Hazmat Discrepancy

Without seeing any of the shipping documentation, the shipper may have actually classified the material as zinc dust (stabilized), which would be Environmentally Hazardous Substance, solid, n.o.s. (Zinc Powder)
UN3077 PG III on a MSDS and BOL. Because of the many variations of zinc based on particle size, this is likely how the shipper classified the material. Either way, it is still a Class 9 material.

 

According to the MSDS sheet the shipping company provided you, it is not a hazmat load. And it is the shippers responsibility to identify the reportable quantities. You would have been legal to pull that load.

SECTION 14. TRANSPORT INFORMATION

If packaged in units of 1000 lbs
or more, this product would be subject to the reportable quantity
declaration under 49 CFR, part 172.101, A
ppendix A and it should be classified as:
“Environmentally Hazardous Substance Solid, N.O.S., Cla
ss 9, UN 3077, Packing Group III, RQ (Zinc)”

http://www.uszinc.com/en-US/zincdust/Documents/Pdf/MSDS Zinc Dust USZ, 2September2011.pdf


SHIPPER'S RESPONSIBILITY - (49 CFR 172.200(a)) The person offering a hazardous material for transport has the responsibility to Properly prepare the shipping paper. (See also 49 CFR 173.22.)

 

Zinc powder is usually a dark silver/grey in color, in its pure form. The zinc may have been blended with another non-regulated material to create a bluish color.

 

only a class 9 if the packaging is larger than 1000 lbs. Otherwise, it is NOT regulated, in the USA.

 

In terms of how its transport is regulated, you are correct.

 

You all may have already answered it and i just didn't understand, But my understanding or just common sense to me is ........ if the driver is not handed a Hazmat BOL (or insert correct terminology here) and just a standard BOL for standard freight the driver is not on the hook or responsible.
Dont get me wrong he may still be hauling Dangerous material but this is the one scenario were it is on the shipper to have the proper documentation and the driver will not be held liable with a standard freight BOL from the shipper in his hand if he rolls with it.
After all i wouldn't expect a driver to be a chemist.

 

Few points. If shipper certifies that's not hazmat, that what you go by. Also to haul hazmat you need endorsement regardless whether it needs to be placarded or not. And class 9 non bulk is regulated. It just doesn't need to be placarded.

 

§383.5 Hazardous materials means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.

So, you need a CDL with Hazardous Materials endorsement to transport hazardous materials, but only that material which is in the Table of Hazardous Material and which requires placarding. If it does not require placarding, you do not need a Hazardous Materials endorsement on your CDL. The OP was completely legal transporting the load without a Hazardous Materials endorsement because the material being hauled did not require placards. If anyone still doubts this, then go thoroughly read the statutes, not just browse through them or go by what someone else told you. No placards, then no endorsement needed!