1. There was nothing on the bills that it was Haz Mat, no X in the HM line. ...it was cross loaded out of containers and loaded on Swift trailers and an other carrier's trailers. The loads were pre loaded & sealed. The 2 Swift trucks both did not have anything in their paperwork to make them think there might be a problem.
WHO did the drivers get the BOLs from? WHO prepared the BOL and chose what name to ship that herbicide under? WHO loaded the trailers?
HAZARDOUS MATERIALS SHIPPER RESPONSIBILITIES
DETERMINE WHETHER A MATERIAL MEETS THE DEFINITION OF A "HAZARDOUS MATERIAL"
PROPER SHIPPING NAME
CLASS/DIVISION
IDENTIFICATION NUMBER
HAZARD WARNING LABEL
PACKAGING
MARKING
EMPLOYEE TRAINING
SHIPPING PAPERS
EMERGENCY RESPONSE INFORMATION
EMERGENCY RESPONSE TELEPHONE NUMBER
CERTIFICATION
COMPATIBILITY
BLOCKING AND BRACING
PLACARDING [provide correct placards. It's the DRIVER's responsibility to attach them to the trailer.]
SECURITY PLAN
INCIDENT REPORTING
How to Comply with Federal Hazardous Materials Regulations - Federal Motor Carrier Safety Administration
IT IS THE CARRIERS RESPONSABILTY TO KNOW WHAT IS ON THEIR TRAILERS. The load planers ( morons ) had no clue, the DM's had no clue. So obviously the drivers had no clue.
The drivers were the ones who had the bills in their hands. They were the ones reading "44,000 pounds Ethylmethylbadchit." If they couldn't figure out between the two of them that "ethylmethylbadchit" might indicate a chemical and a chemical name might mean it needs to be placarded...and then communicate their concerns to Safety, how in the hell is Swift's office staff supposed to know? Telepathy?
The drivers ARE the eyes and ears for whatever carrier they run for. It is ABSOLUTELY their responsibility to read the BOL on every load they haul. If they even
think there might be ANY issue, they need to bring it to their Safety department's and the shipper's attention.
If the other Carrier knew what it was, made sure their drivers had the proper paper work, had MSDS's, and the proper endorsements to pull the load, and the proper placards. How come Swift did not?
As noted above, it was NOT the carrier that provided paperwork, MSDS's or placards. That was the SHIPPER.
Shippers NEVER lie about loads. EVER. That's why I hauled a 28,000 pound load of alcoholic beverages from Railex in Schenectady with my Prime Cascadia and Utility trailer that placed me 3,000 pounds over gross. My tractor and trailer magically gained 20,000 pounds because the SHIPPER wouldn't LIE??
Why lie about a hazmat load? Well, for starters, because it's cheaper to pay a carrier for a non-hazmat load. Maybe that other carrier didn't mind hauling it for the going rate on regular freight. But Swift won't. They WILL charge the hazmat premium. Shipper doesn't want to pay that, so it's just easier to claim "consumer quantities." and not list a packing group, hazard class, ID number or anything of the sort.
It's no ****n wonder Swift had a bird over this. I would be surprised....shocked....if Swift didn't turn around and bill the shipper for the hazmat premium, your friend's hospital bills, cleanup of the trailers, the additional insurance premium, plus whatever else they could think up. I imagine it became an extremely expensive load for that shipper.
HAZARDOUS MATERIALS CARRIER RESPONSIBILITY
[DRIVER, as Carrier representative, because a Safety person isn't going to be on-site at every shipper to hold the DRIVER's hand.]
SHIPPING PAPER [read it!]
PLACARD AND MARK VEHICLE
LOADING AND UNLOADING
COMPATIBILITY [know what goes with what and, more importantly, what DOESN'T]
BLOCKING AND BRACING
INCIDENT REPORTING
SECURITY PLAN [follow it!]
HAZARDOUS MATERIALS CARRIER RESPONSIBILITY
SHIPPING PAPER [review with DRIVER...Swift does this on all KNOWN hazmat loads...has the driver read every line and item tagged as hazmat]
COMPATIBILITY [so they can verify to the driver it's a safe load]
INCIDENT REPORTING
SECURITY PLAN [make one and insist the DRIVER follow it]
EMPLOYEE TRAINING [which Swift does, ad nauseum...how many times we come on these boards bitching about yet ANOTHER training session or video we are ALL required to get signed off because SOMEBODY didn't follow PROCEDURE]
You are most likely basing your opinion that it was Swift's fault on this:
The carrier must check to insure that the material offered by the shipper is properly described and packaged.
Carriers do this. Through their paid representatives, their DRIVERS.
You have been in this business long enough to know shipping papers are issued by the SHIPPER, not the carrier, and are most often prepared at the time of shipment. To expect a carrier office staff person thousands of miles away to know for sure what is inside every one of 75,000 trailers is ridiculous.
Your credibility is
oo:.
You will believe whatever you want to, regardless of what the actual facts are.