Who must comply with the regulations?

• Hazardous material regulations apply to pre-transportation functions, transportation functions, and hazardous materials packaging.
• Pre-transportation functions include activities performed by the hazardous materials shipper and deal largely with paperwork.
• Transportation functions include activities performed by those directly involved in transport, like drivers.

The hazardous materials regulations apply to those involved in three primary types of activities: pre-transportation functions, transportation functions, and hazardous materials packaging.

Pre-transportation functions include activities that would be performed by a person offering hazardous materials for transportation in commerce, also known as a hazardous materials shipper. These pre-transportation functions would include:

• Determining the hazard class of a hazardous material;
• Selecting a hazardous materials packaging;
• Filling a hazardous materials packaging, including a bulk packaging;
• Securing a closure on a filled or partially filled hazardous materials package or container or on a package or container containing a residue of a hazardous material;
• Marking and/or labeling a package to indicate that it contains a hazardous material;
• Preparing a shipping paper; and
• Providing and maintaining emergency response information.

Transportation functions include activities that would be performed by those directly involved in transporting hazardous materials, including drivers. Transportation functions would include:

• Taking physical possession of the hazardous material for the purpose of transporting it and delivering it to the destination;
• Loading packaged or containerized hazardous material onto a transport vehicle, aircraft, or vessel for the purpose of transporting it;
• Blocking and bracing a hazardous materials package in a freight container or transport vehicle;
• Segregating a hazardous materials package in a freight container or transport vehicle from incompatible cargo; and/or
• Unloading and/or storage incidental to the movement of a hazardous material.
• Finally, hazardous materials packaging requirements apply to those who manufacture, fabricate, mark, maintain, recondition, repair, or test a packaging or a component of a packaging that is represented, marked, certified, or sold as qualified for use in the transport of hazardous materials.