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HAZARDOUS CARGO.
  Term Paper ID:28559
Essay Subject:
Examines air freight handling & shipping of hazardous substances, "Hazmats." Discusses policies of major carriers & regulatory oversight agencies.... More...
11 Pages / 2475 Words
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Paper Abstract:
Examines air freight handling & shipping of hazardous substances, "Hazmats." Discusses policies of major carriers & regulatory oversight agencies.

Paper Introduction:
Introduction The United States government has identified more than 65,000 chemicals and materials as hazardous substances. The Research and Special Programs Administration (RSPA), the government agency that decides how the country should transport dangerous goods, requires different handling and transportation procedures for each of these substances (Minahan, 1998). "Hazmats," as these substances are collectively called, include two categories of hazardous materials: "health hazards" and "physical hazards." If a material meets one of the Occupational Health and Safety Administration's (OSHA) definitions it is classified as a hazmat (Rekus, 1998). Health hazards are defined as materials for which there is scientific evidence demonstrating that acute or chronic health

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(1994). In 1998 alone, there were a total of15,322 reported hazmat incidents, with 429 serious incidents, 13fatalities, 198 injuries, and evacuations required for 9,181 people. The DOT's big 3 . (1997). Physicalhazards are things that are hazardous because of their physical properties. Air freighthandlers and supervisors who will be involved in physically processing suchshipments are required to participate in training programs under 49 CFRPart 172, Supart H. (2 ). Onehundred and ten passengers were killed in this crash, leading the FederalAviation Authority (FAA) to temporarily ground ValuJet and to call for aban on transport of "oxidizing materials" such as hydrogen peroxide frompassenger aircraft cargo holds (known as Class D compartments) not equippedwith fire suppression apparatus. More recently, another Florida-based shipping firm and itspresident pled guilty to criminal charges for fraudulent declaration of anattempted shipment of flammable toner fluid aboard an aircraft. TheInternational Civil Aviation Organization (ICAO) and the IAEA are augmentedby the International Air Transport Association (IATA), which regulatestransportation by air under the Dangerous Goods Regulations. Included in the definition arehazardous substances, hazardous waste, marine pollutants, materialsdesignated as hazardous in 49 CFR 172.1 1 and 172.1 2 and materials thatmeet the defining criteria for hazardous classes and divisions in 49 CFR173. Cray (1994) claims that cargo handlers such as UPS are particularlyvulnerable to DOT oversight with respect to training of employees withregard to the handling of hazmat. Occupational Health,6 (2), 39-43.----------------------- 13 Complying with all DOT and IATA hazmat regulations, says Harrigan(1998), requires close attention to detail and procedures. Others are concerned that tightening restrictions and higherprices may entice shippers to hide or mislabel dangerous goods. Hoffman, S. The DOT does face, as do otherfederal regulatory agencies, certain constraints with respect to adequateinspection and oversight. Minahan, T. UPS, along with Federal Express and other air cargo carriers, haveapparently taken the position that it is better to be safe than sorry.HazMat Transport News (1999) recently reported that the air cargo industryis moving faster than ever toward full prohibition of hazardous materialsshipments on passenger flights. The attention of both the government and the general public wascaptured by the recent Trans World Airlines (TWA) and ValuJet disasters.Minahan (1996) notes that the May 11, 1996 ValuJet Flight 592 crash in theFlorida Everglades was caused by an on-board fire sparked by improperlylabeled oxygen generators transported in the plane's cargo hold. Transportation &Distribution, 38(1 ), 128. Only about 25 percent of the 3, certified U.S. Currie, J.V. The ValuJet crash, caused by the mishandling of hazardousmaterials, resulted in criminal convictions and stiff financial penaltiesfor the firm. HazMat Transport News, 2 (12), 1. Also, anairline holding company recently entered a guilty plea for mishandlinghazardous wastes at the Miami International Airport, resulting in a $8million penalty (Currie, 2 ). DOT seeks to improve hazmat transport programs. Proctor (1996) states that hazmat regulations for passengertransports include a 5 -pound limit on substances placed in any singlenonaccessible compartment or freight container and allow up to 15 poundsof compressed gas to be carried. Air hazmat: Moving into the gray areas. The DOT is currently working with the Defense Logistics Agency totest a program that would tag hazardous materials through the use of barcode and intelligent Rapid Identification, Sorting and Tracking (RFID)label technologies. There is no weight restriction ondangerous goods carried by all-cargo aircraft so long as the materials arelocated in a crew-accessible compartment and crew members can see, handle,and separate such packages from other cargo inflight. The regulations apply not only to the actual transportation ofhazardous materials, but also affect all of the details that are used toprepare the material for shipping. Minimizing the risk of shipping hazardousmaterials. Despite the link between thecarriage of hazardous materials and air safety, the DOT has stringentrequirements for packaging, labeling, and personnel training, while the FAAhas significant input with respect to aviation-related materials issues. The DOD targets ADC to ID dangerous cargo.Frontline Solution, 1(6), 28-29. (1996). Rekus, J.F. While the 1996 ValuJet crash may have beeninstrumental in fostering renewed emphasis on regulation and oversight, itis also true that the growing dependence of hazmat manufacturers andshippers on air transport has exerted its own influence over thissituation. Strengthen training regulations by tasking the institutional capacity to RSPA and identifying ways to ensure that hazmat employees are adequately trained . A recent article in HazMat Transport News (2 ) identified some ofthe deficits in DOT's hazmat program. (2 ). Logistics Management and Distribution Report,37(8), 2 -25. Shippers unhappy withnew UPS hazmat contract. The shipper mustproperly block and brace the materials on the aircraft and ensure that thereceiver is licensed to accept the goods. Big Brown also required its customers to use softwarespecified by UPS to prepare shipping documents and labels. The DOT is focusing on the mosteffective ways of implementing hazmat and reducing mislabeling andinappropriate packaging handling policies. (1998). Registration of materials is regulated under RSPA HM -2 8 and documentation is required in the form of DOT Form 58 .2. A lack of coordination, direction,and strategic planning were among these deficits, with no institutionalcapacity existing within DOT that is responsible for establishing system-wide policy and program objectives. McKenna (1999) identified a new program evaluation strategyundertaken by the DOT in its effort to crack down on the illegal shipmentof hazardous materials on aircraft. Thelist of materials identified by regulatory agencies and air transportcarriers as hazardous is extremely extensive, as are the often conflictingregulatory codes which manufacturers, shippers, and carriers must addressin producing and transporting these materials (Air Cargo World, 1998). Air Cargo World, 88(2), 5. Team critiques hazmat oversight. The shipment of hazmats has been regulated by the U.S. The reasons areobvious given that hazmat incidents aboard aircraft are extremelyunforgiving. Marshall, R.S. Pollution Engineering, 3 (13), 54-56. Krizner (2 ) notes that the goal of the project isto develop the capability to automatically recognize hazardous items and toidentify and track their regulated content through the supply pipeline tothe customer. The Research and SpecialPrograms Administration (RSPA), the government agency that decides how thecountry should transport dangerous goods, requires different handling andtransportation procedures for each of these substances (Minahan, 1998)."Hazmats," as these substances are collectively called, include twocategories of hazardous materials: "health hazards" and "physicalhazards." If a material meets one of the Occupational Health and SafetyAdministration's (OSHA) definitions it is classified as a hazmat (Rekus,1998). Harrigan (1998) has pointed out thatthis includes packaging, marking, and labeling as regulated under 49 CFR173, Subpart B or Section 1 of the ICAO/IATA regulations. Proctor, P. (1996). The FAAhas targeted shippers for enforcement cases in an effort to attack unlawfulhazmat hiding and mislabeling practices (HazMat Transport News, 1999). Congress and the American public must decide whetheror not they are sufficiently concerned with hazmat air shipment to allocatethe funds needed to beef up a woefully inadequate inspection system.Unfortunately, both the public and Congress appear to respond to issueslike this only when a disaster occurs, as was the case with the 1996ValuJet crash. Cray, D. (1998). Recommended initiatives include the following: . Shipping dangerous goods. They include combustible and flammable liquids, compressed gases,explosives, oxidizers, and highly reactive materials (Rekus, 1998). There are flaws in the ways airlines treat hazmat. In 1994, for example, UPS agreed to pay$3 million to the federal government for failure to adequately train itsworkers in this area and accepted a six-month independent audit of itsprocedures to protect workers from spills. Recently, UPS announced that itwould not accept hazardous materials unless the shipper had signed acontract in which it agreed to meet all of UPS's requirements regardingtraining, regulatory compliance, packaging, documentation, liability, andmore (Bradley, Thomas, and Gooley, 1998). Northwest Airlines Cargo took the lead inthis move, which will require hazmat shippers seeking air transport to relyon integrated air carriers that operate cargo-only flights. References The air cargo industry. Prior to its 1996accident, ValuJet was not one of them (McKenna, 1999). Othercarriers limit hazmat pallets to only a few layers in depth (Proctor,1996). Krizner, K. Many in theindustry are unhappy with these tight restrictions and are consideringalternatives to air transport for certain kinds of materials (Bradley, etal, 1998). Distribution, 96(3), 72-73. Federal Express, intheir Boeing-727s, carries hazardous materials only in the lead palletposition in order to meet the crew accessibility requirement. With roughly 3 million hazmatshipments each year in the United States, concerns regarding compliancewith regulations are legitimate. Enhancement of program delivery by identifying and focusing on high- risk shippers and critical points in the transportation stream . Hazardous costs get higher. Logistics Managementand Distribution Report, 39(6), 69-72. DOT's efforts to create effective automatic labeling systems are alsopraiseworthy and should be expanded. Available statistics indicate that 6 percent of alldangerous goods or hazmat shipments are transported by passenger-carryingaircraft and while most shipments are transported in a safe manner, thethreat to safety is focused on undeclared or improperly prepared hazmatshipments (Gerber, 1998). This would enable both the supply chain personnel andcustomers to improve their handling efficiency for such items and to ensurefull compliance capabilities with safety, environmental protection, andlogistics regulatory requirements (Krizner, 2 ).Personal Evaluation and Recommendation Based upon this somewhat brief review of relevant literature, itwould appear that the DOT and air freight handlers and carriers are movingtogether to establish more stringent rules and regulations for themanagement of hazmat shipments. Specification markings arerequired on packaging manufactured to either a DOT or United Nationsstandard and there are additional requirements for packaging and labelingof explosives and other hazardous materials (Marshall, 1997). Department ofTransportation's (DOT) Administration of Hazmat Transport Regulation since1967 (Hoffman, 1997). Creating a more extensive database on hazmat manufacturers,carriers, freight forwarders, and shippers to identify offenders for inspection (HazMat Transport News, 2 ). Containers that are used to ship hazmats must be properly marked andidentified before a carrier can accept them. Tighter air safety will cost time and money.Purchasing, 121(4), 76-79. McKenna, J.T. Gerber, S. Several steps need to be taken to improve DOT's handling of airfreight hazmat transport. Bradley, P., Thomas, J., and Gooley. (2 ). The FAA has historically assessed stiff fines for the violation ofthe hazmat regulations applicable to air transport. Hazard communication. Ten commandments for hazmat shipping.Purchasing, 124(1 ), 76-77. The United States now requires hazmatclassifications, descriptions, labels, placards, package marks, shippingpapers, packagings, and "packing group" designations that are essentiallyidentical throughout the industrial world. Make the right marks. Crimes and punishments. These cases strongly support the missionof the DOT with respect to air freight handling and the shipping of hazmatcargo. Even when the material is properly packaged and labeled, the shipperis not relieved of its responsibilities for the load. In the aftermath of the ValuJet disaster industry analysts commentedthat commercial airlines and freight carriers such as UPS and FederalExpress appeared to be doing a good job overall of handling hazardousmaterial shipments (Proctor, 1996). Clearly, what is needed at the present time is the development of acoordinated framework within DOT for integrating the various regulatorystructures and systems that now directly impact upon this particularindustry. Minahan, T. (1999). Under current regulations, only those that plan to carryhazmat in routine operations must provide proof that employees havesuccessfully completed such training. The problem is that shipping hazardousitems without proper declaration makes it impossible for the carrier toproperly and safely transport the materials. Harrigan, K. Limited budgets invariably result in limitedregulation. Introduction The United States government has identified more than 65, chemicals and materials as hazardous substances. DOT's Office of Inspector General (OIG) has begun to crack down onhazmat criminals as part of its strategic goal for the twenty-firstcentury. (1997). (1998). Thepurpose of this brief report is to examine air freight handling andshipping of hazardous cargo, drawing upon the policies of the majorcarriers, United Parcel Service (UPS), Federal Express, and the regulatoryoversight agencies.Discussion According to Gerber (1998), it is estimated that one millionshipments of dangerous goods are made daily, by all modes, in the UnitedStates alone. Health hazards include carcinogens,toxic agents, irritants, corrosives, sensitizers, and any agent whichdamages the lungs, skin, eyes, or mucus membranes (Rekus, 1998). Efforts to achieve such a system have been undertaken, but thusfar it appears that the DOT has not succeeded in achieving completeintegration. Transportation &Distribution, 39(1), 28-3 . GlobalTrade & Transportation, 114(5), 24-27. Aviation Week & Space Technology, 144(22), 31-33. (1999). McKenna (1999) further statesthat air freight carriers such as UPS and Federal Express appear to befully cooperative with the DOT in this effort, largely because these firmshave experienced severe penalties for failure to comply with regulationsand/or train employees for proper handling of hazardous materials. AviationWeek & Space Technology, 15 (7), 54-58. (1998). HazMatTransport News, 21(4), 2-6. Investigative statistics for the past three years indicate thatthe OIG has an investigation and prosecution success rate of almost 75percent, with 83 convictions resulting from 112 criminal indictments(Currie, 2 ). As of March 1998, UPS elected tostop accepting certain oxidizers for air shipment and placed restrictionson explosives, poisons, combustibles, and radioactives, regardless of themode of transport. For example, theFAA does not require all carriers to train their employees to recognizepotential hazmat shipments and challenge those shipments, regardless of howthey are labeled. It is probable that thesecarriers, which are most significantly at-risk for large fines if they arefound to be in violation of DOT and other hazmat regulations, may take thelead role in tightening scrutiny of hazmat shippers. air carriers fit into that category. It is interesting that carriers such as UPS and FederalExpress are promulgating hazmat regulations that are somewhat morestringent and restrictive than those of the DOT. The U.S. Legislation has furthered DOT'sresponsibility with regard to oversight of manufacturers, packagers, andshippers, and with respect to ongoing identification of new classes ofhazardous materials including corrosive solids, cryogenic liquids, and fiveclasses of other regulated materials covering such products as consumercommodities and environmental hazardous substances (Hoffman, 1997). Undeclared cargo complicates transport ofhazmat. (1998). Air shipment of dangerous goods is growing by at least 7percent per year. Currie has (2 ) reported that some hazmat shippers believe thatbecause they only ship small packages or an occasional package of hazardousmaterials, the federal hazmat regulations do not apply to their business.Some freight forwarders argue that the regulations do not apply to thembecause they merely broker transportation and prepare the documentation forthe shipper to present to the carrier. (1998). Harrigan (1998) has commented that while it is the DOT and the RSPAOffice of Hazardous Materials Safety that is most directly involved inregulation of air freight handling and shipping of hazardous cargo, anumber of agencies and organizations also have a role in this activity.The International Atomic Energy Agency (IAEA) develops recommendedprocedures for the safe transport of radioactive materials. DOT alsohas insurance requirements and requires proof of proper levels and types ofinsurance for a company's practices. The shipper isresponsible for checking the properties and characteristics of the materialagainst definitions in the regulations. Health hazards are defined as materials for which there is scientificevidence demonstrating that acute or chronic health effects may occur ifhumans are exposed to the materials. During that same period, the OIG levied a total of $25.3million in fines, recoveries, and restitution. Using strike force inspections to cross-train inspectors and to enforce carrier compliance . It is these participants in thehazmat processing cycle who are most at-risk for hefty criminal penaltiesbecause they are operating without regard for the rules even though theyknow that there are regulations that would logically apply to them. The agency also called for increasedinspection of airlines, freight forwarders, and commercial shippers thattransport hazardous materials and increase the number of full-timeinspectors whose sole function it is to examine shipping practices(Minahan, 1996). IATAregulations always take precedence and some members of this organization,including Federal Express, accept hazardous materials only in accordancewith IATA regulations. DOT's three decades of regulation have generated avirtual revolution in hazmat transportation, including fundamental changesin the substance of hazmat requirements along with changes in the goals ofthe regulation process.

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