What does 49 CFR 171.16 (Detailed hazardous materials incident reports) require?

Short answer

49 CFR 171.16 requires a Hazardous Materials Incident Report on DOT Form F 5800.1 within 30 days of discovery of certain incidents, including unintentional releases, structural damage to cargo tanks, and undeclared hazardous materials. The report must be submitted to the Pipeline and Hazardous Materials Safety Administration and retained for two years.

The rule says

"Each person in physical possession of a hazardous material at the time that any of the following incidents occurs during transportation (including loading, unloading, and temporary storage) must submit a Hazardous Materials Incident Report on DOT Form F 5800.1 (01/2004) within 30 days of discovery of the incident" (49 CFR 171.16(a))

"A Hazardous Materials Incident Report must be updated within one year of the date of occurrence of the incident whenever: (1) A death results from injury caused by a hazardous material; (2) There was a misidentification of the hazardous material or package information on a prior incident report" (49 CFR 171.16(c))

In plain English

This rule means that anyone handling hazardous materials must report incidents like spills, fires, or damage to cargo tanks within 30 days. The report goes to the Pipeline and Hazardous Materials Safety Administration and must be kept on file for two years. It's not just carriers who have to report - anyone in physical possession of the hazardous material at the time of the incident is responsible. The report must include detailed information about the incident, and it may need to be updated if new information comes to light.

What to do

• Submit a Hazardous Materials Incident Report on DOT Form F 5800.1 within 30 days of discovery of the incident
• Retain a copy of the report for two years at the principal place of business
• Update the report within one year if new information becomes available, such as a death resulting from the incident or a misidentification of the hazardous material
• Submit the report to the Pipeline and Hazardous Materials Safety Administration, and also to the Federal Aviation Administration if the incident occurred during transportation by aircraft