Compliance Insights - Straight from the FAA

COMPLIANCE INSIGHTS- STRAIGHT FROM THE FAA

Presented ByPresented By

Peter ZaidelKPA Product Managerpzaidel@kpaonline.com

303-228-2397

QuestionsQuestions

• If you have questions during the presentation, please submit them using the “Questions” feature

• Questions will be answered at the end of the webinar

KPA – Company ProfileKPA – Company Profile

• Nationwide compliance expert on Safety, Environmental, HR

• Colorado Headquarters

• 23 Years Experience • 3000 + Clients

– Dealerships, Service, Repair

• 20 Offices Serving 41 States

• Compliance products and services

– OSHA– DOT– EPA– Workers’ Comp– Background checking– Onboarding– Harassment – Red Flags– Onsite inspections– Online and onsite

training and tracking– And many more…

US Air TrafficUS Air Traffic

• 64 Million flights per year• More than 87,000 flights per day

– 28,537 Commercial Flights– 27,178 General Aviation– 24,548 Charter Flights– 5260 Military Flights– 2140 Cargo Flights

• 5000 airborne planes at all times

Webinar OverviewWebinar Overview

• Who Regulates Hazmat• Why do they show up?

– Mission and Focus– ValueJet– Hazard Classes– Undeclared Hazmat– Regulatory Procedures

• The Inspection Process• Key Inspection Points

This webinar does not provide certification

DOT MissionDOT Mission

“...ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future...”

DOT’s mission is

DOT MissionDOT Mission

“...ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future...”

DOT’s mission is

The Arms of the DOTThe Arms of the DOT

Federal Aviation Administration

Pipeline & Hazardous Material Safety Administration

Federal Maritime Administration

Federal Highway Administration

Federal Transport Administration

Federal Railroad Administration

FAA vs TSAFAA vs TSATSA

–Airport / Airline Security–Federal Air Marshals–Cargo Security

FAA–Hazardous Material Safety

Why do they show up?

FAA Mission and FocusFAA Mission and Focus

Mission Ensure and Promote Aviation Safety

FocusDomestic and International Passenger and

Cargo Air Carrier Operations(The Shippers!)

Value JetValue Jet

• ValuJet tried to avoid dealing with HazMat regs by issuing a policy that they wouldn't transport HazMat.

– Thus ValuJet personnel weren't trained to watch for HazMat.

• A vendor presented the O2 generators as non-haz.

– If ValuJet staff had been properly trained, they would have connected "oxygen generator" with the definition of "Oxidizer" Hazard Class, and refused the shipment.

• If they had known to refuse the shipment it would have saved 110 people's lives.

Hazard ClassesHazard Classes

Time for a Poll

Hazmat PenaltiesHazmat Penalties

Daimler Chrysler$50,000

– 638 gram aerosol container of ZEP 40 Non-Streaking Cleaner

– 1 oz aerosol container of ZEP Stainless Steel Cleaner

– 1 qt plastic container of Zep Universal GP Cleaner to UPS

– Aerosols are classified as Flammable Gas and GP Cleaner is a Corrosive

– Ground Handling employees at UPS sort Facility discovered the shipment leaking

Hazmat PenaltiesHazmat Penalties

Deere & Co.$72,000

– Carton containing a portable welder with a wet, non-spillable electric storage battery.

– Wet, non-spillable batteries are considered a hazardous material

Hazmat PenaltiesHazmat Penalties

Cummins Engine Co.$289,000

– 5 separate boxes containing diesel fuel pumps and other mechanical parts and machinery containing or coated with diesel fuel

– UPS ground handling employees discovered the shipments leaking.

Hazmat PenaltiesHazmat Penalties

Daimler Chrysler (again)$72,000

– Box containing 12, 22 oz plastic containers of liquid Mopar Tire & Wheel Cleaner

– Corrosive liquid– UPS ground handling employees discovered

the shipments leaking

Regulatory ProceduresRegulatory Procedures

1. Go to Airports2. Pull HazMat Shipping Papers3. Visit facility and audit signer of air bill4. Call 24 hour emergency # while on site5. Audit facility programs and procedures

Inspectors have a weekly quota for audits

The Inspection Process

Inspection StartInspection Start

• Authority is ensured per 49 USC section 40113

• Assessments are usually unannounced• Denied access is a violation and

punishable by Civil penalty and Criminal prosecution.

During the VisitDuring the Visit

• Greet and identify the inspector• Conduct an opening conference• Accompany the inspector during the visit• Hold a closing conference

Greet and Identify the InspectorGreet and Identify the Inspector

• Employee Training– Direct inspector to a manager

• Verify Identity– Name of Individual– Agency Represented

• Obtain a business Card• Contact KPA or your EHS Consultant

Conduct an Opening ConferenceConduct an Opening Conference

• Remain Friendly and Professional• Determine Purpose and Scope• Notify Inspector of Company Safety

Policies and Restricted Areas• If evidence of serious Hazards or Criminal

Activity – Contact Owner/General Manager

During the InspectionDuring the Inspection

• Hazardous Materials Classification (172.101)– Interviews– Review MSDS

• Hazardous Materials Paperwork (172.200)– Two Year Retention– Review Information

• Package Marking and Labeling (172.300 – 172.400)– Inspection of Shipments– Process– Employee Interviews

• Haz Mat Emergency Response Info (172.600)– Review of responsible parties

During the InspectionDuring the Inspection

• Training of Employees (172.700) Including Waste– Inspection of training records– Inspection of training materials– Employee Interviews

• Hazardous Materials Safety and Security (172.800)– Security Awareness

• Hazardous Materials Emergency Response (172.600)

• Packaging (178)– Observation of packing procedures & specs– Employee Interviews

Hold a Closing ConferenceHold a Closing Conference

• Ask inspector to identify what was found• Formal report• Split samples and photographs• Timeline of next steps

Report and Follow UpReport and Follow Up

• Write your own summary– Include recommendation for remediation

• Maintain Communication• Respond to the formal report

Enforcement ProcessEnforcement Process

Hazmat Incident Investigations and Enforcement– Initial incident or finding– Letter to Violator– Response from Violator– Case to Legal Department– Notice of Proposed Penalty

This process may take up to 3 years!

Important TakeawaysImportant Takeaways

Be Prepared• Communication• Accurate paperwork

Take Complaints Seriously• Respond quickly• Prove your due diligence

Follow Inspection Protocols• Identify Inspector• Opening Conference• Guided Inspection• Closing Conference

Key Inspection Points

Dangerous Goods DeclarationDangerous Goods Declaration

Read what you’re certifying:

This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled and are in proper condition for transportation according to the applicable regulations of the Department of Transportation.

Training RequirementsTraining Requirements

• General Awareness / Familiarization• Function Specific• Safety • Security Awareness• Recurrent 3 years• Modal Training

– Air– Vessel– Highway

Title 49 CFR vs ICAOTitle 49 CFR vs ICAO

VS

FedEx UpdateFedEx Update

Beginning 1/1/2011• Must use typed or computer generated shipping

papers for HazMat

Beginning 8/1/2011• HazMat paperwork must be submitted electronically.

Shipping by air or international?Beginning 1/10/2011• HazMat paperwork must be prepared using software

with compliance checks.

Why ship HazMat by air?

Is it worth it?

If you must ship by AirIf you must ship by Air

Review columns 7-9 of the HMT

800-554-9964

800-463-3339

International Shippers Must Comply with International Regulations

Questions?Questions?

Contact InformationContact Information

The recorded webinar will be emailed to you today

www.kpaonline.com

Becky Ross

bross@kpaonline.com

866-356-1735