mean a round of inquiries from shippers prior to Sept. 25 to confirm that carriers have security plans in place.

• By Dec. 22, 2003 – In-Depth Security Training. By Dec. 22, 2003, every carrier and shipper is required to give each of its hazmat employees "in-depth security training" concerning its hazmat security plan, specific security procedures, employee responsibilities and actions in the event of a security threat.

DETAILS AND PLANNING.

DOT-RSPA provides some guidance on the details of implementing the Security Plan and training requirements in its Federal Register notice. Training materials are also available from DOT-RSPA on a CD, or for downloading at the DOT website.

Prompt, good-faith compliance with the new security requirements is not only mandatory to comply with DOT-RSPA requirements, it may also serve as a partial defense to civil liability if, despite reasonable precautions, a carrier’s equipment or a shipper’s product is used in a terrorist attack.

Dean & Fulkerson is working with a number of its clients to answer questions on the new security requirements. We invite you to contact us if you have questions as to your company’s responsibilities under the new security rules.