Increased Dangerous Goods (HazMat) Penalty Amounts
The United States Department of Transportation recently announced an increase in the hazardous materials violation penalty amounts as of July 31, 2019. This happens regularly but its notable that this increase puts the penalty per violation per day over $80,000. I remember a time when it was closer to $15,000 per violation per day but that was a long time ago.
| Description | Citation | Existing Penalty | New penalty (existing penalty × 1.02522) |
|---|---|---|---|
| Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction | 49 U.S.C. 5123(a)(2) | 186,610 | 191,316 |
| Minimum penalty for violation of hazardous materials transportation law relating to training. | 49 U.S.C. 5123(a)(3) | 481 | 493 |
| Maximum penalty for violation of hazardous materials transportation law relating to training. | 49 U.S.C. 5123(a)(3) | 79,976 | 81,993 |
| Violation by a person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B). | 49 U.S.C. 46301(a)(1) | 33,333 | 34,174 |
| Violation by an individual or small business concern related to the transportation of hazardous materials. | 49 U.S.C. 46301(a)(5)(B)(i) | 13,333 | 13,669 |
The training violations are approaching $500 per employee; and theoretically, this could be assessed for each day the employee isn’t properly trained by the employer for their job function. Ref 49 CFR 107.329.