Hawaii Revised Statutes 286-225 – Hazardous materials incident reporting

(a) Any employee of the motor carrier, the driver, handlers, and loaders, and any employees of state and county governments shall report hazardous materials incidents as follows:

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Terms Used In Hawaii Revised Statutes 286-225

county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
Hazardous material: means a substance or material which has been determined by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. See Hawaii Revised Statutes 286-221
Infectious substance: means a viable microorganism, or its toxin, which causes or may cause disease in humans and animals, or which is further described as an infectious substance in Title 49 of the Code of Federal Regulations, Part 173. See Hawaii Revised Statutes 286-221
Medical waste: means for transportation purposes, shipments of medical waste material generated in the diagnosis, treatment, or immunization of human beings and animals, in research pertaining thereto, in the production or testing of biologicals, or which are further described as regulated medical waste in Title 49 of the Code of Federal Regulations, Part 173. See Hawaii Revised Statutes 286-221

(1) Upon becoming aware of or observing the potential or actual spill, leakage, or loss of control of a hazardous material, shall immediately, or as soon as possible, notify the nearest police or fire department and make a report of the situation. This incident reporting requirement does not relieve a carrier or shipper of the responsibility to notify the United States Department of Transportation, state department of health, or local emergency planning committee of certain hazardous materials incidents.

(2) Whenever an infectious substance shipment is lost, stolen, or suspected or known to be leaking from its containment packaging, shall immediately, or as soon as possible, notify the state department of health, and the Centers for Disease Control [and Prevention] in Atlanta, Georgia, and make a report of the situation.

(3) Spillage or loss of control of a regulated medical waste shipment in commerce shall be reported immediately, or as soon as possible to the state department of health.

(b) Whenever possible, the incident report should include:

(1) The name and telephone number of the person calling in the report;

(2) The name of the carrier;

(3) Type of vehicle involved;

(4) Injuries or fatalities connected with the incident, if any;

(5) The location and time of the incident;

(6) The duration of a chemical release into the environment, if known;

(7) A description of hazards involved to include the chemical name or identity of any substance released;

(8) Hazardous materials classification, markings, and information on labels and placards affixed on packages, containers or vehicles; and

(9) Emergency actions taken including evacuation to minimize hazardous effects to public health, safety, and property.

(c) A copy of any written notification required under Title 49 of the Code of Federal Regulations, Part 171 shall be provided to the state director of transportation.

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Hawaii Revised Statutes 286-225 – Hazardous materials incident reporting

Terms Used In Hawaii Revised Statutes 286-225

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