Do You Need a Hazardous Materials Security Plan?
Background
When communicating with the US Department of Transportation Pipeline and Hazardous Materials Safety Administration (DOT PHMSA) an assumption is often made regarding HazMat Security Plans. The agency tends to assume one is required, catching even experienced personnel off guard when requesting renewals or undergoing an audit by the DOT.
Requirements
The requirement for a DOT Safety and Security Plan, as they are officially called, are dictated by a confusing list of circumstances outlined in 49 CFR Part 172 Subpart I. It is up to each organization to determine if the requirement applies, and if so, demonstrate compliance by ensuring a written plan is developed and adhered to. Additional In-depth security training is also required by 49 CFR 172.704(a)(5), in addition to General Awareness, Function Specific, Safety, and Security Awareness training required for all HazMat Employees.
HazMat Security Plan Applicability
Any organization that transports (i.e. in company vehicles) or offers for transportation (i.e. ships Hazardous Materials or Dangerous Goods) must have a Hazardous Material Security Plan acceptable to the DOT when a specific type and quantity of dangerous goods are offered.
This requirement is broken down by hazard classes. Some hazards, like specific types of explosives, trigger the requirement when shipped in any quantity. Another group of hazard classes requires a security plan when shipped in quantities that require placards. A final group of hazard classes requires a DOT security plan when offered in “large bulk shipments,” which enjoy a separate definition than a normal “bulk” shipment, of course!
Even more confusing, the quantity of measurement that triggers a large bulk shipment of hazardous materials may differ from the measurement used to document the shipment on HazMat shipping papers. For example, a large bulk quantity of some types of Division 2.2 gases is determined by a quantity greater than 3,000 liters or 792 gallons. However, shipment of these gases is documented using mass (e.g. pounds or kilograms) and not volume. Special care must be taken to evaluate packages, not just individual shipments.
HazMat Security Plan Contents
Once it has been determined that a Security Plan is required, the plan must be written and include the following components:
- Personnel security
- Unauthorized access
- En route security
- An assessment of transportation security risks
- Including site or location-specific risks
- Measures to address the assessed risks
- Name/job title of senior official
- Specific security duties for each position/department
- A process of notifying employees
- A plan for training hazmat employees
In addition, the security plan must be in writing, reviewed at least annually, updated as necessary, available to applicable employees, controlled to make unavailable to those without a need to know, and available to officials from the DOT or the Department of Homeland Security.
Solutions
If you are unsure if you require a Hazardous Materials Safety and Security Plan, require a DOT security plan, or need to update your security plan, Tym’s LLC can quickly execute a compliant solution.
If a DOT HazMat safety and security plan is not required, we recommend documenting this fact with relevant information in a written document. An internal memo or letter from a third-party, such as Tym’s, documenting the types of Hazardous Materials and maximum quantities of Dangerous Goods offered is an effective way to demonstrate compliance and clarify the reason no security plan is required. This is especially important as roles change, considering the high turnover rates common in so many industries today.
Contact Us
For a no-obligation consultation regarding your security and safety plan requirements, reach out anytime: