If you’re transporting hazardous materials in a motor vehicle as part of your job, the Department of Transportation (DOT) Materials of Trade Exceptions [49 CFR 173.6] may apply. A hazardous material (hazmat) is defined as a substance that can pose an unreasonable risk to health, safety, and property when transported in commerce.
Materials of Trade (MOTs) are a specific category of hazmat which, when transported in small quantities as part of a business, are subject to fewer DOT Hazardous Materials Regulation (HMR) requirements [49 CFR Parts Subchapter C] due to the limited hazard they pose. Common MOTs in the life science industry include samples on dry ice and biological materials in small quantities of chemicals used as preservatives (e.g., animal or human non-infectious tissue in formalin or ethanol) that are transported in a vehicle to another facility such as a collaborator or off-site vivarium.
Note that hazardous waste, radioactive materials, and select agents are not considered to be MOTs, even in small quantities.
The DOT hazardous materials transportation requirements that are NOT applicable to MOTs are listed below:
- Shipping papers
- Emergency response information
- Placarding
- Formal training and retention of training records
However, the provisions of the DOT regulations summarized below DO apply to MOTs. A complete description of the requirements can be found in the MOTs Exceptions [49 CFR 173.6] and the Understanding Materials of Trade (MOTs) Brochure.
- Material (hazard class/division) limitations: Certain DOT hazard classes and/or divisions are not eligible to be transported under the MOTs exemption including Class 1 Explosives, Division 2.3 Toxic Gases, and Division 6.2 Infectious Substances.
- Packaging: The manufacturer’s original packaging, or one that is of equal or greater strength and integrity, must be used. In addition, the package must be leak-tight for liquids and gases, and sift proof for solids. It must also be properly closed, secured against movement, and protected from damage. Outer packaging is not specifically required for containers that are secured against shifting such as those in cages, carts, or boxes. However, best practice for all materials is to use secondary containment that includes absorbent spill material.
- Quantity limitations: These vary based on packing group (PG) and hazard class/division. For instance, most flammable and corrosive substances that are highly hazardous and meet the definition of Packing Group I have a quantity limit per package of 0.5 kg (1 pound) for solids or 0.5 L (1 pint) for liquids. Medium or lower hazard materials that are Packing Group II or III (e.g., formalin, ethanol), or a consumer commodity, have a quantity limit per package of 30 kg (66 pounds) or 30 L (8 gallons) for solids and liquids, respectively. The aggregate gross weight of all MOTs in a motor vehicle may not exceed 200 kg (400 pounds).
- Marking/Labeling: The packaging must be marked with either a common name (e.g., bleach), or a proper shipping name from the HMR (e.g., ethyl alcohol). Cylinders and pressure vessels must be marked with the proper shipping name and identification number and have a hazard class warning label. If a package contains a reportable quantity [Appendix A to 49 CFR 172.101], it must be marked “RQ” along with the identification of the material. Although not specifically required, best practice is to also label the outer packaging with an emergency phone number.
- General knowledge of the MOTs exceptions: Employees transporting materials that qualify for the MOTs exceptions are required to be informed of the related regulatory requirements. In particular, they should know they are transporting hazardous materials that are considered MOTs, what the hazards are, and if the quantity inside the package meets or exceeds the RQ. Topics to cover include what can and cannot be transported, either by law or company policy, and how to do so when allowed.
If an employee chooses to use their personal vehicle for transport, they are encouraged to discuss coverage with their own insurance carrier. It may be recommended to use a dangerous goods courier service or a standard carrier (e.g., FedEx) if possible to avoid potential issues, including liability, with transport in personal vehicles.
If you or others at your company are transporting MOTs, a written policy should be developed that outlines what can be transported and the related requirements, specific procedures for packaging, as well as marking/labeling requirements. In addition, those involved with MOTs transportation should read and sign off, acknowledging that they understood it.
We can help you understand the requirements, develop a customized MOTs policy, and provide the required training—contact us!
This blog was written by Beth Graham, Safety Partners’ Director of Quality, Research, and Training.
