Docket Number: PHMSA-2020-0079

The Chief Counsel's findings were affirmed. Appellant was assessed a civil penalty of $14,460. Appellant may pay the civil penalty in one lump sum OR over the course of 12 months with 12 monthly payments of $1,205.00, as directed in the Payment Instructions. In the Chief Counsel's order, Respondent was assessed a civil penalty of $14,460 for four violations of the HMR when it represented, marked, certified and sold UN standard 5H2 poly-woven bags as meeting the requirements of the HMR, when design qualification periodic retesting was not performed; allowed employees to perform a function subject to the requirements of federal hazardous materials regulations when the employees had not received initial hazardous materials general awareness, function-specific, safety, and security awareness training as required by 172.704(c)(1); represented, marked, certified and sold UN standard 5H2 poly-woven bags as meeting the requirements of the HMR, without maintaining complete and accurate UN test reports; and represented, marked, certified and sold UN standard 5H2 poly-woven bags as meeting the requirements of the HMR, without ensuring that all markings and labels were durable and legible.