By Mike Nartker
Global Security Newswire

WASHINGTON — U.S. companies that ship dangerous cargo, such as radioactive materials or explosives, will soon be required to train their employees to respond to terrorist threats and to have security plans in place for hazardous materials shipments, according to a U.S. Transportation Department rule published yesterday in the Federal Register.

“We believe that the new requirements in this final rule will enhance the security of hazardous materials in transportation and, thus, help to deter and prevent terrorists from using hazardous materials in the transportation system as weapons of destruction or intimidation,” the rule says.

Under the new rule, which took effect yesterday, companies that transport hazardous materials will need to include a security component in their employee training.  The new training must include increasing the awareness of potential security risks and corresponding safety measures.  The rule gives companies until March 24, 2006 to train all their hazardous material employees.

In addition to the increased security training, companies have until Sept. 25 to develop security plans for shipments of certain types and quantities of hazardous materials, including:

*         radioactive materials;

*         more than 55 pounds of certain types of explosive materials;

*         more than 3,500 liters of hazardous materials in liquid or gas form, such as propane; and

*         shipments of U.S. Centers for Disease Control and Prevention-designated “select” biological agents.

The security plans must include an assessment of the potential security risks along a shipment route and the appropriate measures to address those risks, the rule says, adding that such measures may vary depending on the risk level at that time.  The plans must also include personnel security measures, such as background checks for employees with access to hazardous materials, measures to prevent unauthorized access and en route security measures.

Companies that transport hazardous materials will have, under the rule, the flexibility “to tailor” their security plans to the assessed threat, said Joe Delcambre, spokesman for Transportation’s Research and Special Programs Administration (RSPA).  If companies are found not to have security plans in place after the deadline, the RSPA will have the authority to impose civil penalties, he said.

The rule indicates that enforcement of the security plan requirement will be done on a case-by-case basis, since each plan will differ because of the assessed threat.

“There is no ‘one-size-fits-all’ security plan that will be appropriate for each company’s individual circumstances; similarly, there is no ‘one-size-fits-all’ enforcement standard that can be applied to individual companies,” the rule says.

Delcambre said industry responses to the new security requirements were generally favorable.  Some companies were concerned that the new requirements would increase paperwork and costs, he said.  Companies were also concerned that the new requirements would conflict with other guidelines being developed by other U.S. agencies, such as the Transportation Security Administration, Delcambre said.  He added that the department works “hand-in-hand” with these other agencies in the rule-making process.

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