Steven Charles Hunt President, ShipMate, Inc. from here to there: topics in transportation Knock, knock...We're with the government... we're here to help! 20 Spray October 2013 “He has a right to criticize, who has a heart to help.” – Abraham Lincoln Many years ago I had developed a written procedure titled Receiving Government Inspectors. This was in response to an isolated incident whereby the client had badly mishandled the inspector’s visit by refusing a lawful inspection and insisting on a search warrant. As a result, the client received a very large civil penalty (more than $850,000), even though there were very few, if any, minor infractions of the Hazardous Materials Regulations. Later that year, I had to rely upon the same procedure when I suddenly received a Federal Aviation Administration inspector at my home! At the time, I was working from my home, having been in business for only a couple of years. Obviously, I was nervous when the agent flashed his badge and demanded entry. The inspector insisted on seeing our “...chemical storage facility, shipping docks, warehouse and offices,” so I invited him in and promptly showed him my kitchen pantry, driveway, garage, and dining room table. Satisfied, he left, scratching his head on the way out. Immediate Actions Before any regulatory agency inspection, companies should develop, implement and provide training on a procedure to deal with visits from federal, state or provincial, or local regulatory agencies. These include, but are not limited to, routine and nonroutine visits from the Dept. of Transportation (DOT) (or its modal enforcement agencies), federal or state occupational safety and health administrations, environmental protection agencies, customs and border protection, health departments, fire marshals, solid waste management agencies, or even the local air quality or water quality management board. When an inspector arrives at your facility, whether announced or unannounced, you should do the following: Identify the Inspector Ask to see his or her credentials, exchange business cards and write down the inspector’s name, agency, scope of the inspection and statutory authority they are inspecting under (e.g., 49 CFR subchapter C Hazardous Materials Regulations). In almost all cases, the inspector will offer a business card, show their badge and identification, and describe the scope of the inspection and why they have come to your facility. Make Management Available You should immediately notify facility management and make a corporate officer available to speak with the inspector. The corporate officer may delegate a person or persons to accompany the inspector or answer questions after an initial pre-brief meeting. I strongly recommend that the company designate one or more persons as “Compliance Managers” or “Facility Inspection Coordinators.” These persons should be trained in the proper protocol for receiving government visitors, prepare for agencies inspections, and be the initial “go-to guys” when the inspector arrives. Determine the Scope Ask the inspector to identify those activities of particular
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