Who enforces the rules
- PHMSA writes the US Hazardous Materials Regulations and enforces them against shippers and others who offer hazardous materials for transport.
- FAA inspects and enforces for air transport.
- FMCSA enforces for highway transport, and FRA for rail.
- US Coast Guard enforces for transport by water.
Airlines, ocean carriers and freight forwarders also enforce their own acceptance standards and can refuse a shipment that is not compliant.
What enforcement can look like
- Inspections of packages, paperwork, facilities and training records
- Warning letters and compliance orders
- Civil penalties, assessed per violation and, in many cases, per day that a violation continues
- Criminal penalties, including fines and imprisonment, for knowing or willful violations
Penalty amounts are set by statute and adjusted for inflation, and they are higher for violations that result in death, serious injury or major property damage. Check the current figures with PHMSA or the relevant agency.
Practical consequences beyond fines
- Shipments refused or held at the airport, port or terminal
- Freight returned, repackaged or destroyed at the shipper's cost
- Missed delivery dates and storage charges
- Carrier surcharges, or loss of carrier acceptance for repeat issues
- Liability if an incident causes injury or damage
How shippers reduce their risk
- Train everyone who classifies, packs, marks, documents or signs, and keep training records current.
- Classify every product against the current regulations, and re-check when formulations change.
- Use authorized packaging and follow its closure and filling instructions.
- Check that package markings, labels and paperwork match.
- Keep copies of shipping papers and related records for the required retention period.
- Review your process regularly, or have a specialist inspect shipments before they leave.
General information only. This page is an educational overview, not legal advice, and it does not replace the current regulations or required training. Rules differ by mode of transport and are updated regularly. Always check the current edition of the regulations that apply to your shipment, or ask us.