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Dealing with the Media During a Spill Emergency
 
Failing to Report Spills is Risky

A recent article published in USA Today pointed out that nearly half of the serious hazardous materials spills in transportation go unreported to the government, leaving investigators without data to identify unsafe carriers and containers. Using federal records as a source, the article reported that from 2006 through 2008, hazmat carriers failed to report 1,199 "serious" accidents, while the number that were reported totaled 1,403. In that period, the DOT levied fines of up to $2,750 against four carriers for failure to report serious hazmat spills, notes the article.

The U.S. DOT requires motor carriers which have transported a leaking package of hazardous materials or experienced a loading or unloading hazmat-related leak or spill to report incidents in accordance with the regulations in 49 CFR 171.15 and 171.16. Immediate telephonic notification is required is some cases, along with a written report. Most hazardous materials are dangerous when they are released, relates the DOT, noting that the scene of an incident can be chaotic, and the right actions may not always be obvious. The DOT emphasizes that reporting a hazardous materials leak or spill is required by law.

Tom Moses, an environmental attorney and president of Spill Center, a leading environmental claims and spill management agency, advises full compliance with environmental regulations. "Not reporting spills is unwise and not worth the risk," he observes. "Carriers should instruct their drivers to report even spills that they think might not require a report. Drivers can never get into trouble for reporting something they did not need to report," says Moses.

"Drivers need to make sure that they get the name and phone number of the person who tells them they don't need to make a report. That's the best defense in the world, not only for a failure-to-report violation at any level, but also for third party claims," he continues. Moses also advises drivers to log all actions they take after a spill. "That written record can be used to put the driver and company in a legally defensible position," he comments. "And don't forget to make any follow-up reports that may be required," he adds. "You can minimize the possibility of fines with timely, complete and accurate reporting."

Moses founded Spill Center� nearly 20 years ago to help level the playing field for spill generators who must deal with regulatory authorities, cleanup contractors and third-party claimants. The 24/7 nationwide service is designed to reduce costs associated with environmental releases and mitigate potential liability.

Spill Center's staff of legal, environmental and technical specialists help find and dispatch cleanup contractors, expedite regulatory reporting and audit contractor invoices. Proprietary automated systems are used to track incidents, produce standard and customized reports and generate root cause analysis data to help managers identify conditions and trends that can be addressed within their organizations to improve safety.

For more information on Spill Center subscriber services and how Spill Center can help your company become better prepared to handle spills requiring emergency cleanup, visit www.spillcenter.com or call Tom Moses at 978-568-1922, x222. You can email him at [email protected].



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