FAA PENALIZES GLOBAL MANUFACTURER FOR HAZMAT VIOLATIONS
September 29, 2017
On July 28, 2017, the FAA proposed a $54,000 civil penalty against Carboline Company for allegedly violating the Hazardous Materials Regulations. According to its website, Carboline supplies high performance coatings, linings and fireproofing products to customers around the world. It is a subsidiary of RPM International Inc. (NYSE: RPM), which is a multinational holding company with subsidiaries that manufacture and market high-performance coatings, sealants and specialty chemicals, primarily for maintenance, repair and improvement applications.
According to the FAA, Carboline offered a shipment to FedEx for overnight delivery on September 15, 2016 containing two pails of flammable paint. The package was transported on a FedEx flight from Memphis to San Antonio the following day. When the package arrived in San Antonio, workers at the FedEx sorting facility there discovered the shipment was leaking, as Carboline allegedly failed to secure the lids of the cans with clips. In addition to an alleged failure to properly package the shipment to prevent a release of hazardous materials under normal transportation conditions, the FAA also determined that Carboline failed to provide emergency response information with the shipment, and failed to properly classify, mark, or label the shipment, or send it with a shipper’s declaration of dangerous goods form.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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