Tailored Chemical Products, Inc.

Case Number: 02-282-SD-SO

Docket Order: PHMSA-2005-22974

On December 10, 2002 the Office of Chief Counsel issued an NOPV to Tailored Chemical Products, Inc. (Respondent) for five violations of the Hazardous Materials Regulations (HMR). The Notice formally initiated this proceeding against Respondent for violations of the HMR. Based on the facts discussed below, Respondent was assessed a civil penalty in the amount of $10,725. Violation 1 : Offering hazardous materials, (1) Paint and (2) Corrosive liquid, (contains phosphoric acid), for transportation in commerce in unauthorized, non-UN standard packagings. Violation 2: Offering a hazardous material, Paint, for transportation in commerce in a package that was not marked with the proper shipping name and UN identification of the hazardous material. Violation 3: Allowing employees to perform functions subject to the HMR when general awareness and function-specific hazardous materials training was not provided, and training records were not maintained. Violation 4: Offering a hazardous material for transportation in commerce in a quantity requiring placarding, without registering with PHMSA as a shipper of hazardous materials. Violation 5: Offering a hazardous material for transportation in commerce with a shipping paper not including a shipper’s certification statement, the unit of measure for the total quantity of the hazardous material, as well as listing additional information before the shipping description. The finding was that there is sufficient evidence to support a finding that Respondent violated the HMR as set forth in the opening to this Order. Respondent, in its responses and during settlement negotiations, never denied any of the alleged violations set forth in the Notice. I find Respondent’s corrective actions were duly accounted for when PHMSA included a $3,575 reduction for those actions in the Notice’s proposed penalty assessment. I therefore assess Respondent a civil penalty in the amount of $10,725.