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November 2009 Newsletter

Our friend and colleague Howard Skolnik of Skolnik Industries, Inc., 4900 South Kilbourn Ave., Chicago, IL 60632-4593 USA, in his September Newsletter had the following interesting article:

“Effective September 8th, 2009, the Federal Acquisition Regulation will require that Federal contractors and sub-contractors use the E-Verify system to electronically verify the employment eligibility and immigration status of their employees. E-Verify is an internet-based system operated by the Department of Homeland Security and the US Citizenship and Immigration Services that allows employers to verify the employment eligibility of their employees, regardless of citizenship.

“Requirements for compliance with E-Verify is that: 1) E-Verify must be specified in new or modified Federal contracts, 2) projects must be for more than $100,000 for contractors and more than $3,000 for sub-contractors, and 3) the period of performance must be longer than 120 days. If awarded such a contract, employers can enroll on-line and they will then have 90 days to confirm that all of their new hires and existing employees, who work directly on federal contracts, are legally authorized to work in the United States. If your company is a contractor or sub-contractor of Federal contracts, you will want to investigate your compliance with this new law.”

— Howard Skolnik SKOLNIK is a “specialized” manufacturer of carbon steel drums and stainless steel drums for highly valued contents. From custom wine barrels to drums for hazardous materials (hazmat) and dangerous goods, we are a leader in specialty packaging.

Upcoming Dangerous Goods Training Dates at JFK and on the web (All Feature Lithium Batteries)

  • Dangerous Goods by Ocean – Initial November 17-18-19 (Tues-Wed-Thurs)
  • Dangerous Goods by Air – Recurrent November 24
  • Dangerous Goods by Air – Initial December 8-9-10

  • Domestic Cosmetics Shippers On-Line Program available 24/7
  • In-House Training, including special training for lithium batteries, subject to schedule availability.

All of the above programs place emphasis on Lithium Battery Safety in transportation.

Our complete 2009 training schedule is posted on this website.

Click on TRAINING on our opening page in order to reserve your place now. Remember, if you ship, handle, or transport dangerous goods, U.S. Transportation Law as well as International Laws you must receive initial training and then recurrent training every two or three years thereafter, depending on the mode of transportation.

We are on our soapbox again…safety in transportation.

Do you have a few minutes?

Lithium Batteries – check out the videos on these links

Yes, it’s a commercial but it demonstrates how quickly a lithium battery incident can get out of hand.


Oxygen Cylinders

We received a phone call from an aircraft manufacturer who had to ship A.O.G. (aircraft on ground) replacement oxygen cylinders from New York to Paris. He had hoped that we would have a number of the new fire resistant cases for oxygen cylinders. He had placed an order for 12 cases at more than $900 each but was advised that there would be a six week delay before the supplier would be able to ship. He trucked the cylinders to Montreal. Problem solved….unless they are damaged enroute. Perhaps the airlines would consider renting those cases while the cylinders are being transported airport to airport. It would be a source of revenue and enhance safety.

In HM-224B “DOT has determined that this final rule will not have a significant impact on a substantial number of small entities. Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), DOT certifies that this rule will not have a significant economic impact on a substantial number of small entities.”

It seems to us that $900 per cylinder is going to impact large businesses as well as small business.

The Journal of Hazmat Transportation just sent us a quick rundown on the new final rule that was issued by the U.S. DOT/PHMSA on October 19, 2009. The revised regulation clarifies and strengthens emergency phone contact requirements. The rule is effective October 1, 2010 with voluntary compliance authorized as of November 18, 2009. According to the Journal: The revisions to the HMR adopted in this final rule are being made to:
  • Require an offeror who has made an arrangement with an emergency response information (ERI) provider to be identified on the shipping paper in clear association with the emergency response telephone number
  • Clarify that any person preparing a shipping paper for continued transport of a hazardous material must include the offeror’s name that is the registrant for the ERI provider and that will be in use for the continued transport.
  • Clarify that the person answering the ERI providers telephone number transmits all written information in English
  • Clarify that the international telephone numbers used to meet the emergency response telephone number requirement must include the international access code or a “+” sign as a placeholder
  • Clarify the term “clear association” with respect to the placement of the identity of the registrant or the ERI provider
  • Clarify the current requirement for the emergency response telephone number to be provided in a “clearly visible” location on the shipping paper
  • Clarify that the emergency response telephone requirements do not apply to transport vehicles or freight vehicles containing lading that has been fumigated and displays the FUMIGANT marking, unless other hazardous materials are present in the cargo transport unit.

The Journal of Hazmat Transportation provides reports on new U.S. and International Regulations and background information associated with those rules, and provides interpretations of the regulations that are an absolutely invaluable resource. You can learn more about the publication and its web resources at http://www.hazmatship.com and request to review a print or digital edition of their latest issue, as well as request access to their acclaimed website.

The HazMat Reference Gateway provides access to all alerts and select presentations of importance, and the HazMat DataBase provides access to all archived content and the digital edition of the publication.

The publisher has advised us that new subscribers will receive a 10% discount off new subscriber rates simply by noting R-A in your sample copy/web access request or on your order form. Visit www.hazmatship.com for your sample request.

We should add that PHMSA’s constant use of the word “offeror” may be somewhat confusing to the average non-management transportation employee. In our own little mind we usually use the term “offeror or shipper” because “shipper” is the terminology for us lower echelon types of employees. “Offeror” is a term that the D.O.T. lawyers like to use because it covers everyone in the logistics chain; the shipper offers the freight to a trucker who offers the freight to his warehouse who offers the freight to another trucker who offers the freight to another carrier or the ultimate consignee. That’s a lot of offering and D.O.T. wants to make sure they cover all the possibilities with one word. It would seem to us there might be a better way to describe all of those functions. But, then that would make our job easier, wouldn’t it?

You still have time to register….but make it sooner rather than later.

Dangerous Goods Advisory Council

For over thirty years the DGAC has been a leader in promoting safety in transportation. The council has been an advocate for the chemical industry and transporters of dangerous goods/hazardous materials. Your company should seriously consider becoming a member of this outstanding organization.

Mark your calendar:
31st Annual Conference & Hazardous Materials Transportation Exposition
November 18-20, 2009,
Grand Hyatt San Antonio,
600 East Market Street,
San Antonio, TX 78205

Check out DGAC’s website for details – www.dgac.org

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