American Cylinder and Safety, LLC

The industry leader in compressed gas HAZMAT training

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End of Temporary Enforcement Discretion By PHMSA Regarding Recurrent Hazmat Training

Posted on October 20, 2020 at 12:30 AM Comments comments (0)

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.

 

With the New Fiscal Year Comes New CFR Editions

Posted on October 1, 2020 at 11:55 AM Comments comments (0)

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.

DOT and TC Reciprocity Agreement

Posted on September 29, 2020 at 3:30 PM Comments comments (0)

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.

2020 Emergency Response Guidebook is released

Posted on September 24, 2020 at 12:30 AM Comments comments (0)

The US Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) has released the 2020 edition of its Emergency Response Guidebook (ERG). This edition provides first responders with the revised and updated go to manual that offers guidance on what to do in that first critical 30 minutes of a HAZMAT response. The revised ERG contains an indexed list of dangerous goods, their associated ID numbers, and general hazards that they might pose in a transportation accident. It also provides the recommended safety precautions when responding to a event with HAZMAT. This guidebook is available to all public safety agencies in all States and territories for free, through designated state Emergency Management coordination offices. It is also available as a free mobile app. For additional information visit www.phmsa.dot.gov.

Updated Training Class Dates

Posted on September 17, 2020 at 10:55 AM Comments comments (0)

The training calendar has been updated with new online training classes through February 2021. Please be aware of the signup deadlines when registering.

Training Updates and Announcement

Posted on July 30, 2020 at 2:25 PM Comments comments (0)

We have just added two additional classes to the upcoming schedule.  We will be conducting a online Oxygen Cylinder Cleaning Technician Course and a Valve Repair Techniciain Course on 17 August 2020.  Deadline to sign up is 10 August in order for your training materials to arrive in time.


Announcment:  The sale on the Cylinder Markings Guide has been extended to the end of August.

PSI Cylinder Codes and Markings Reference Guide on Sale

Posted on July 14, 2020 at 9:10 PM Comments comments (0)

Until the end of August, the PSI Cylinder Codes and MArkings Guide is on sale for 20% off.  You can find it here in the web store.

PHMSA Extension of Enforcement of Cylinders Exceeding Re-qualification Period

Posted on July 14, 2020 at 9:05 PM Comments comments (0)

PHMSA has extended the Exemption of Enforcement of Division 2.2 cylinders that are out of Requalification through October 31st, 2020.  Full details can be read in the blog bost below.

DOT Emergency Exemption of Re-qualification for Certain Cylinders

Posted on April 19, 2020 at 10:30 AM Comments comments (0)

NOTICE OF ENFORCEMENT DISCRETION REGARDING CYLINDERS THAT HAVE EXCEEDED THEIR PERIODIC REQUALIFICATION TEST DATE

 

The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) understands that due to the Coronavirus Disease 2019 (COVID-19) public health emergency, many members of the medical and industrial gas industry may be experiencing difficulty in obtaining cylinders due to the increased demand for these gases or a disruption in the normal business model for cylinder exchanges. This has made it difficult for the industry to consistently obtain cylinders which can be filled in accordance with the requalification provision specified in 49 CFR 173.301(a)(6). PHMSA gives notice that it will not take enforcement action against any person who fills a DOT-specification cylinder used to transport Division 2.2 non-flammable gas provided the cylinder meets all requirements of the Hazardous Materials Regulations (HMR) except that the cylinder is overdue for periodic requalification by no more than 12 months. Depending on the cylinder type, periodic requalification is required at either a 5-year or 10-year interval. This enforcement discretion is in response to unprecedented changes in business practices related to the COVID-19 outbreak and is intended to minimize disruptions in the supply chain, especially those related to providing medical gases to the health care industry. This enforcement discretion will be exercised by the Federal Motor Carrier Safety Administration and PHMSA. This relief applies only to transportation by motor vehicle, and does not extend to transport by air, vessel, or railroad. Prior to filling and offering for transportation, all cylinders must be inspected in accordance with the applicable Compressed Gas Association Pamphlet and DOT requirements. Any cylinder that does not pass the prefill inspection criteria must not be filled. This notice is limited to the filling and offering of cylinders containing Division 2.2 gases when such cylinders are no more than 12 months past their periodic requalification test date. These cylinders must be in compliance with all other requirements of the HMR. This Notice of Enforcement Discretion is effective while the Department of Health and Human Services determination that a public health emergency related to COVID-19 exists or 90 days from its date of issuance, whichever is sooner.

Issued April 6, 2020, in Washington D.C.

 

DOT Announcement on HAZMAT Training Requirements

Posted on April 19, 2020 at 9:50 AM Comments comments (0)

NOTICE OF ENFORCEMENT POLICY REGARDING TRAINING REQUIREMENTS


The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) understands that many hazardous materials (hazmat) employers may be experiencing difficulty in either obtaining or providing recurrent training as required by the Hazardous Materials Regulations (HMR, 49 CFR Parts 171-180) due to the Coronavirus Disease 2019 (COVID-19) outbreak.

PHMSA gives notice that it will not take enforcement action against any hazmat employer who is unable to provide recurrent training consistent with HMR training requirements. This enforcement discretion is in response to unprecedented changes in business practices related to the COVID-19 outbreak and is intended to minimize disruptions in the supply-chain. Thisenforcement discretion will be exercised by the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, PHMSA, and the United States Coast Guard.

PHMSA does want to take this opportunity to remind employers that the HMR does not require training to be provided in a traditional classroom setting or through on the job training. Any method of training delivery, including web based, self-paced computer instruction, remotely delivered classroom instruction, on the job training, or some combination of those methods that cover the required elements in 49 CFR 172 Subpart H are acceptable. PHMSA encourages the utilization of any of these training methods to provide hazmat employees with appropriate recurrent training even if testing is not possible. This notice is limited to the recurrent training requirements found in 49 CFR 172. 704( c )(2). Hazmat employers must comply with all other obligations under the HMR and other applicable laws. This notice will remain in effect for 90 days from the date of issuance.

Issued March 25, 2020, in Washington D.C.


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