FMCSA Changes CSA HM BASIC Guidance Per IME Request
FMCSA has published pamphlets offering guidance to help carriers achieve the safety outcomes being measured under the CSA program. IME took issue with two statements in the agency’s “Safety Management Cycle for the Hazardous Materials (HM) Compliance BASIC” pamphlet. As originally disseminated, the guidance advised HM carriers to only hire drivers with three years of HM driving experience, and that ATF penalties would apply if trucks were parked in a restricted locations.
ATF has no authority, by statute, regulate the security of explosives when in transportation, so the reference to it should be removed. Also, the parking and attendance requirements apply only to Divisions 1.1, 1.2 and 1.3 Explosives. FMCSA has removed both statements from the pamphlet. The agency recognizes the “catch-22” with the driver hiring guidance and the potential to create tort liability, if a driver without three years of experience was hired and involved in an accident. By statute, ATF has no jurisdiction where DOT has issued regulations. DOT rules occupy the field of “parking” restrictions for explosive materials. The revised guidance has been posted online: https://csa.fmcsa.dot.gov/Documents/FMC_CSA_13_006_HM_Compliance_SMC.pdf