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of training under OSHA’s hazard communication training materials transported via highway and rail occurring between 2003
requirement. The violation stated that the Harcros driver and 2007 and found that, of the incidents that reported a failure
had not been trained on the appropriate actions to take to cause, 33% can be attributed to incorrect operation when performing
prevent cross contamination of chemicals while unloading a loading or unloading function. Examples of these incident
(work practices), as well as emergency procedures to follow causes include “failure to attend or monitor the operation, leaving
in the event of a chemical release. Harcros entered an valves in the wrong position, or improperly connecting hoses and
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Informal Settlement Agreement with OSHA May 8, 2017. other equipment.” PHMSA also found that “90% of the serious
incidents occurred during highway loading or unloading operations
8.2 PHMSA and approximately 75% of those incidents involved CTMVs.”
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PHMSA was created in 2004 as a DOT agency tasked with
protecting people and the environment by advancing the safe Because of the frequency of bulk unloading incidents and safety
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transportation of hazardous materials. PHMSA establishes recommendations made by the CSB and NTSB, in 2011 PHMSA
national policy, sets and enforces standards, educates, and issued a Notice of Proposed Rulemaking (NPRM) to amend
conducts research to prevent incidents. The Office of Hazardous the HMRs. The amendments would have required each
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Materials Safety within PHMSA enforces the HMRs, which person who engages in CTMV loading or unloading to perform
generally apply to hazardous materials being transported a risk assessment and develop and implement safe operating
via interstate, intrastate, and foreign carriers by rail car, procedures based on the results of the risk assessment. PHMSA
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aircraft, motor vehicle, and vessel. Harcros is subject to the also proposed additional personnel training and qualification
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HMRs because it delivers hazardous materials to MGPI and requirements for persons who perform those operations. In
other facilities via motor vehicle. PHMSA also regulates the addition, the rule would have required facilities like MGPI to
transportation of hazardous materials in commerce, including implement maintenance and inspection programs consistent
loading, unloading, and storage incidental to transportation. with existing standards for hoses carried aboard CTMVs. After
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receiving comments and conducting a supplementary policy
PHMSA provided the CSB documentation of recent PHMSA analysis, PHMSA reconsidered its approach to addressing the

investigations of similar incidents, published guidance documents safety risks of bulk loading and unloading operations through
related to offloading incidents, and other information that has rulemaking. Instead, PHMSA decided to conduct outreach
allowed the CSB to conduct a thorough examination of offloading and issue a guidance document that, together with current
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incidents. A similar incident involving offloading and the inadvertent regulations, provide direction on bulk loading and unloading.
mixture of incompatible materials is discussed in Section 6.0.
187 Hazardous Materials: Cargo Tank Motor Vehicle Loading and Unloading Operations,
76 Fed. Reg. 13313, 13315 (Mar. 11, 2011). Analysis reflects failure causes reported
8.2.1 PHMSA GUIDANCE on incident reports. Not all incident reports reported a failure cause and PHMSA did
not assume the cause of the failure if a failure cause was not indicated on the report;
As discussed in Section 6.0, similar incidents involving the approximately 39% did not include a failure cause.
inadvertent mixture of incompatible materials during unloading 188 Hazardous Materials: Cargo Tank Motor Vehicle Loading and Unloading Operations,
Section III, A, 76 Fed. Reg. 13313, 13315 (Mar. 11, 2011).
have occurred somewhat frequently. PHMSA reviewed serious
189 Hazardous Materials: Cargo Tank Motor Vehicle Loading and Unloading Operations,
incident data involving bulk loading and unloading of hazardous Section II, 76 Fed. Reg. 13313, 13315 (Mar. 11, 2011).
190 Hazardous Materials: Cargo Tank Motor Vehicle Loading and Unloading Operations,
76 Fed. Reg. 13313, 13313 (Mar. 11, 2011).
182 PHMSA. Mission, Vision and Goals. https://www.phmsa.dot.gov/about/mission 191 Hazardous Materials: Cargo Tank Motor Vehicle Loading and Unloading Operations,
(accessed September 13, 2017). 76 Fed. Reg. 13313, 13313 (Mar. 11, 2011).
183 PHMSA. Mission, Vision and Goals. https://www.phmsa.dot.gov/about/mission 192 Hazardous Materials: Cargo Tank Motor Vehicle Loading and Unloading Operations,
(accessed September 13, 2017). 76 Fed. Reg. 13313, 13313 (Mar. 11, 2011).
184 49 C.F.R. Parts 171-180 (2017); for a more in-depth discussion of HMR, specifically 193 Guidance is not legally binding and may not mandate or require a particular action;
the attendance requirement, see Section 5.1.3. its intent is to provide helpful information, clarify a rule or statute’s meaning, or
communicate PHMSA’s policy for implementing requirements. Hazardous Materials:
185 49 C.F.R. § 171.1(c) (2017).
Cargo Tank Motor Vehicle Loading and Unloading Operations, 76 Fed. Reg. 13313,
186 49 C.F.R. § 171.1(c) (2017). 13315 (Mar. 11, 2011).
38 CSB MGPI Processing Case Study