What Federal Regulation Requires
Me To Submit the Report?
The Hazardous Materials Regulations
(HMR; 49 CFR Parts 171-180) require
certain types of incidents be reported to
the Pipeline and Hazardous Materials
Safety Administration (PHMSA). Section
171.15 of the HMR requires an immediate
telephonic report (within 12 hours) of
certain types of hazardous materials
incidents. Section 171.16 requires a
written report for certain types of
hazardous materials incidents within 30
days of the incident, and a follow-up
written report within one year of the
incident, based on certain circumstances.
Each type of report is explained below.
(The full text of these sections is at the end
of the instructions.)
What is the Purpose of the Report?
The information you are providing in this
report is fundamental to hazardous
material transportation risk analysis and
risk management by government and
industry. It allows us to better understand
the causes and consequences of
hazardous material transportation
incidents. The data is used to identify trends
and provide basic program performance
measures. It helps to demonstrate the
effectiveness of existing regulations and
to identify areas where changes should be
considered. It also assists all parties,
including industry segments and individual
companies, to understand the types and
frequencies of incidents, what can go
wrong, and possible measures that would
prevent their recurrence. Your accurate and
complete description of incidents can make
a significant contribution to continual safety
improvement through better regulations,
cooperative partnerships, and individual
efforts.
Who Must Complete the Report?
Any person in possession of a hazardous
material during transportation, including
loading, unloading and storage incidental
to transportation, must report to the
Department of Transportation (DOT) if
certain conditions are met. This means that
when the conditions apply for completing
the report, the entity having physical
control of the shipment is responsible for
filling out and filing DOT Form F 5800.1.
Generally, the entity having physical
control of the shipment during
transportation will be the carrier. For
incidents that occur when a hazardous
material is stored temporarily during
transportation, the entity in physical
possession of the shipment may be a
warehouse or similar storage facility.
Loading operations. Incidents that occur
while a shipper is loading a hazardous
material onto a transport vehicle or into a
bulk packaging, such as a cargo tank,
portable tank, or rail tank car, before the
carrier arrives at the facility to pick up the
shipment are not required to be reported
because these incidents occur prior to the
onset of transportation in commerce.
Incidents that occur while the carrier that
will be transporting the hazardous
material is observing or participating in
loading operations must be reported
because the carrier is deemed to be in
possession of the hazardous material at
that point; thus, these incidents occur
during transportation. For these incidents,
the carrier must complete the report.
Unloading operations. Incidents that occur
or are discovered while a consignee is
unloading a hazardous material from a
transport vehicle or bulk packaging after
the carrier has delivered the material are
not required to be reported because these
incidents occur after transportation has
ended. Incidents that occur while the
carrier that delivered the hazardous
material is observing or participating in
unloading operations must be reported
because the carrier is deemed to be in
possession of the hazardous material at
that point; thus, these incidents occur
during transportation. For these incidents,
the carrier must complete the report.
What Definitions Should I Know in
Order to Complete the Report?
In order to accurately complete the report,
you should be familiar with the following
terms. A complete list of definitions is
contained in § 171.8.
Bulk packaging—a packaging, other than
a vessel or a barge, including a transport
vehicle or freight container, in which haz-
ardous materials are loaded with no in-
termediate form of containment and that
has:
(1) A maximum capacity greater
than 450 liters (119 gallons) as a
receptacle for a liquid;
(2) A maximum net mass greater than
400 kilograms (822 pounds) and
a maximum capacity greater than
450 liters (119 gallons) as a
receptacle for a solid; or
(3) A water capacity greater than
454 kilograms (1,000 pounds) as
a receptacle for a gas as defined
in § 173.115.
Cargo tank—a bulk packaging that is:
(1) A tank intended primarily for the
carriage of liquids or gases and
includes appurtenances, reinforce-
ments, fittings, and closures;
(2) Permanently attached to or forms
a part of a motor vehicle, or is
not permanently attached to a
motor vehicle but which, by
reason of its size, construction, or
attachment to a motor vehicle, is
loaded or unloaded without
being removed from the motor
vehicle; and
(3) Not fabricated under a specifica-
tion for cylinders, intermediate
bulk containers, multi-unit tank car
tanks, portable tanks, or tank
cars.
Hazardous material—a substance or ma-
terial that has been determined to be ca-
pable of posing an unreasonable risk to
health, safety, and property when trans-
ported in commerce, and that has been
so designated. The term includes hazard-
ous substances, hazardous wastes, marine
pollutants, elevated temperature materials,
materials designated as hazardous under
the provisions of § 172.101, the Hazard-
ous Materials Table (HMT), and materials
that meet the defining criteria for hazard
classes and divisions in Part 173.
Hazardous substance—a material, includ-
ing its mixtures and solutions, that—
(1) Is listed in Appendix A to
§ 172.101;
(2) Is in a quantity, in one package,
which equals or exceeds the re-
portable quantity (RQ) listed in Ap-
pendix A to § 172.101; and
Overview
Hazardous Materials Incident Report
Department of Transportation Form F 5800.1
OVERVIEW • 1
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