The Research & Special Programs Administration (RSPA), an agency of the U.S. Department of Transportation (DOT), revised the hazardous materials regulations to require mandatory measures intended to enhance the security of hazardous materials in transportation. (The term hazardous materials used in the U.S. is identical to the term dangerous goods used internationally.)
The new requirements are as follows:
1. Shippers and carriers of hazardous materials that meet the criteria specified at 49 CFR 172.800 must prepare and implement security plans as described at 172.802. RSPA borrowed the criteria for DOT registration and added another category for select agents regulated by the Centers for Disease Control and Prevention to create the criteria for requiring security plans.
The security plan must be in writing. It must include an assessment of possible transportation security risks for shipments of the hazardous materials subject to the security plan requirement, and appropriate measures to address these risks. At a minimum, a security plan must include the following elements: (1) personnel security, (2) unauthorized access, and (3) en route security. This plan must be completed and implemented by September 25, 2003.
2. Hazmat employee training must now include Security Awareness training, and In-Depth Security training if applicable. These two training components are in addition to the General Awareness, Function Specific and Safety training already required.
The Security Awareness training is required for Hazmat Employees. It must be completed by the first scheduled recurrent training but not later than March 24, 2006. For new hazmat employees, it must be completed within 90 days after employment. This training must provide an awareness of security risks associated with hazardous materials transportation, methods designed to enhance transportation security, and how to recognize and respond to possible security threats.
The In-Depth Security training is required for Hazmat Employees of shippers and carriers required to develop security plans. This training must be completed by December 22, 2003. It must cover the security plan specifics, its implementation, company security objectives, specific security procedures, employee responsibilities, actions to take in the event of a security breach, and the organizational security structure.
According to the regulation, security training and security plans that are required by any other agency are acceptable as long as they meet DOT's requirements. Although RSPA prepared a security template, the rule does not require the use of a specific risk assessment tool for developing security plans. RSPA stated that it will develop a Hazardous Materials Transportation Security Training module which it make available for free distribution and use.
In response to many opposing comments, RSPA decided not to adopt the following proposed requirements:
RSPA stated that when conducting inspections, DOT inspectors will be looking for security plans and training records related to security and will follow up with penalties for any violations.
The rule is effective March 25, 200. It directly affects shippers and carriers of hazardous materials operating within the U.S. and indirectly their customers. It may also affect freight forwarders and freight agents who handle hazardous materials shipments into the U.S.
For more information and resources see the March 25, 2003 Federal Register and the references, below.